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First
Session, 49th General Assembly 69 Elizabeth II, 2020 |
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AN ACT TO AMEND THE
PUBLIC HEALTH PROTECTION AND PROMOTION ACT |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE JOHN HAGGIE Minister of Health and Community Services |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Public Health Protection and Promotion Act to · allow the Minister of Justice and Public Safety, upon the request of and following consultation with the Minister of Health and Community Services, to authorize peace officers to enforce measures taken by the Chief Medical Officer of Health under subsection 28(1) of the Act during a public health emergency, including the authority to detain individuals and to convey individuals to a point of entry in the province; · clarify that the powers of inspectors apply to measures taken under the Act; · allow inspectors to require an individual to stop a motor vehicle; · include the Minister of Justice and Public Safety and peace officers in the protection of liability provision in the Act; and · clarify that the protection of liability provision in the Act also applies in relation to measures taken under the Act or the regulations. A BILL AN ACT TO AMEND THE PUBLIC HEALTH PROTECTION AND PROMOTION ACT Analysis 1. S.28.1 Added Enforcement of measures 2.
S.50 Amdt. 3. S.55 R&S Protection from liability Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2018 cP-37.3 1. The Public Health Protection and Promotion Act is amended by adding immediately after section 28 the following: Enforcement of measures 28.1 (1) While a measure taken by the Chief Medical Officer of Health under subsection 28(1) is in effect, the Minister of Justice and Public Safety may, upon the request of and following consultation with the minister, authorize a peace officer to do one or more of the following: (a) locate an individual who is in contravention of the measure; (b) detain an individual who is in contravention of the measure; (c) convey an individual who is in contravention of the measure to a specified location, including a point of entry to the province; and (d) provide the necessary assistance to ensure compliance with the measure. (2) A peace officer who detains or conveys an individual under subsection (1) shall promptly inform the individual of (a) the reasons for the detention or conveyance; (b) the individual's right to retain and instruct counsel without delay; and (c) the location to which the individual is being taken. 2. Subsection 50(1) of the Act is repealed and the following substituted: Powers of inspectors 50. (1) An inspector may, at all reasonable times and without a warrant, for the purpose of administering or determining compliance with this Act or the regulations, a code of practice or a measure taken or an order made under this Act or the regulations or to investigate a communicable disease or health hazard, do one or more of the following: (a) inspect or examine premises, processes, books and records the inspector may consider relevant; (b) enter any premises; (c) take samples, conduct tests and make copies, extracts, photographs or videos the inspector considers necessary; or (d) require a person to (i) give the inspector all reasonable assistance, including the production of books and records as requested by the inspector and to answer all questions relating to the administration or enforcement of this Act or the regulations, a code of practice or a measure taken or an order made under this Act or the regulations and, for that purpose, require a person to stop a motor vehicle or attend at a premises with the inspector, and (ii) make available the means to generate and manipulate books and records that are in machine readable or electronic form and any other means or information necessary for the inspector to assess the books and records. 3. Section 55 of the Act is repealed and the following substituted: Protection from liability 55. The minister, the Minister of Justice and Public Safety, the Chief Medical Officer of Health, a regional medical officer of health, an environmental health officer, an inspector, a regional health authority, a peace officer or other person is not personally liable for anything done or omitted in good faith in the exercise or performance, or intended exercise or performance, of (a) a power, duty or function conferred or imposed upon him or her by this Act, the regulations or a measure taken or an order made under this Act or the regulations; or (b) a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred or imposed by this Act, the regulations or a measure taken or an order made under this Act or the regulations, or for the costs in connection with an action or proceeding. ©Queen's Printer |