This is an official version.

Copyright ©2019: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Newfoundland and Labrador
Regulation 2019


NEWFOUNDLAND AND LABRADOR REGULATION 42/19

NEWFOUNDLAND AND LABRADOR
REGULATION 42/19

Public Health Protection and Promotion Regulations
under the
Public Health Protection and Promotion Act

(Filed June 28, 2019)

Under the authority of section 60 of the Public Health Protection and Promotion Act, I make the following regulations.

Dated at St. John’s, June 28, 2019.

Dr. John Haggie
Minister of Health and Community Services

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Communicable diseases

        4.   Zoonotic diseases

        5.   Health care professionals

        6.   Duty to report communicable disease

        7.   Duty to report other diseases or conditions

        8.   Duty to report zoonotic disease

        9.   Service

      10.   Notice

      11.   Submissions

      12.   Results of examination

      13.   Commencement

              Schedule A

Communicable Diseases

              Schedule B

Zoonotic Diseases


Short title

        1. These regulations may be cited as the Public Health Protection and Promotion Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Public Health Protection and Promotion Act;

             (b)  "Chief Veterinary Officer" means the Chief Veterinary Officer as defined in the Animal Health and Protection Act;

             (c)  "veterinarian" means a veterinarian licensed under the Veterinary Medical Act, 2004;

Communicable diseases

        3. A disease listed in Schedule A is prescribed as a communicable disease.

Zoonotic diseases

        4. A disease listed in Schedule B is prescribed as a zoonotic disease.

Health care professionals

        5. The following persons are designated as health care professionals:

             (a)  dentists licensed under the Dental Act, 2008; and 

             (b)  pharmacists registered under the Pharmacy Act, 2012.

Duty to report communicable disease

        6. (1) The following communicable diseases shall be reported, in accordance with section 23 of the Act, via telephone as soon as the disease is suspected as part of a clinical diagnosis:

             (a)  anthrax;

             (b)  botulism;

             (c)  Creutzfeldt-Jakob Disease (CJD);

             (d)  diphtheria;

             (e)  group A streptococcal disease (invasive);

             (f)  haemophilus influenza type B (invasive disease);

             (g)  measles;

             (h)  meningococcal invasive disease;

              (i)  plague;

              (j)  rabies;

             (k)  severe acute respiratory illness (SARI);

              (l)  smallpox;

           (m)  tetanus;

             (n)  tularemia; and

             (o)  viral hemorrhagic fevers.

             (2)  Where a report is made via telephone in accordance with subsection (1), a written report shall be made within 24 hours of that report. 

             (3)  The following communicable diseases shall be reported, in accordance with section 23 of the Act, in writing within 24 hours of laboratory or clinical diagnosis, whichever occurs first:

             (a)  acute flaccid paralysis;

             (b)  antimicrobial resistant organisms;

             (c)  arbovirus;

             (d)  brucellosis;

             (e)  chlamydia;

             (f)  clostridium difficile;

             (g)  food or water-borne illness due to chemical, toxin, virus, bacteria or other organism, whether specific or unspecified, including conditions where food poisoning is suspected but not confirmed;

             (h)  gonorrhea;

              (i)  group B streptococcal disease of the newborn;

              (j)  haemophilus influenza non-B (invasive disease);

             (k)  hantavius pulmonary syndrome;

              (l)  hepatitis A, hepatitis B, hepatitis C and other infectious hepatitis;

           (m)  human immunodeficiency virus infection (HIV);

             (n)  legionellosis;

             (o)  leprosy;

             (p)  louse or tick-borne diseases;

             (q)  malaria;

              (r)  mumps;

             (s)  pertussis;

              (t)  poliomyelitis;

             (u)  Q fever;

             (v)  rubella (including congenital rubella syndrome);

            (w)  syphilis (including congenital syphilis); and

             (x)  tuberculosis.

             (4)  The following communicable diseases shall be reported, in accordance with section 23 of the Act, in writing within 7 days of laboratory or clinical diagnosis, whichever occurs first:

             (a)  chancroid;

             (b)  pneumococcal invasive disease; and

             (c)  varicella.

             (5)  Influenza shall be reported, in accordance with section 23 of the Act, in writing within 24 hours of laboratory diagnosis. 

Duty to report other diseases or conditions

        7. (1) Where he or she reasonably believes that a new or unusual disease, infection, condition or cluster of diseases, infections or conditions that is not otherwise reportable under these regulations could be a risk to the health of the population, a health care professional or an environmental health officer shall report the disease, infection, condition or cluster of diseases, infections or conditions, in accordance with section 23 of the Act, via telephone as soon as the disease, infection or condition is suspected.

             (2)  Where a report is made via telephone in accordance with subsection (1), a written report shall be made within 24 hours of that report. 

Duty to report zoonotic disease

        8. (1) The Chief Veterinary Officer, or his or her designate, shall report the following zoonotic diseases, in accordance with section 25 of the Act, via telephone immediately upon diagnosis:

             (a)  influenza H5 and H7 (avian influenza); and

             (b)  rabies.

             (2)  Where a report is made via telephone in accordance with subsection (1), a written report shall be made within 24 hours of that report. 

             (3)  The Chief Veterinary Officer, or his or her designate, shall report the following zoonotic diseases, in accordance with section 25 of the Act, in writing within 24 hours of diagnosis:

             (a)  arbovirus;

             (b)  bovine spongiform encephalopathy (BSE);

             (c)  brucellosis;

             (d)  cystic echinococcosis;

             (e)  influenza A in swine;

             (f)  louse or tick-borne diseases;

             (g)  plague;

             (h)  Q fever;

              (i)  trichinosis or trichinellosis;

              (j)  tuberculosis due to Mycobacterium bovis; and

             (k)  tularemia.

             (4)  The Chief Veterinary Officer, or his or her designate, or a veterinarian shall report chlamydiosis or psittacosis in birds, in accordance with section 25 of the Act, in writing within 24 hours of diagnosis.

             (5)  In addition to the information required under section 26 of the Act, the following information shall be reported under subsections (1) to (4):

             (a)  the name and contact information of the person who has custody of or is in charge of the animal or animals, where applicable and known;

             (b)  the location of the animal or animals;

             (c)  etiology or diagnosis;

             (d)  the species of the animal or animals;

             (e)  the names and contact information of any person who may have been in contact with or exposed to the animal or animals; and

             (f)  information regarding any preventive measure taken.

Service

        9. (1) A communicable disease order or a health hazard order, including a variation, termination or suspension of a communicable disease order or health hazard order, shall be served personally by leaving a copy of the order with the person or persons to whom the order applies.  

             (2)  A certificate filed under subsection 43(4) of the Act shall be served personally by leaving a copy of the certificate with the person or persons to whom the certificate applies.  

             (3)  Where an attempt to serve an order or a certificate personally in accordance with subsections (1) or (2) is unsuccessful, the order or certificate may be served by

             (a)  leaving a copy of the order or certificate, in a sealed envelope addressed to the person, at the person's residence with a person who appears to be an adult member of the same household; and

             (b)  mailing another copy of the order or certificate to the person at their residence by regular mail.

             (4)  Personal service under subsections (1) or (2) may be proved by a written or oral statement under oath by the person who served the document.

Notice

      10. (1) Where notification is required under paragraph 39(a) of the Act, the person making the communicable disease order or health hazard order shall provide notice in writing to the person or persons who will be the subject of the order, which shall include:

             (a)  the section of the Act under which the order is being made;

             (b)  the grounds for making the order and the reasons for the specific actions being ordered;

             (c)  the person or persons to whom the order will apply and who shall comply with the order;

             (d)  the details of any work or action to be performed or ceased;

             (e)  a description of any substance, thing or premises that will be the subject of the order;

             (f)  any conditions of the order; and

             (g)  how a person that will be subject to the order may make submissions respecting the order and the time frame within which such submissions must be made.

             (2)  Written notice under subsection (1) shall be served personally by leaving a copy of the notice with the person or persons who will be the subject of a communicable disease order or a health hazard order.

             (3)  Where an attempt to serve a copy of the notice personally in accordance with subsection (2) is unsuccessful, notice may be given by

             (a)  leaving a copy of the notice, in a sealed envelope addressed to the person, at the person's residence with a person who appears to be an adult member of the same household; and

             (b)  mailing another copy of the notice to the person at their residence by regular mail.

             (4)  Notice under subsection (2) may be proved by a written or oral statement under oath by the person who served the document.

Submissions

      11. (1) A submission made under paragraph 39(b) of the Act may be made orally or in writing to the person making the order within the time frame specified in the notice under paragraph 39(a) of the Act.

             (2)  A submission made under subsection 46(3) of the Act shall be made in writing to the Chief Medical Officer of Health at any time while the order in question is in effect. 

Results of examination

      12. Where an order made under the Act requires a person to be examined, the examiner shall provide a written copy of the results of the examination to the regional medical officer of health who issued the order and to the person being examined within 24 hours of receiving the results.

Commencement

      13. These regulations come into force on July 1, 2019.

Schedule A

Communicable Diseases

Acute Flaccid Paralysis

Anthrax

Antimicrobial Resistant Organisms

Arbovirus

Botulism

Brucellosis

Chancroid

Chlamydia

Clostridium Difficile

Creutzfeldt-Jakob Disease (CJD)

Diphtheria

Food or water-borne illness due to chemical, toxin, virus, bacteria or other organism, whether specific or unspecified, including conditions where food poisoning is suspected but not confirmed

Gonorrhea

Group A Streptococcal Disease (invasive)

Group B Streptococcal Disease of the Newborn

Haemophilus Influenza Type B (invasive disease)

Haemophilus Influenza Non-B (invasive disease)

Hantavirus Pulmonary Syndrome

Hepatitis A, Hepatitis B, Hepatitis C and other Infectious Hepatitis

Human Immunodeficiency Virus Infection (HIV)

Influenza (laboratory confirmed)

Legionellosis

Leprosy

Louse or Tick-borne diseases

Malaria

Measles

Meningococcal Invasive Disease

Mumps

Pertussis

Plague

Pneumococcal Invasive Disease

Poliomyelitis

Q Fever

Rabies

Rubella (including Congenital Rubella Syndrome)

Severe Acute Respiratory Illness (SARI)

Smallpox

Syphilis (including Congenital Syphilis)

Tetanus

Tuberculosis

Tularemia

Varicella

Viral Hemorrhagic Fevers

Schedule B

Zoonotic Diseases

Arbovirus

Bovine Spongiform Encephalopathy (BSE)

Brucellosis

Chlamydiosis or Psittacosis in birds

Cystic Echinococcosis

Influenza A in swine

Influenza H5 and H7 (Avian Influenza)

Louse or Tick-borne diseases

Plague

Q fever

Rabies

Trichinosis or Trichinellosis

Tuberculosis due to Mycobacterium bovis

Tularemia