Environmental Health Law ENH 121 Unit 10 - HPPA II PDF 2024

Environmental Health Law ENH 121 Unit 10 – HPPA II Daniel Huynh BASc School of Occupational and Public Health Toronto Metropolitan University From slides by Dr. Peter Strahlendorf 2024...

Environmental Health Law ENH 121 Unit 10 – HPPA II Daniel Huynh BASc School of Occupational and Public Health Toronto Metropolitan University From slides by Dr. Peter Strahlendorf 2024 Unit 10 HPPA -2 1 Health Protection and Promotion Act R.S.O. 1990, Chapter H.7 (Parts 4-5) Act revised to September 2023 Unit 10 HPPA -2 2  Unit 10 - Contents Part IV - Communicable Diseases – Section 22 Orders – Section 24 Direction – Duties to Report Diseases – Communicable Disease Outbreak Order – More duties to report – Court Orders – Persons under detention – Immunization/Confidentiality Part V - Rights of Entry and Appeals – Rights of Entry – Appeals to HSARB or to the Court Part IX - Enforcement Unit 10 HPPA-2 3 Part IV – Communicable Diseases Duties to report diseases Medical Officer of Health’s powers to issue Communicable Diseases Orders Medical Officer of Health’s powers to issue Communicable Diseases Directions Co-operation between health units Court Orders Unit 10 HPPA -2 4  “Institution” Different “homes”, “facilities”, “institutions” listed (Almost) anywhere where people share food, sleeping, ….non-private residential Not schools Unit 10 HPPA -2 5  Definitions, Part IV 21 (1) In this Part, “institution” means, (a) repealed (b) premises that had been approved under subsection 9 (1) of Part I (Flexible Services) of the Child and Family Services Act, as it read before its repeal, (c) “children’s residence” within the meaning of Part IX (Residential Licensing) of the Child, Youth and Family Services Act, 2017, Unit 10 HPPA -2 6  Definitions, Part IV (d) “child care centre” within the meaning of the Child Care and Early Years Act, 2014 (New in 2014 - Used to be the Day Nurseries Act.) Unit 10 HPPA -2 7  Definitions, Part IV (e) “supported group living residence” within the meaning of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008; (f) “intensive support residence” within the meaning of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008; Unit 10 HPPA -2 8  Definitions, Part IV (g) “home for special care” within the meaning of the Homes for Special Care Act, (h) “long-term care home” within the meaning of the Fixing Long-Term Care Act, 2021, (i) “psychiatric facility” within the meaning of the Mental Health Act, (j) (repealed) Unit 10 HPPA -2 9  To be amended 2018 (k) “correctional institution” within the meaning of the Ministry of Correctional Services Act, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (k) of the definition of “institution” in subsection 21 (1) of the Act is amended by striking out “Ministry of Correctional Services Act” at the end and substituting “Correctional Services and Reintegration 10 Unit 10 HPPA -2 Act, 2018”. (See: 2018, c. 6, Sched. 3, s. 10  To be repealed 2018 (l) “detention facility” within the meaning of section 16.1 of the Police Services Act Note: On a day to be named by proclamation of the Lieutenant Governor, clause (l) of the definition of “institution” in subsection 21 (1) of the Act is repealed. (See: 2018, c. 3, Sched. 5, s. 24 (1)) Unit 10 HPPA -2 11  Definitions, Part IV (m) (repealed) (n) “private hospital” within the meaning of the Private Hospitals Act, (o) place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, (p) a prescribed place, and includes any other place of a similar nature; Unit 10 HPPA -2 12  Definitions, Part IV 21 (1) - (continued) “Superintendent” means the person who has for the time being the direct and actual superintendence and charge of an institution. 21 (2) In this Part, “administrator”, “hospital”, “out-patient” and “patient” have the same meanings as in the Public Hospitals Act. Unit 10 HPPA -2 13 Communicable Diseases Order Section 22 Order Unit 10 HPPA -2 14  Communicable Diseases Order Section 22 (1) A medical officer of health, in the circumstances mentioned in subsection (2), by a written order may require a person to take or to refrain from taking any action that is specified in the order in respect of a communicable disease. Unit 10 HPPA -2 15  Communicable Diseases Order Condition precedent to order 22 (2) A medical officer of health may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds, (a) that a communicable disease exists or may exist or that there is an immediate risk of an outbreak of a communicable disease in the health unit served by the medical officer of health; Unit 10 HPPA -2 16  Communicable Diseases Order Condition precedent to order (b) that the communicable disease presents a risk to the health of persons in the health unit served by the medical officer of health; and (c) that the requirements specified in the order are necessary in order to decrease or eliminate the risk to health presented by the communicable disease. Unit 10 HPPA -2 17  Communicable Diseases Order Time 22 (3) In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order. Unit 10 HPPA -2 18  Content of Order Open-ended, but includes: 1. Closure of premises 2. Placarding premises 3. Isolation if communicable disease 4. Cleaning, disinfecting premises 5. Destruction of thing 6. Submit to medical examination 7. Submit to care if virulent disease 8. Do not expose others Unit 10 HPPA -2 19  What may be included in order What may be included in order 22 (4) An order under this section may include, but is not limited to, (a) requiring the owner or occupier of premises to close the premises or a specific part of the premises; (b) requiring the placarding of premises to give notice of an order requiring the closing of the premises; (c) requiring any person that the order states has or may have a communicable disease or is or may be infected with an agent of a Unit 10 HPPA -2 20 communicable disease to isolate himself or  What may be included in order (d) requiring the cleaning or disinfecting, or both, of the premises or the thing specified in the order; (e) requiring the destruction of the matter or thing specified in the order; (f) requiring the person to whom the order is directed to submit to an examination by a physician and to deliver to the medical officer of health a report by the physician as to whether or not the person has a communicable disease or is or is not infected with an agent of a communicable disease;Unit 10 HPPA -2 21  What may be included in order (g) requiring the person to whom the order is directed in respect of a communicable disease that is a virulent disease to place himself or herself forthwith under the care and treatment of a physician; (h) requiring the person to whom the order is directed to conduct himself or herself in such a manner as not to expose another person to infection. Unit 10 HPPA -2 22  Section 22 Order Addressed to Whom? 1. Resident of health unit 2. Present in health unit 3. Owner, occupier of premises in health unit 4. Owns, in charge of thing, in health unit 5. Engaged in an activity in health unit Unit 10 HPPA -2 23  Section 22 Order Overrides Health Care Consent Act Reasons must be in Order If under 16, Order addressed to “parent” Unit 10 HPPA -2 24  Communicable Diseases Order Person directed 22 (5) An order under this section may be directed to a person, (a) who resides or is present; (b) who owns or is the occupier of any premises; (c) who owns or is in charge of any thing; or (d) who is engaged in or administers an enterprise or activity, in the health unit served by the medical officer of health. Unit 10 HPPA -2 25  Communicable Diseases Order (Class Orders) Class orders 22 (5.0.1) An order under this section may be directed to a class of persons who reside or are present in the health unit served by the medical officer of health. Notice to class (5.0.2) If a class of persons is the subject of an order under subsection (5.0.1), notice of the order shall be delivered to each member of the class where it is practicable to do so in a reasonable amount of time. 2003, c. 1, s. 15 (1). Unit 10 HPPA -2 26  Communicable Diseases Order (Class Orders) Same, general notice 22 (5.0.3) If delivery of the notice to each member of a class of persons is likely to cause a delay that could, in the opinion of the medical officer of health, significantly increase the risk to the health of any person, the medical officer of health may deliver a general notice to the class through any communications media that seem appropriate to him or her, and he or she shall post the order at an address or at addresses that is or are most likely to bring the notice to the attention of the members 27 of the class. 2003,Unitc.10 HPPA 1, s.-2 15 (1).  Communicable Diseases Order (Class Orders) Information in notice 22 (5.0.4) A notice under subsection (5.0.3) shall contain sufficient information to allow members of the class to understand to whom the order is directed, the terms of the order, and where to direct inquiries. 2003, c. 1, s. 15 (1). Hearing for class member (5.0.5) Where a class of persons is the subject of an order under subsection (5.0.1), any member of the class may apply to the Board for the purposes of requiring a hearing under section 44 respecting that member. 2003, c. 1, s. 15 (1). Unit 10 HPPA -2 28  Communicable Diseases Order (Class Orders) Health Care Consent Act, 1996 22 (5.1) The Health Care Consent Act, 1996 does not apply to, (a) a physician’s examination of a person pursuant to an order under this section requiring the person to submit to an examination by a physician; (b) a physician’s care and treatment of a person pursuant to an order under this section requiring the person to place himself or herself under the care and treatment of a physician. 1996, c. 2, s. 67 (1). Unit 10 HPPA -2 29  Communicable Diseases Order (Class Orders) Additional contents of order 22 (6) In an order under this section, a medical officer of health, (a) may specify that a report will not be accepted as complying with the order unless it is a report by a physician specified or approved by the medical officer of health; (b) may specify the period of time within which the report mentioned in this subsection must be delivered to the medical officer of health. R.S.O. 1990, c. H.7,Units.10 HPPA 22 -2(6). 30  Communicable Diseases Order (Class Orders) Reasons for order 22 (7) An order under this section is not effective unless the reasons for the order are set out in the order. Unit 10 HPPA -2 31  Order by M.O.H. re person under sixteen 23 Where an order by a medical officer of health in respect of a communicable disease is directed to a person under sixteen years of age and is served upon the parent of the person or upon any other person who has the responsibilities of a parent in relation to the person under sixteen years of age, the parent or other person shall ensure that the order is complied with. R.S.O. 1990, c. H.7, s. 23; 2021, c. 4, Sched. 11, s. 15. Unit 10 HPPA -2 32 Section 24 Direction Unit 10 HPPA -2 33  Section 24 Direction If person not likely to comply, Medical Officer of Health can direct employees of health unit or contractor to do the work and cost is billed to person receiving order. Unit 10 HPPA -2 34  Directions by M.O.H. Directions by M.O.H. 24 (1) A medical officer of health, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the persons whose services are engaged by or to agents of the board of health of the health unit served by the medical officer of health. Unit 10 HPPA -2 35  Directions by M.O.H. When M.O.H. may give directions 24 (2) A medical officer of health may give directions in accordance with subsection (3) where the medical officer of health is of the opinion, upon reasonable and probable grounds, that a communicable disease exists in the health unit and the person to whom an order is or would be directed under section 22, (a) has refused to or is not complying with the order; (b) is not likely to comply with the order promptly; (c) cannot be readily identified or located and as a result the order would not be carried out promptly; or (d) requests the assistance of-2the medical officer of Unit 10 HPPA 36 health in eliminating or decreasing the risk to  Directions by M.O.H. Contents of directions 24 (3) Under this section, a medical officer of health may direct the persons whose services are engaged by or who are the agents of the board of health of the health unit served by the medical officer of health to take such action as is specified in the directions in respect of eliminating or decreasing the risk to health presented by the communicable disease. R.S.O. 1990, c. H.7, s. 24 (3); 1997, c. 30, Sched. D, s. 4 (2). Unit 10 HPPA -2 37  Directions by M.O.H. Idem 24 (4) Directions under this section may include, but are not limited to, (a) authorizing and requiring the placarding of premises specified in the directions to give notice of the existence of a communicable disease or of an order made under this Act, or both; (b) requiring the cleaning or disinfecting, or both, of any thing or any premises specified in the directions; (c) requiring the destruction of any thing specified in the directions. Unit 10 HPPA -2 38  Directions by M.O.H. Recovery of expenses 24 (5) The expenses incurred by a board of health in carrying out directions given by a medical officer of health in respect of a communicable disease may be recovered with costs by the board of health from the person to whom an order is or would be directed under section 22 in respect of the communicable disease by action in a court of competent jurisdiction. Unit 10 HPPA -2 39 Duties to Report Diseases Unit 10 HPPA -2 40  Duty to Report Reportable Diseases s. 25 Knowledge someone has or may have a disease of public health significance 1. Physician 2. Chiropractor 3. Dental Surgeon 4. Nurse 5. Pharmacist 6. Optometrist 7. Naturopath 8. A “prescribed person” … must report to Medical Officer of Health. Unit 10 HPPA -2 41  Duty to Report Disease (Physician/Practitioner) - New Duty to report disease 25 (1) A physician or a practitioner as defined in subsection (2) who, while providing professional services to a person who is not a patient in or an out-patient of a hospital, forms the opinion that the person has or may have a disease of public health significance shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the professional services are provided. R.S.O. 1990, c. H.7, s. 25; 1998, c. 18, Sched. G, s. 55 (2); 2017, c. 25,UnitSched. 10 HPPA -2 3, s. 1 (3). 42  Duty to Report Disease (Physician/Practitioner) Definition 25 (2) In subsection (1), “practitioner” means, (a) a member of the College of Chiropractors of Ontario, (b) a member of the Royal College of Dental Surgeons of Ontario, (c) a member of the College of Nurses of Ontario, (d) a member of the Ontario College of Pharmacists, (e) a member of the College of Optometrists of Ontario, or Unit 10 HPPA -2 43 (f) a member of the College of Naturopaths of  Duty to Report Communicable Disease (Physician/Nurse) Carrier of disease 26 A physician or registered nurse in the extended class who, while providing professional services to a person, forms the opinion that the person is or may be infected with an agent of a communicable disease shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the professional services are provided. Unit 10 HPPA -2 44  Duty to report disease - New Duty of hospital administrator to report re disease 27 (1) The administrator of a hospital shall report to the medical officer of health of the health unit in which the hospital is located if an entry in the records of the hospital in respect of a patient in or an out-patient of the hospital states that the patient or out- patient has or may have a disease of public health significance or is or may be infected with anUnitagent 10 HPPA -2 of a 45  Duty to report disease - New Duty of superintendent of institution to report re disease 27 (2) The superintendent of an institution shall report to the medical officer of health of the health unit in which the institution is located if an entry in the records of the institution in respect of a person lodged in the institution states that the person has or may have a disease of public health significance or is or may be infected with an agent of a communicable Unit 10 HPPA -2 disease. 46 Duty to Report Communicable or Reportable Disease (Hospital/Institution) When report to be given 27 (3) The administrator or the superintendent shall report to the medical officer of health as soon as possible after the entry is made in the records of the hospital or institution, as the case may be. Unit 10 HPPA -2 47  R.R.O. 1990, Reg. 569 - Reports 1 (1) A report required under section 25, 26 or 27 of the Act shall, with respect to the person to whom the report relates, contain the following information: 1. Name and address in full. 2. Date of birth in full. 3. Sex. 4. Date of onset of symptoms. Unit 10 HPPA -2 48  R.R.O. 1990, Reg. 569 - Reports 1 (2) A person who makes a report under section 25 or 26 or subsection 27 (1) or (2) of the Act and gives the information set out in subsection (1) shall, upon the request of the medical officer of health, give to the medical officer of health such additional information respecting the disease of public health significance or communicable disease, as the case may be, as the medical officer of health considers necessary. Unit 10 HPPA -2 49  Duty of School Principal to Report Communicable Disease 28 The principal of a school who is of the opinion that a pupil in the school has or may have a communicable disease shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the school is located Unit 10 HPPA -2 50  R.R.O. 1990, Reg. 569 - Reports 2 A report required under section 28 of the Act shall, with respect to the pupil to whom the report relates, contain the following information: 1. Name and address in full. 2. Date of birth in full. 3. Sex. 4. Name and address in full of the school that the pupil attends. Unit 10 HPPA -2 51  Duty to report disease - New Report by operator 29 (1) The operator of a laboratory shall report to the medical officer of health of the health unit in which the person from whom the specimen was taken resides each case of a positive laboratory finding in respect of a disease of public health significance, as soon as possible after the making of the finding. 2009, c. 33, Sched. 18, s. 12 (3); 2017, c. 25, Sched. 3, s. 1 (3). Unit 10 HPPA -2 52  Duty to Report Reportable Disease (Laboratory) Contents and time of report 29 (2) A report under this section shall state the laboratory findings and shall be made within the time prescribed by the regulations. Definition (3) In this section, “laboratory” has the same meaning as in section 5 of the Laboratory and Specimen Collection CentreUnitLicensing 10 HPPA -2 Act. 53  R.R.O. 1990, Reg. 569 - Reports 3 A report made under subsection 29 (1) of the Act shall, with respect to the person to whom the finding was made, be made within twenty-four hours of the making of the finding and shall contain the following information: 1. Name and address in full. 2. Date of birth in full. 3. Sex. 4. Date when the specimen was taken that yielded the positive finding. 5. Name and address in full of the physician, registered nurse in the extended class, or dentist attending the person. R.R.O. 1990, Reg. 569, s. 3; O. Reg. 426/07, Unit 10 HPPA -2 s. 1. 54  R.R.O. 1990, Reg. 569 - Reports 3.1 (1) The operator of a laboratory shall report every finding that indicates the presumptive presence of a disease of public health significance to the medical officer of health in the area in which the person who gives rise to the case resides. Unit 10 HPPA -2 55  Duty to Report Communicable Disease Acquired at Facility 29.1 (1) Where a medical officer of health is of the opinion, based on information he or she has received, that a communicable disease may have been acquired through exposure at a health facility, and the communicable disease has not been reported to the medical officer of health by that facility, the medical officer of health may report to the administrator of the health facility both the opinion and the basis on which the medical officer of health has come to the opinion. 2007, c. 10, Sched. F,56 Unit 10 HPPA -2 s. 6.  Duty to Report Communicable Disease Acquired at Facility Definition 29.1 (2) In this section, “health facility” means a hospital to which the Public Hospitals Act applies, a long- term care facility regulated under a statute of Ontario, a psychiatric facility within the meaning of the Mental Health Act, or a person or entity prescribed as a health facility. 2007, c. 10, Sched. F, s. 6. Unit 10 HPPA -2 57 Communicable Disease Outbreak Order (Facilities) Unit 10 HPPA -2 58  Communicable Disease Outbreak Order (Facilities) Orders to deal with communicable disease outbreaks 29.2 (1) Subject to subsection (2), a medical officer of health may make an order requiring a public hospital or an institution to take any actions specified in the order for the purposes of monitoring, investigating and responding to an outbreak of communicable disease at the hospital or institution. 2007, c. 10, Sched. F, s. 6. Unit 10 HPPA -2 59  Communicable Disease Outbreak Order (Facilities) When order may be made 29.2 (2) A medical officer of health may make an order under subsection (1) if he or she is of the opinion, upon reasonable and probable grounds, that an outbreak of a communicable disease exists or may exist at the public hospital or institution, and that the communicable disease presents a risk to the health of persons in the public hospital or institution, and that the measures specified in the order are necessary in order to decrease or eliminate Unit 10 HPPA -2 the risks to health60 associated with the outbreak.  Communicable Disease Outbreak Order (Facilities) Time 29.2 (3) In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the order must be complied with. Person directed (4) An order under this section may be directed to the administrator of the public hospital or the superintendent of the institution, and the administrator or superintendent shall ensure that the actions provided for in the order are taken. Unit 10 HPPA -2 61  Communicable Disease Outbreak Order (Facilities) Reasons for order 29.2 (5) An order under this section is not effective unless the reasons for the order are set out in the order. 2007, c. 10, Sched. F, s. 6. Unit 10 HPPA -2 62  Communicable Disease Outbreak Order (Facilities) Definitions 29.2(6) In this section, “institution” means an institution as defined in subsection 21 (1); “public hospital” means a hospital to which the Public Hospitals Act applies. Unit 10 HPPA -2 63 2007, c. 10, Sched. F, s. 6. Duty to Report Death (Physician/Nurse) Unit 10 HPPA -2 64  Duty to report death - New Duty to report death 30 A physician or registered nurse in the extended class who signs a medical certificate of death in the form prescribed by the regulations under the Vital Statistics Act where the cause of death was a disease of public health significance or a disease of public health significance was a contributing cause of death shall, as soon as possible after signing the certificate, report thereon to the medical officer of health of the health unit in which the death occurred. R.S.O. 1990, c. H.7, s. 30; 2007, c. 10, Sched. Unit 7;-2 2017, c. 25, Sched.65 F,10s.HPPA  R.R.O. 1990, Reg. 569 - Reports 4 A report made under section 30 of the Act shall, with respect to the deceased, contain the following information: 1. Name and address in full. 2. Date of birth in full. 3. Date of death in full. 4. Name and address in full of the physician or registered nurse in the extended class who attended the deceased. Unit 10 HPPA -2 66 Duty of Medical Officer of Health to Report to MOHLT Unit 10 HPPA -2 67  Duty of MOH to Report - New Reports by M.O.H. re diseases 31 (1) Every medical officer of health shall report to the Ministry and the Ontario Agency for Health Protection and Promotion in respect of diseases of public health significance and in respect of deaths from such diseases that occur in the health unit served by the medical officer of health. Reports by M.O.H. re events (2) Every medical officer of health shall report to the Ministry and the Ontario Agency for Health Protection and Promotion within seven days after receiving a report concerning a reportable event under section 38 that occurs in the health unit Unit 10 HPPA -2 served by the 68 medical officer of health.  R.R.O. 1990, Reg. 569 - Reports 6 A medical officer of health who receives a report made under section 25, 26, 27 or 28, subsection 29 (2) or section 30 of the Act or section 5.4 of this Regulation shall immediately forward a copy of the report and any other information that the medical officer of health has in respect of the report to the Ministry and to the Ontario Agency for Health Protection and Promotion in a secure manner. 8 Any report made under the Act that is referred to in this Regulation shall be forwarded to the Ministry and the Ontario Agency for Health Protection and Promotion using the integrated Public Health Information System (iPHIS), or any other method specified by the Ministry Unit 10and the Ontario Agency for 69 HPPA -2 Health Protection and Promotion.  OAHPP - New Definition 31 (3) In this section, “Ontario Agency for Health Protection and Promotion” means the Ontario Agency for Health Protection and Promotion established under section 3 of the Ontario Agency for Health Protection and Promotion Act, 2007. 2017, c. 25, Sched. 3, s. 6. Unit 10 HPPA -2 70  Communication Between Health Units Unit 10 HPPA -2 71  Communication Between Health Units - New Communication between medical officers of health 32 (1) A medical officer of health may transmit to another medical officer of health or to the proper public health official in another jurisdiction any information in respect of a person in relation to whom a report in respect of a disease of public health significance has been made under this Act. R.S.O. 1990, c. H.7, s. 32 (1); 2017, c. 25, Sched.Unit3, s. -21 (3). 10 HPPA 72  Communication Between Health Units Transmittal of report 32 (2) Where the person in respect of whom a report is made under this Part to a medical officer of health does not reside in the health unit served by the medical officer of health, the medical officer of health shall transmit the report to the medical officer of health serving the health unit in which the person resides. Unit 10 HPPA -2 73  Diseases of the eyes Communicable diseases of the eyes 33 (1) Every physician, public health nurse or other health care professional person attending at the birth of a child shall ensure that the requirements prescribed by the regulations in respect of communicable diseases of the eyes of the new-born child are complied with. Health Care Consent Act, 1996 (2) The Health Care Consent Act, 1996 does not apply to the requirements prescribed by the regulations in respect of communicable diseases Unit 10 HPPA -2 74 of the eyes of the new-born child. Physician or Nurse to Report Refusal or Neglect of Treatment Unit 10 HPPA -2 75  Report Refusal to Co- operate 34 (1) Every physician and every registered nurse in the extended class shall report to the medical officer of health the name and residence address of any person who is under the care and treatment of the physician or the nurse in respect of a communicable disease and who refuses or neglects to continue the treatment in a manner and to a degree satisfactory to the physician or the nurse. Unit 10 HPPA -2 76  Report Refusal to Co- operate Report to be made to M.O.H. 34 (2) A report under subsection (1) shall be made to the medical officer of health serving the health unit in which the physician or registered nurse in the extended class provided the care and treatment. Transmittal to M.O.H. where person resides (3) Where the person does not reside in the health unit served by the medical officer of health mentioned in subsection (2), the medical officer of health shall transmit the report to the medical officer of health serving the health unit in which 77 Unit 10 HPPA -2 the person resides.  Report Refusal to Co- operate Additional information 34 (4) A physician or registered nurse in the extended class who makes a report under subsection (1) shall report to the medical officer of health at such times as are prescribed by the regulations any additional information prescribed by the regulations. Unit 10 HPPA -2 78 Court Orders Unit 10 HPPA -2 79  Court Order Application by Medical Officer of Health to Court If virulent disease If person has not complied with MOH’s Order Unit 10 HPPA -2 80  Content of Court Order Person isolate himself Submit to medical examination Place self under medical care Does not expose others Be taken into custody and detained in hospital Be examined Be treated Police assistance Consent to treatment does not apply Unit 10 HPPA -2 81 Order by Ontario Court of Justice - New Order by Ontario Court of Justice 35 (1) Upon application by a medical officer of health, a judge of the Ontario Court of Justice, in the circumstances specified in subsection (2), may make an order specified in subsection (3). R.S.O. 1990, c. H.7, s. 35 (1); 2002, c. 18, Sched. I, s. 9 (1); 2017, c. 25, Sched. 3, s. 7. Unit 10 HPPA -2 82  Order by Ontario Court of Justice When court may make order 35 (2) An order may be made under subsection (3) where a person has failed to comply with an order by a medical officer of health in respect of a communicable disease that is a virulent disease, (a) that the person isolate himself or herself and remain in isolation from other persons; (b) that the person submit to an examination by a physician; (c) that the person place himself or herself under the care and treatment of a physician; or (d) that the personUnit conduct 10 HPPA -2 himself or herself83 in such a manner as not to expose another Order by Ontario Court of Justice Contents of order 35 (3) In an order under this section, the judge may order that the person who has failed to comply with the order of the medical officer of health, (a) be taken into custody and be admitted to and detained in a hospital or other appropriate facility named in the order; (b) be examined by a physician to ascertain whether or not the person is infected with an agent of a virulent disease; and (c) if found on examination to be infected with an agent of a virulent disease, be treated for the disease. Unit 10 HPPA -2 84 Order by Ontario Court of Justice Capability of hospital or facility 35 (4) The judge shall not name a hospital or other facility in an order under this section unless the court is satisfied that the hospital or other facility is able to provide detention, care and treatment for the person who is the subject of the order. 2003, c. 1, s. 15 (3). Unit 10 HPPA -2 85  Order by Ontario Court of Justice Delivery to hospital 35 (5) An order under this section is authority for any person, (a) to locate and apprehend the person who is the subject of the order; (a.1) to enter any place provided for in the order, including a private residence, for the purposes of locating or apprehending the person who is the subject of the order, where the judge is satisfied based on information provided under oath, that there are reasonable and probable grounds to believe that the person will be found in the place; and (b) to deliver the person Unit 10 who HPPA -2 is the subject of the 86 order to the hospital or other facility named in  Order by Ontario Court of Justice To be amended 2018 Police assistance 35 (6) An order under this section may be directed to any police force in Ontario, and the police force shall do all things reasonably able to be done to locate, apprehend and deliver the person in accordance with the order. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 35 (6) of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2018,Unitc.10 3, Sched. HPPA -2 5, s. 24 (2)) 87  Order by Ontario Court of Justice Care and treatment 35 (7) An order under this section is authority to detain the person who is the subject of the order in the hospital or other facility named in the order and to care for and examine the person and to treat the person for the virulent disease in accordance with generally accepted medical practice for a period of not more than six months from and including the day that the order was issued. Unit 10 HPPA -2 88  Order by Ontario Court of Justice Health Care Consent Act, 1996 35 (7.1) The Health Care Consent Act, 1996 does not apply to, (a) an examination of a person to ascertain whether he or she is infected with an agent of a virulent disease, pursuant to an order made under this section; (b) treatment of a person for a virulent disease, pursuant to an order made under this section. 1996, c. 2, s. 67 (3). Unit 10 HPPA -2 89  Order by Ontario Court of Justice Physician responsible 35 (8) The person authorized by the by-laws of the hospital shall designate a physician to have responsibility for the care and treatment of the person named in the order or, where the by-laws do not provide the authorization, the administrator of the hospital or a person delegated by the administrator shall designate a physician to have responsibility for the care and treatment of the person named in the order. 2003, c. 1, s. 15 (6). Unit 10 HPPA -2 90 Order by Ontario Court of Justice Designation of physician 35 (8.1) Where a person who is the subject of an order is detained in a facility other than a hospital, the administrator of the facility shall designate a physician to have responsibility for care and treatment of the person named in the order. 2003, c. 1, s. 15 (6). Unit 10 HPPA -2 91 Order by Ontario Court of Justice Reports 35 (9) The physician responsible for a person under subsection (8) or (8.1) shall report in respect of the care and treatment of the person and their condition to the medical officer of health serving the health unit in which the hospital or other facility is located. (10) The physician shall report in the manner, at the times and with the information specified by the medical officer of health and the medical officer of health may specify the manner and times of reporting and the information Unit 10 HPPA -2 that shall be 92 reported.  Order by Ontario Court of Justice Order to continue detention and treatment 35 (11) Where, upon motion by the medical officer of health serving the health unit in which the hospital or other appropriate facility is located, a judge of the court is satisfied, (a) that the person continues to be infected with an agent of a virulent disease; and (b) that the discharge of the person from the hospital or other appropriate facility would present a significant risk to the health of the public, the judge by order may extend the period of detention and treatment for not more than six months, and upon further motions by the medical officer of health the judge may extend the period of detention and treatment for further periods Unit 10 HPPA each -2 of which shall not93  Order by Ontario Court of Justice Release and discharge from hospital or other facility 35 (12) A person detained in accordance with an order under this section shall be released from detention and discharged from the hospital or other facility upon the certificate of the medical officer of health serving the health unit in which the hospital or other facility is located. R.S.O. 1990, c. H.7, s. 35 (12); 2003, c. 1, s. 15 (8). Unit 10 HPPA -2 94  Order by Ontario Court of Justice Certificate of M.O.H. 35 (13) The medical officer of health shall inform himself or herself as to the treatment and condition of the person and shall issue his or her certificate authorizing the release and discharge of the person as soon as the medical officer of health is of the opinion that the person is no longer infected with an agent of the virulent disease or that the release and discharge of the person will not present a significant risk to the health of members of the public. Unit 10 HPPA -2 95  Order by Ontario Court of Justice Hearing of application or motion 35 (14) An application mentioned in subsection (1) or a motion mentioned in subsection (11) shall be heard in private, but, if the person in respect of whom the application or motion is made requests otherwise by a notice filed with the clerk of the court before the day of the hearing, the judge shall conduct the hearing in public except where, (a) matters involving public security may be disclosed; or (b) the possible disclosure of intimate financial or personal matters outweighs the desirability of holding the hearingUnitin10 public. HPPA -2 96  Order by Ontario Court of Justice Effect on proceeding before Board 35 (15) An application under this section applies to stay a proceeding before or an appeal from a decision or order of the Board in respect of the same matter until the application is disposed of by the judge of the Ontario Court of Justice and where the judge makes an order under this section, no person shall commence or continue a proceeding before or an appeal from a decision or order of the Board in respect of the same matter. R.S.O. 1990, c. H.7, s. 35 (15); 2002, c. 18, Sched. I, s. 9 (2). Unit 10 HPPA -2 97 Order by Ontario Court of Justice Appeal 35 (16) Any party to an application or motion under subsection (1) or (11) may appeal from the decision or order to the Superior Court of Justice. Stay (17) The filing of a notice of appeal does not apply to stay the decision or order appealed from unless a judge of the court to which the appeal is taken soUnit orders. 10 HPPA -2 98 Order by Ontario Court of Justice Appeal to Court of Appeal 35 (18) Any party to the proceeding may appeal from the judgment of the Superior Court of Justice to the Court of Appeal, with leave of a judge of the Court of Appeal on special grounds, upon any question of law alone. Grounds for leave (19) No leave for appeal shall be granted under subsection (18) unless the judge of the Court of Appeal considers that in the particular circumstances of the case it is essential in the public interest or forUnitthe due administration of 99 10 HPPA -2 justice that leave be granted.  Where person withdraws from care and treatment 36 (1) Where a medical officer of health has made an order in respect of a communicable disease that is a virulent disease requiring a person to place himself or herself under the care and treatment of a physician or to take other action specified in the order and the person withdraws from the care and treatment or fails to continue the specified action, section 35 applies with necessary modifications and for the purpose, the person shall be deemed to have failed to comply with an order of the100 Unit 10 HPPA -2 medical officer of health.  Court Order – Communicable Disease 36 (2) Where a person who is infected with an agent of a communicable disease has failed to comply with an order by a medical officer of health that the person isolate himself or herself and remain in isolation from other persons, section 35 applies with necessary modifications. Unit 10 HPPA -2 101 Persons Under Detention Unit 10 HPPA -2 102  Examination of Person under Detention To be amended 2018 37 (1) A physician or registered nurse in the extended class who provides medical services in a correctional institution, a place of secure custody, a detention facility or a place of temporary detention and who is of the opinion that a person detained therein is infected or may be infected with an agent of a communicable disease shall notify forthwith the medical officer of health of the health unit in which the institution is located. Note: On a day to be named by proclamation of the Lieutenant Governor,Unit subsection 10 HPPA -2 37 (1) of the Act is 103 amended by striking out “a detention facility”. (See:  Examination of Person under Detention To be amended 2018 37 (2) A medical officer of health by order may require the superintendent of a correctional institution, a place of secure custody, a detention facility or a place of temporary detention located in the health unit served by the medical officer of health to take such action as is specified in the order to prevent the infection of others by a person who is detained in the correctional institution, place of secure custody, detention facility or place of temporary detention and whoUnithas 10 HPPAbeen -2 examined and 104 found to be infected with an agent of a  To be amended 2018 “Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 37 (2) of the Act is repealed and the following substituted: (See: 2018, c. 3, Sched. 5, s. 24 (4))” … same wording but with “detention facility” removed. Unit 10 HPPA -2 105  Examination of Person under Detention To be amended 2018 Definitions 37 (3) In this section, “correctional institution” has the same meaning as in the Ministry of Correctional Services Act; Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “correctional institution” in subsection 37 (3) of the Act is amended by striking out “Ministry of Correctional Services Act” at the end and substituting “Correctional Services and Reintegration Act, 2018”. Unit (See: 2018, 10 HPPA -2 c. 6, Sched. 3, s. 10 106 (2))  Examination of Person under Detention To be repealed “detention facility” has the same meaning as in section 16.1 of the Police Services Act; Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “detention facility” in subsection 37 (3) of the Act is repealed. (See: 2018, c. 3, Sched. 5, s. 24 (5)) Unit 10 HPPA -2 107  Examination of Person under Detention “place of secure custody” means a place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise “place of temporary detention” means a place or facility designated as a place of temporary detention under the Youth Criminal Justice Act (Canada). Unit 10 HPPA -2 108 Immunization Unit 10 HPPA -2 109  Immunization - New 38 (1) In this section, “immunizing agent” means a vaccine or combination of vaccines administered for immunization against any disease specified in this Act or the regulations; Unit 10 HPPA -2 110  Immunization “reportable event” means, (a) persistent crying or screaming, anaphylaxis or anaphylactic shock occurring within forty-eight hours after the administration of an immunizing agent, (b) shock-like collapse, high fever or convulsions occurring within three days after the administration of an immunizing agent, (c) arthritis occurring within forty-two days after the administration of an immunizing agent, (d) generalized urticaria, residual seizure disorder, encephalopathy, encephalitis or any other significant occurrence occurring within fifteen days after the administration of an immunizing agent, or (e) death occurring at any Unit 10time HPPA -2 and following upon 111 a symptom described in clause (a), (b), (c) or (d).  Immunization Duty to inform 38 (2) If consent to the administration of an immunizing agent has been given in accordance with the Health Care Consent Act, 1996, the physician or other person authorized to administer the immunizing agent shall cause the consenting person to be informed of the importance of immediately reporting to a physician or a registered nurse in the extended class any reaction that might be a reportable event. Unit 10 HPPA -2 112  Immunization Duty to report reactions 38 (3) A physician, a member of the College of Nurses of Ontario or a member of the Ontario College of Pharmacists who, while providing professional services to a person, recognizes the presence of a reportable event and forms the opinion that it may be related to the administration of an immunizing agent shall, within seven days after recognizing the reportable event, report thereon to the medical officer of health of the health unit where the professional services are provided. Unit 10 HPPA -2 113  Immunization Idem 38 (4) A medical officer of health who receives a report under subsection (3) concerning a person who resides in another health unit shall transmit the report to the medical officer of health serving the health unit in which the person resides. Unit 10 HPPA -2 114  R.R.O. 1990, Reg. 569 - Reports 7 (2) A medical officer of health who receives a report under subsection 38 (3) of the Act shall report to the Ministry in respect of the adverse event report. Unit 10 HPPA -2 115 Confidentiality Unit 10 HPPA -2 116  Confidentiality - New Confidentiality 39 (1) No person shall disclose to any other person the name of or any other information that will or is likely to identify a person in respect of whom an application, order, certificate or report is made in respect of a communicable disease, a disease of public health significance, a virulent disease or a reportable event following the administration of an immunizing agent.UnitR.S.O. 10 HPPA -2 1990, c. H.7, s. 117  Confidentiality Exceptions 39 (2) Subsection (1) does not apply, (0.a) where the disclosure is authorized under this Act or the Personal Health Information Protection Act, 2004; (a) in respect of an application by a medical officer of health to the Ontario Court of Justice that is heard in public at the request of the person who is the subject of the application; (b) where the disclosure is made with the consent of the person in respect of whom the application, order, certificate or report is made; (c) where the disclosure is made for the purposes of public Unit health 10 HPPA -2 administration; 118  Confidentiality c) in connection with the administration of or a proceeding under this Act, the Regulated Health Professions Act, 1991, a health profession Act as defined in subsection 1 (1) of that Act, the Public Hospitals Act, the Health Insurance Act, the Canada Health Act or the Criminal Code (Canada), or regulations made thereunder; or (e) to prevent the reporting of information under section 125 of the Child, Youth and Family Services Act, 2017 in respect of a child who is or may be in need of protection. Unit 10 HPPA -2 119 Drugs for STIs Unit 10 HPPA -2 120  Supply of drugs, etc., by unqualified person prohibited 40 (1) No person other than a physician or a registered nurse in the extended class shall attend upon, prescribe for or supply or offer to supply a drug, medicine, appliance or treatment to or for another person for the purpose of alleviating or curing a sexually transmitted disease. Exception re pharmacist (2) Subsection (1) does not apply to a member of the Ontario College of Pharmacists who dispenses to a person Unit 10upon HPPA -2 a written 121 prescription signed by a physician or who sells to  Part V Rights of Entry and Appeals Unit 10 HPPA -2 122  Part V – Rights of Entry and Appeals Powers to enter premises for the purpose of the HPPA Appealing Orders of PHI or Medical Officer of Health Unit 10 HPPA -2 123  Rights of Entry Who has the power to enter: 1. Minister’s inspector (not a PHI), rare 2. Medical Officer of Health 3. PHI 4. Anyone working under a Direction Unit 10 HPPA -2 124  Rights of Entry Reasons for Entry: 1. Purpose of Act 2. Enforcement of Act or Regs 3. Exercise of a duty or power under Act or Regs 4. Carrying out of a Direction Unit 10 HPPA -2 125  Rights of Entry Powers Upon Entry 1. Access to or through premises 2. Make examinations, investigations, tests and inquiries 3. Copies, samples or extracts 4. At reasonable times 5. Not a private residence without consent or warrant Unit 10 HPPA -2 126  Rights of entry and powers of inspection Interpretation, persons 41 (1) The persons referred to in subsections (3) to (5) and (8), (10) and (11) are the following: 1. An inspector appointed by the Minister. 2. A medical officer of health. 3. A public health inspector. 4. A person acting under a direction given by a medical officer of health. Unit 10 HPPA -2 127  Rights of entry and powers of inspection Interpretation, purposes 41 (2) The purposes mentioned in subsections (3) to (5) and (11) are the following: 1. The purpose of this Act. 2. The enforcement of any section of this Act or the regulations. 3. The exercise of a power or the carrying out of a duty under this Act or the regulations. 4. The carrying outUnitof a direction 10 HPPA -2 given 128 under this Act.  Rights of entry and powers of inspection Entry 41 (3) A person mentioned in subsection (1) may enter and have access to, through and over any premises for a purpose mentioned in subsection (2). Examinations (4) A person mentioned in subsection (1) may make examinations, investigations, tests and inquiries for a purpose mentioned in subsection (2). Unit 10 HPPA -2 129  Rights of entry and powers of inspection Samples or extracts 41 (5) A person mentioned in subsection (1) may make, take and remove or require the making, taking and removal of copies, samples or extracts related to an examination, investigation, test or inquiry for a purpose mentioned in subsection (2). Reasonable times 41 (6) The authority under subsections (3) to (5) shall be exercised only at reasonable times. Private residence 41 (7) Subsection (3) is not authority to enter a room actually used as a dwelling without the consent of the occupier. Unit 10 HPPA -2 130  Rights of entry and powers of inspection Operator to cease operation 41 (8) A person mentioned in subsection (1) may require an operator of a food premise or a small drinking water system to cease the operation of, to dismantle or to excavate, or to do any combination of them on, any equipment on, in or forming part of the food premise or small drinking water system for the purpose of an examination, investigation, test or inquiry. 2007, c. 10, Sched. D, s. 1 (6). Compliance with requirement (9) An operator of a food premise or small drinking water system shall comply promptly with a requirement under subsection Unit 10 HPPA -2 (8). 2007, c. 10, 131  Rights of entry and powers of inspection Copies 41 (10) A copy of any written or recorded material related to an examination, investigation, test or inquiry and purporting to be certified by a person mentioned in subsection (1) is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original. Unit 10 HPPA -2 132  Rights of Entry Charter Override: Recent decision of courts: If an Inspector believes an offence has occurred, the Inspector’s powers for routine inspections, etc. cannot apply and the Inspector must get a warrant to continue to collect evidence. This Charter issue is in addition to s.41(11) Unit 10 HPPA -2 133  Rights of entry and powers of inspection Application for warrant 41 (11) If an occupier of premises, (a) denies entry or access to, through or over the premises to a person mentioned in subsection (1); (b) instructs a person mentioned in subsection (1) to leave the premises; (c) obstructs a person mentioned in subsection (1) who is acting for a purpose mentioned in subsection (2); (d) refuses to comply with a request for the production of any thing or any plant or animal the production of which is requested for the purpose of an examination, investigation, test or inquiry or for a purpose mentioned in subsection (2), a person mentioned in subsection (1) may apply to a justice of the peace for a warrant under section 43.134 Unit 10 HPPA -2  Obstruction Where the Inspector has power to enter and conduct enquiries, anyone interfering can be charged with obstruction. Obstruction 42 (1) No person shall hinder or obstruct an inspector appointed by the Minister, a medical officer of health, a public health inspector or a person acting under a direction of a medical officer of health lawfully carrying out a power, duty or direction under this Act. Private residence (2) A refusal of consent to enter a room actually used as a dwelling is not and shall not be deemed to be hindering or obstructing within Unit 10 HPPA -2 the meaning of 135 subsection (1).  Rights of Entry Where there is refusal to permit entry or obstruction, the Inspector, etc. can obtain a warrant from a JP, provided proof is shown of the refusal or non-cooperation. Warrant may authorize use of force via police officers. Unit 10 HPPA -2 136  Warrant by justice of the peace 43 (1) Where a justice of the peace is satisfied on evidence upon oath, (a) that there is reasonable and probable ground for believing that it is necessary, (i) to enter and have access to, through and over any premises, (ii) to make examinations, investigations, tests and inquiries, and (iii) to make, take and remove samples, copies or extracts related to an examination, investigation, test or inquiry, or to do any of such things, for the purpose of this Act, the enforcement of any section of this Act or the regulations, the exerciseUnit of10aHPPA power -2 or the carrying out 137 of a duty under this Act or the regulations or the carrying  Warrant by justice of the peace (b) that an inspector appointed by the Minister, a medical officer of health, a public health inspector or a person acting under a direction given by a medical officer of health, (i) has been denied entry to the premises, (ii) has been instructed to leave the premises, (iii) has been obstructed, or (iv) has been refused production of any thing or any plant or animal related to an examination, investigation, test or inquiry, by the occupier of the Unit 10premises, HPPA -2 138  Warrant by justice of the peace the justice of the peace may issue a warrant in the form prescribed by the regulations authorizing an inspector appointed by the Minister, a medical officer of health, a public health inspector and any person who is acting under a direction given by a medical officer of health, or any of them, to act as mentioned in clause (a) in respect of the premises specified in the warrant, by force if necessary, together with such police officer or officers as they call upon to assist them. Unit 10 HPPA -2 139  Warrant by justice of the peace Execution of warrant 43 (2) A warrant issued under this section shall be executed at reasonable times as specified in the warrant. Expiry of warrant (3) A warrant issued under this section shall state the date on which it expires, which shall be a date not later than fifteen days after the warrant is issued. Application without notice (4) A justice of the peace may receive and consider an application for a warrant under this section without notice to and in the absence of the owner or the occupier of the premises. Unit 10 HPPA -2 140  Appeals to Health Services and Appeals Review Board (HSARB) Unit 10 HPPA -2 141  Appeals An Order must give notice of the right to appeal 15 days to appeal Order Appeal to the Health Services Appeal and Review Board Can appeal Board’s decision to the courts Unit 10 HPPA -2 142  Appeals Right to hearing 44 (1) An order by a medical officer of health or a public health inspector under this Act shall inform the person to whom it is directed that the person is entitled to a hearing by the Board if the person mails or delivers to the medical officer of health or public health inspector, as the case requires, and to the Board, within fifteen days after a copy of the order is served on the person, notice in writing requiring a hearing and the person may also require such a hearing. Unit 10 HPPA -2 143  Appeals Oral order 44 (2) An oral order or an order directed to a person described but not named in the order need not contain the information specified in subsection (1) but a person to whom the order is directed may require a hearing by the Board by giving the notices specified in subsection (1) within fifteen days after the day the person first knows or ought to know the contents of the order. Unit 10 HPPA -2 144  Appeals Effect of order 44 (3) Although a hearing is required in accordance with this Part, an order under this Act takes effect, (a) when it is served on the person to whom it is directed; or (b) in the case of an oral order or an order directed to a person described but not named in the order, when the person to whom it is directed first knows or ought to know the contents of the order, but the Board, upon application with notice, may grant a stay until the proceedings Unit 10 HPPA -2 before the 145  Appeals Powers of Board 44 (4) Where the person to whom an order is directed requires a hearing by the Board in accordance with subsection (1) or (2), the Board shall appoint a time and place for and hold the hearing and the Board may by order confirm, alter or rescind the order and for such purposes the Board may substitute its findings for that of the medical officer of health or public health inspector who made the order. R.S.O. 1990, c. H.7, s. 44 (4); 1997, c. 30, Sched. D, s. 6. Unit 10 HPPA -2 146  Appeals Time for hearing 44 (5) The Board shall hold a hearing under this section within fifteen days after receipt by the Board of the notice in writing requiring the hearing and the Board may, from time to time, at the request or with the consent of the person requiring the hearing, extend the time for holding the hearing for such period or periods of time as the Board considers just. Unit 10 HPPA -2 147  Appeals Extension of time for hearing 44 (6) The Board may extend the time for the giving of notice requiring a hearing under this section by the person to whom the order of the medical officer of health or public health inspector is directed either before or after the expiration of such time where it is satisfied that there are apparent grounds for granting relief to the person following upon a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension. Unit 10 HPPA -2 148  Appeals Parties and evidence 45 (1) The medical officer of health or public health inspector who made the order, the person who has required the hearing and such other persons as the Board may specify are parties to the proceedings before the Board. Unit 10 HPPA -2 149  Appeals Examination of documentary evidence 45 (2) Any party to the proceedings before the Board shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. Unit 10 HPPA -2 150  Appeals Members holding hearing not to have taken part in investigation, etc. 45 (3) Members of the Board holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or representative of the party except upon notice to and opportunity for all parties to participate, but the Board may seek legal advice from an advisor independent from the parties and in such case the nature of the advice shall be made known to the Unitparties 10 HPPA -2 in order that they 151 may make submissions as to the law.  Appeals Recording of evidence 45 (4) The oral evidence taken before the Board at a hearing shall be recorded and, if so required, copies or a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice. (5) Repealed: 1998, c. 18, Sched. G, s. 55 (7). Release of documentary evidence (6) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Board withinUnita10reasonable HPPA -2 time after the 152 matter in issue has been finally determined. Appeal to Court Unit 10 HPPA -2 153  Appeal to Court 46 (1) Any party to the proceedings before the Board under this Act may appeal from its decision or order to the Divisional Court in accordance with the rules of court. Stay of order (2) Where an appeal is taken under subsection (1) in respect of an order that was stayed by the Board, a judge of the Superior Court of Justice upon application may grant a further stay until the appeal is disposed of. R.S.O. 1990, c. H.7, s. 46 (2); 2002, c. 18, Sched. I, s. 9 (7). Unit 10 HPPA -2 154  Appeal to Court Record to be filed in court 46 (3) Where any party appeals from a decision or order of the Board, the Board shall forthwith file with the Divisional Court the record of the proceedings before it in which the decision was made, which, together with the transcript of evidence if it is not part of the Board’s record, shall constitute the record in the appeal. Minister entitled to be heard (4) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. Unit 10 HPPA -2 155  Appeal to Court Powers of court on appeal 46 (5) An appeal under this section may be made on questions of law or fact or both and the court may confirm, alter or rescind the decision of the Board and may exercise all powers of the Board to confirm, alter or rescind the order as the court considers proper, or the court may refer the matter back to the Board for rehearing, in whole or in part, in accordance with such directions as the court considers proper. R.S.O. 1990, c. H.7, s. 46 (5). Unit 10 HPPA -2 156  PART IX ENFORCEMENT Offence, orders 100 (1) Any person who fails to obey an order made under this Act is guilty of an offence. R.S.O. 1990, c. H.7, s. 100 (1). Offence, specified provisions 100 (3) Any person who contravenes section 16, 17, 18, 18.1, 20, 39 or 40, subsection 41 (9), 42 (1), 72 (5), (7) or (8), clause 77.1 (3) (b), subsection 77.3 (3) or 77.5 (6), section 77.7, subsection 77.9 (3), 82 (13), (14), (15), (16) or (17), 83 (3) or 84 (2) or section 105 is guilty of an offence. Offence, regulations 100 (4) Any person whoUnit contravenes 10 HPPA -2 a regulation is 157 guilty of an offence.  Enforcement Penalty 101 (1) Every person who is guilty of an offence under this Act is liable on conviction to a fine of not more than $5,000 for every day or part of a day on which the offence occurs or continues. R.S.O. 1990, c. H.7, s. 101 (1). Corporation 101 (2) Where a board of health, a municipality or any other corporation is convicted of an offence under this Act, the maximum penalty that may be imposed for every day or part of a day on which the offence occurs or continues is $25,000 and not as provided in subsection Unit (1). 10 HPPA -2 158  Enforcement Directors, officers, employees and agents 101 (3) Where a corporation, other than a board of health or a municipality, is convicted of an offence under this Act, (a) each director of the corporation; and (b) each officer, employee or agent of the corporation who was in whole or in part responsible for the conduct of that part of the business of the corporation that gave rise to the offence, is guilty of an offence unless he or she satisfies the court that he or she took all reasonable care to prevent the commission of the offence. Unit 10 HPPA -2 159  Court Orders Proceedings to prohibit continuation or repetition of contravention 102(2) Where any provision of this Act or the regulations is contravened, despite any other remedy or any penalty imposed, the Minister or the Chief Medical Officer of Health may apply to a judge of the Superior Court of Justice for an order, 160  Court Orders (a) prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the judge, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention; and (b) requiring the person committing the contravention to take any action that is, in the opinion of the judge, necessary or advisable for the purpose of reducing the likelihood of a continuation or repetition of the contravention. 2007, c. 10, Sched. F, s. 21. 161