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Questions and Answers
What is the definition of a health hazard?
What is the definition of a health hazard?
Which of the following can be considered a health hazard?
Which of the following can be considered a health hazard?
How is the term 'likely' defined in the context of health hazards?
How is the term 'likely' defined in the context of health hazards?
Which of the following statements about health hazards is FALSE?
Which of the following statements about health hazards is FALSE?
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Which aspect of public safety might be influenced by health hazards?
Which aspect of public safety might be influenced by health hazards?
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Which entity is defined as the Health Services Appeal and Review Board under the Ministry of Health?
Which entity is defined as the Health Services Appeal and Review Board under the Ministry of Health?
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What is a 'board of health' according to the definitions provided?
What is a 'board of health' according to the definitions provided?
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Which of the following describes a 'communicable disease'?
Which of the following describes a 'communicable disease'?
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What constitutes a 'dwelling unit'?
What constitutes a 'dwelling unit'?
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Which of the following best defines 'food premise'?
Which of the following best defines 'food premise'?
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What does 'health hazard' encompass based on the definition?
What does 'health hazard' encompass based on the definition?
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What is a characteristic of the definition of 'health hazard'?
What is a characteristic of the definition of 'health hazard'?
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What is one major omission in the characteristics of a 'health hazard'?
What is one major omission in the characteristics of a 'health hazard'?
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What is the definition of a 'disease of public health significance'?
What is the definition of a 'disease of public health significance'?
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Which regulation outlines the communicable diseases?
Which regulation outlines the communicable diseases?
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Which of the following is NOT considered a virulent disease?
Which of the following is NOT considered a virulent disease?
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What can be considered a consequence of an order that requires the closing of premises under the Act?
What can be considered a consequence of an order that requires the closing of premises under the Act?
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How is a disease identified as a communicable disease?
How is a disease identified as a communicable disease?
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Which of the following diseases is included in the list of virulent diseases?
Which of the following diseases is included in the list of virulent diseases?
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What does the term 'Act binds Crown' indicate?
What does the term 'Act binds Crown' indicate?
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Which of the following diseases is classified as a communicable disease?
Which of the following diseases is classified as a communicable disease?
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What is a prerequisite for a medical officer of health or a public health inspector to issue an order under Section 13?
What is a prerequisite for a medical officer of health or a public health inspector to issue an order under Section 13?
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Which of the following actions is NOT included in the nature of orders that can be issued under Section 13?
Which of the following actions is NOT included in the nature of orders that can be issued under Section 13?
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Who can an order under Section 13 be directed to?
Who can an order under Section 13 be directed to?
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What must be specified in an order issued by a medical officer of health under this section?
What must be specified in an order issued by a medical officer of health under this section?
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What can a medical officer of health specify about compliance timelines in an order?
What can a medical officer of health specify about compliance timelines in an order?
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An order under Section 13 must be based on which of the following components?
An order under Section 13 must be based on which of the following components?
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Which of the following is a potential weakness identified regarding Section 13 of the HPPA?
Which of the following is a potential weakness identified regarding Section 13 of the HPPA?
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In the context of a health hazard, what is one responsibility of the person making an order that is directed to an occupier?
In the context of a health hazard, what is one responsibility of the person making an order that is directed to an occupier?
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What is the status of a public health standard in relation to regulation?
What is the status of a public health standard in relation to regulation?
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In case of a conflict between a regulation and a public health standard, which takes precedence?
In case of a conflict between a regulation and a public health standard, which takes precedence?
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What does a public health standard require when adopting a code by reference?
What does a public health standard require when adopting a code by reference?
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How does rolling incorporation affect the adoption of codes?
How does rolling incorporation affect the adoption of codes?
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When does an amendment to an adopted code or procedure come into effect?
When does an amendment to an adopted code or procedure come into effect?
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What is required of a board of health under the prescribed regulations and public health standards?
What is required of a board of health under the prescribed regulations and public health standards?
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What may a public health standard include when adopting a code?
What may a public health standard include when adopting a code?
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What does the term 'mandatory health program' imply in the context of public health standards?
What does the term 'mandatory health program' imply in the context of public health standards?
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What is required for an order under Section 13 to be effective?
What is required for an order under Section 13 to be effective?
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In what situation may a medical officer of health issue an oral order?
In what situation may a medical officer of health issue an oral order?
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Which of the following is NOT a condition under which the medical officer of health may give directions?
Which of the following is NOT a condition under which the medical officer of health may give directions?
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What can happen if the recipient of an order under Section 14 does not comply?
What can happen if the recipient of an order under Section 14 does not comply?
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Under Section 14, who can receive directions from the medical officer of health?
Under Section 14, who can receive directions from the medical officer of health?
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What is the purpose of subsection (8) in Section 13?
What is the purpose of subsection (8) in Section 13?
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What action is permitted if a person cannot be located in a timely manner regarding an order?
What action is permitted if a person cannot be located in a timely manner regarding an order?
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Why might a medical officer of health provide assistance to a recipient of an order?
Why might a medical officer of health provide assistance to a recipient of an order?
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Study Notes
Health Law - ENH 121 - Unit 9 - HPPA - 1
- Health Law course, ENH 121, Unit 9, focusing on the HPPA (Health Protection and Promotion Act) in 2024.
- Course material provided by Dr. Peter Strahlendorf.
- The HPPA is outlined as R.S.O. 1990, Chapter H.7 (Parts 1-3) and revised to September 2023.
HPPA: History
- The HPPA replaced the prior "Public Health Act."
- Public Health involvement in Occupational Health and Safety (OHS).
- The concept of "Nuisance" versus "Health Hazard" is discussed.
- A new HPPA was passed in 1983.
- There have been few amendments in the following 20 years.
HPPA: Structure
- Interpretation (Definitions)
- Health Programs and Services
- Community Health Protection
- Communicable Diseases
- Rights of Entry and Appeals from Orders
- Health Units and Boards of Health
- Administration
- Regulations
- Enforcement
- Transition
Purpose
- The HPPA aims to organize and deliver public health programs and services.
- Focus is on preventing disease spread and promoting the well-being of Ontarians.
- It is not about individual personal health problems, but rather concerns a "relatively significant portion of the public affected."
Jurisdiction
- Public health is a shared provincial and federal jurisdiction.
- Federal laws (e.g., food safety) take priority in conflicts.
- Provincial jurisdiction (Constitution Act, section 92) covers certain aspects like municipal institutions, licenses, local works, property, and private matters.
- Different ministries (Health, Labour, Environment) have specific roles related to the HPPA, OHSA, EPA, and OWRA.
Peculiarity
- OHSA inspectors are employees of the Ministry of Labour.
- EPA inspectors are from the Ministry of Environment.
- Local Medical Officer of Healths (MOHs) and Public Health Nurses (PHNs) are employees of local health boards.
- In Northern Ontario, the Chief Medical Officer of Health is an employee of the Ministry of Health and Long-Term Care (MOHLTC).
Boards of Health
- Southern Ontario has geographically-divided health units.
- Each unit has a board of health and a Medical Officer of Health (CEO).
- Boards of health have jurisdiction over health hazards within the local health unit (unless emergency).
- They get guidance from MOHLTC concerning health programs.
- Municipal members, MOHLTC-appointed members, and potentially local band council members for native reserves are on the boards.
- Different emphases given based on local control (rural versus urban).
Part I: Definitions
- "Board" refers to the Health Services Appeal and Review Board.
- "Board of health" defines various types of health boards.
- Definitions for "Chief Medical Officer of Health," "communicable disease," "disease of public health significance," and "dwelling unit" are included.
- Definitions for "food," "food premise," "health hazard," also specified.
Part II: Health Programs & Services
- Boards of health must provide programs and services based on MOHLTC requirements.
- Mandatory programs outlined under section 5 cover community sanitation, safe drinking water, disease control, health promotion and prevention, family health (counselling, family planning), preschool health, screening programs, and other specified programs like tobacco/nutrition support.
Part III: Community Health Protection
- Medical Officer of Health (M.O.H.) duties entail inspection for health hazards (food premises, boarding/lodging houses, residential institutions, schools, daycares, pools, personal services settings).
- M.O.H. is obligated to notify the relevant ministry when there's a complaint on health issues in the health unit served.
- Results of inspection reports are to be provided to the complainant, excluding personal health info unless consent is provided.
- Health hazard obligations prevail over other health information policies.
Part III: Duties of the Medical Officer of Health
- MOH has a legal duty to investigate complaints, and ensure the health of the community.
- They need to keep up-to-date on occupational, environmental factors impacting the health unit.
- The Ministry can provide relevant information to the MOH.
Part III: Orders & Directions
- Specific orders related to health hazards (health hazard exists, and the actions required for improvement are necessary).
- Directions and timeframes for action are part of the orders.
- The order includes reasons for action.
- Oral orders are acceptable if there's an emergency.
Recovery of Expenses
- Costs for correcting health hazards on a premise can be recovered from the owner or any occupier.
- Procedure for the collection of these costs is detailed.
Duty – Food Premises
- Operators of food premises are legally obliged to maintain and manage their operations according to standards.
- Operators must notify the MOH before commencing their operation or activity.
- Operators must furnish information that MOH requires (manufacturing, processing, preparation, storage, handling, display, transportation, sale, or offering for sale of any food on or in the food premise and the distribution of food from the food premise).
- Maintenance of appropriate business records related to food business operations is required, with the criteria defined by regulations.
- Any unfitting sale or offer of food is prohibited (unsuitable by disease, adulteration, impurity, or other causes).
- Unapproved unpasteurized/unsterilized milk for sale is prohibited in specific situations.
Seizure Power
- Powers for seizing health hazards (substances, things, plants, or animals) exist for the MOH or the public health inspector in cases where relevant, probable and reasonable grounds indicate a hazard exists.
- Any seized item can be examined and investigated further before making a decision to release, destroy or dispose.
- Food that has a health hazard can be destroyed without the need for a further investigation.
Facilities Required in Residential Buildings
- Owners of residential buildings must provide potable water and adequate sanitary facilities for occupancy.
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Test your knowledge on health hazards with this quiz. Explore definitions, characteristics, and the relation of health hazards to public safety and disease. Understand important terminologies and regulations related to health and safety.