Health Law ENH 121 Unit 9 - HPPA 1 PDF 2024

Health Law ENH 121 Unit 9 – HPPA -1 Daniel Huynh BASc School of Occupational and Public Health Toronto Metropolitan University From slides by Dr. Peter Strahlendorf 2024 Unit 9 HPPA -1 1 Health Protection and Pr...

Health Law ENH 121 Unit 9 – HPPA -1 Daniel Huynh BASc School of Occupational and Public Health Toronto Metropolitan University From slides by Dr. Peter Strahlendorf 2024 Unit 9 HPPA -1 1 Health Protection and Promotion Act R.S.O. 1990, Chapter H.7 (Parts 1-3) Act revised to September 2023 Unit 9 HPPA -1 2  Main Changes, 2009, c.33 Health Protection and Promotion Act The Act was amended with respect to the Chief Medical Officer of Health’s powers in relation to personal information and personal health information. The Act was also amended to specify when class orders are deemed to be made under section 106. Ministry of Health Appeal and Review Boards Act, 1998 The Act was amended by repealing the short title and substituting the Ministry of Health and Long-Term Care Appeal and Review Boards Unit 9 HPPA -1 3 Act, 1998. Various Acts are amended to reflect  Unit 9 - Contents History/Purpose/Scope Health Units, Boards of Health, MOH, PHI Part I - Definitions Part II - Programs and Services – Programs – Public Health Standards Part III - Community Health Protection – Section 13 Order / Section 14 Direction – Duties – Seizure Power Unit 9 HPPA -1 4  HPPA: History Formerly the “Public Health Act” PHI involvement in OHS “Nuisance” versus “Health Hazard” 1983 new HPPA passed Few amendments over 20 years Unit 9 HPPA -1 5  HPPA: Structure I Interpretation (Definitions) II Health Programs and Services III Community Health Protection IV Communicable Diseases V Rights of Entry and Appeals from Orders VI Health Units and Boards of Health VII Administration VIII Regulations IX Enforcement Unit 9 HPPA -1 6 X Transition  Purpose Section 2: The purpose of this Act is to provide for the organization and delivery of public health programs and services, the prevention of the spread of disease and the promotion and protection of the health of the people of Ontario. Unit 9 HPPA -1 7  Purpose Not about an individual’s personal health problems. Must be a relatively significant portion of the public affected or potentially affected. – E.g. person with allergies complaining about the air quality in his apartment building – not the “public’s health”. Unit 9 HPPA -1 8  Jurisdiction Constitutional: Public health is an “amorphous topic” – both federal and provincial Both federal and provincial laws on food safety, water quality, quarantine etc. “Paramountcy doctrine” – if both levels pass laws that conflict, the federal takes priority. Unit 9 HPPA -1 9  Provincial Jurisdiction Constitution Act, section 92: 1. Municipal institutions 2. Shop, saloon, tavern… other licenses 3. Local works and undertakings 4. Property and civil rights 5. Matters merely local or private Unit 9 HPPA -1 10  Administrative Jurisdiction Ministry of Health and Long Term Care responsible for the HPPA Ministry of Labour responsible for OHSA Ministry of Environment and Climate Change responsible for EPA, OWRA Unit 9 HPPA -1 11  What is Public Health: General Rule If it’s a public place and/or portion of the public, it’s HPPA Overlap with MOL where intermingling with workers Overlap with MOE where hazard is outside of built structures Unit 9 HPPA -1 12  Peculiarity OHSA Inspectors employees of MOL EPA Inspectors employees of MOE PHI’s, Local Medical Officer of Health (MOH) and PHN’s employees of local board of health (But Chief Medical Officer of Health and public health officials in northern Ontario employees of MOHLTC) – Current CMOH: Dr. Kieran Moore (since 2021) Unit 9 HPPA -1 13  Boards of Health Southern Ontario geographically divided in local health units, each with a board of health, headed up by a local Medical Officer of Health (“CEO”) Jurisdiction over health hazards in health unit, not outside, unless emergency Boards of health get guidance from the MOHLTC regarding health programs. Unit 9 HPPA -1 14 Unit 9 HPPA -1 15  Boards of Health Who sits on the boards of health: Municipal members MOHLTC appointed members Possibly local band council members for native reserves Differ in their emphasis given local control (e.g. rural versus urban Boards) But all must deliver the mandatory health programs required by the MOHLTC Unit 9 HPPA -1 16  PART I: Definitions 1 (1) In this Act, “Board” means the Health Services Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; “board of health” means a board of health established or continued under this Act and includes, (a) the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo and York and the County of Oxford, (b) a single-tier municipality that, under the Act establishing or continuing it, has the powers, rights and duties of a local board of health or a board of health established Unit 9 HPPA -1 under this Act, and 17 (c) an agency, board or organization prescribed by  Definitions “Chief Medical Officer of Health” means the Chief Medical Officer of Health under this Act; “communicable disease” means a disease specified as a communicable disease by regulation made by the Minister; “disease of public health significance” means a disease designated as a disease of public health significance by regulation made by the Minister; “dwelling unit” means real property used or designed for use as a home or as a place in which one or more persons may sleep; Unit 9 HPPA -1 18  Definitions “food” means food or drink for human consumption, and includes an ingredient of food or drink for human consumption; “food premise” means a premises where food or milk is manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale, but does not include a room actually used as a dwelling in a private residence; Unit 9 HPPA -1 19  “Health Hazard” Health hazard means, (a) a condition of a premises, (b) a substance, thing, plant or animal other than man, or (c) a solid, liquid, gas or combination of any of them, that has or that is likely to have an adverse effect on the health of any person Unit 9 HPPA -1 20  “Health Hazard” Most Orders are contingent on there being a “health hazard”. Very slippery definition with many subtleties. Oddly, no general duty clause incorporating “health hazard”. Unit 9 HPPA -1 21  “Health Hazard” Health hazard means a condition of a premises, that has or that is likely to have an adverse effect on the health of any person Question: - Does this mean jurisdiction over “public safety”? - Possibly “yes” – Orders have been upheld that applied solely to “safety” and not “health” - “Health” can have a broad meaning that includes “safety” Unit 9 HPPA -1 22  “Health Hazard” Health hazard means a substance, thing, plant or animal other than man, that has or that is likely to have an adverse effect on the health of any person Question: - The homeless person or student or patient with the disease is not a “health hazard”, but the microorganism is. - Chemicals, conditions, objects, microorganisms, rabid dogs….. Unit 9 HPPA -1 23  “Health Hazard” Health hazard means, a solid, liquid, gas or combination of any of them, that has or that is likely to have an adverse effect on the health of any person Question: - Are forms of matter covered? - Why not forms of energy? … as found in EPA definition - Possibly under “condition of premises” Unit 9 HPPA -1 24  “Health Hazard” - How Likely? “Likely to have an adverse effect on the health of any person” “Likely” = greater than 50% chance? One case says “yes” “Any person” = any person of a section of the population, not just “one person” Unit 9 HPPA -1 25  Definitions “health unit” means an area that, by or under any Act, is the area of jurisdiction of a board of health; “mandatory”, in relation to a health program or service, means a health program or service mentioned in section 5; “medical officer of health” means a medical officer of health of a board of health; “milk” means milkUnitfrom 9 HPPA -1cows, goats or 26 sheep;  Definitions “Minister” means Minister of Health and Long-Term Care; “Ministry” means Minister of Health and Long-Term Care; Unit 9 HPPA -1 27  Definitions “municipal member”, in relation to a board of health, means a person appointed to the board of health by the council of a municipality; “obligated municipality” means, in relation to a health unit, any upper-tier municipality or single-tier municipality that is situated, in whole or in part, in the area that comprises the health unit; Unit 9 HPPA -1 28  “Occupier” Occupier includes, (a) a person who is in physical possession of premises, (b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, or (c) a person for the time being receiving the rent of premises, whether as principal or as agent or trustee for another person, or who would so receive the rent if the premises were let, or who is responsible for the payment of municipal taxes, Unit 9 HPPA -1 29 although there is more than one occupier of the  Definitions “operator”, in relation to a food premise and small drinking water system, means a person who has responsibility for and control over an activity carried on at the food premise or the small drinking water system, although there is more than one operator of the same food premise or small drinking water system; Unit 9 HPPA -1 30  Definitions “person” includes a board of health, a municipality and any other corporation; “personal service setting” means a premises at which personal services are offered where there is a risk of exposure to blood or body fluids and includes premises at which hairdressing and barbering, tattooing, body piercing, nail services, electrolysis and other aesthetic services are offered “physician” means a legally qualified Unit 9 HPPA -1 31 medical practitioner;  “Premises” premises means lands and structures, or either of them, and includes, (a) water, (b) ships and vessels, (c) trailers and portable structures designed or used for residence, business or shelter, (d) trains, railway cars, vehicles and aircraft; Unit 9 HPPA -1 32 “Premises” - Question? Portable classrooms? Hot dog stands? Tents? Constitutional problem with railways, ships and airplanes – provincial laws can apply within “federal enclaves”, as long as the essential federal activity is not jeopardized. Unit 9 HPPA -1 33  Definitions “public health inspector” means a public health inspector of a board of health; “public health nurse” means a public health nurse of a board of health; “public health standard” means a standard published by the Minister under section 7 Unit 9 HPPA -1 34  “Public Pool” “public pool” means a structure, basin, chamber or tank containing or intended to contain an artificial body of water for swimming, water sport, water recreation or entertainment, but does not include, (a) one that is located on a private residential property under the control of the owner or occupant and that is limited to use for swimming or bathing by the owner or occupant, members of their family and their visitors, or (b) one that is used solely for commercial display and demonstration purposes; Unit 9 HPPA -1 35  Definitions “regulations” means regulations made under this Act; “reportable disease” means a disease specified as a reportable disease by regulation made by the Minister; “residential building” means a structure that contains one or more dwelling units; “sanitary facilities” means a room or rooms containing one or more toilets and one or more washbasins; Unit 9 HPPA -1 36  “School” “school” means a "private school" and a "school" as defined in the Education Act; “school board” means a board as defined in the Education Act Unit 9 HPPA -1 37  Definitions “sexually transmitted disease” means a disease caused by an infectious agent usually transmitted during sexual contact; “small drinking water system” means a small drinking water system as specified by regulation; Unit 9 HPPA -1 38  Diseases 1. Disease of public health significance (formerly “reportable disease”) 2. Communicable disease 3. Virulent disease Unit 9 HPPA -1 39  “Disease of Public Health Significance” “disease of public health significance” means a disease designated as a disease of public health significance by regulation made by the Minister; Designation of Diseases O. Reg. 432/01 Amended to O. Reg. 135/18 1. For the purposes of the Act, a disease set out in Column 1 of the Table is designated as a disease of public health significance … Unit 9 HPPA -1 40  “Communicable Diseases” “communicable disease” means a disease specified as a communicable disease by regulation made by the Minister There are 2 Communicable Diseases Regs: Communicable Diseases – General, R.R.O. 1990, Regulation 557, Last amendment: O. Reg. 68/23. Designation of Diseases - O. Reg. 135/18, Last amendment: Unit 9 HPPA -1 O. Reg 171/2341  “Communicable Diseases” Designation of Diseases - O. Reg. 135/18, Last amendment: O. Reg 171/23 1 For the purposes of the Act, a disease set out in Column 1 of the Table is designated as a disease of public health significance and, (a) a communicable disease, if it is identified as such in Column 2 of the Table; Unit 9 HPPA -1 42 Unit 9 HPPA -1 43 Unit 9 HPPA -1 44  “Virulent Diseases” “Virulent disease” means a disease designated as a virulent disease by regulation made by the Minister. - Cholera - Plague - Diphtheria - Smallpox/ - Gonorrhoea monkeypox - Hemorrhagic - Syphilis fever - Tuberculosis - Leprosy Unit 9 HPPA -1 45  Back to HPPA: Closing of premises 1 (2) An order under this Act that requires the closing of premises is an order, (a) to shut the premises so as to prevent entrance or access to the premises by any person; and (b) to suspend the operation of any enterprise or activity on or in the premises, except by such persons or for such purposes as are specified in the order. Unit 9 HPPA -1 46  Act binds Crown 3 This Act binds the Crown. Unit 9 HPPA -1 47  PART II HEALTH PROGRAMS AND SERVICES Unit 9 HPPA -1 48  Part II - Programs Every Board of Health must provide the programs and services the MOHLTC requires Act lists some programs; Others contained in an MOHLTC “Public Health Standards” A Board may develop any other program it wants beyond the required ones Some listed programs relevant to schools: - Immunization services to children; Oral hygiene and fluoride therapy programs to school children; Preschool and school health services; Nutrition services; Public health education, lifestyle diseases Unit 9 HPPA -1 49  Programs - Duty of board of health 4 Every board of health, (a) shall superintend, provide or ensure the provision of the health programs and services required by this Act and the regulations to the persons who reside in the health unit served by the board; and (b) shall perform such other functions as are required by or under this or any other Act. Unit 9 HPPA -1 50  Mandatory health programs and services 5 Every board of health shall superintend, provide or ensure the provision of health programs and services in the following areas: 1. Community sanitation, to ensure the maintenance of sanitary conditions and the prevention or elimination of health hazards. 1.1 The provision of safe drinking water by small drinking-water systems. Unit 9 HPPA -1 51  Mandatory health programs and services 2. Control of infectious diseases and diseases of public health significance, including provision of immunization services to children and adults. 3. Health promotion, health protection and disease and injury prevention, including the prevention and control of cardiovascular disease, cancer, AIDS and other diseases. Unit 9 HPPA -1 52  Mandatory health programs and services 4. Family health, including, i. counselling services, ii. family planning services iii. health services to infants, pregnant women in high risk health categories and the elderly, iv. preschool and school health services, including dental services, v. screening programs to reduce the morbidity and mortality of disease, vi. tobacco use prevention programs, and vii. nutrition Unit services. 9 HPPA -1 53  Mandatory health programs and services 4.1 Collection and analysis of epidemiological data. 4.2 Such additional health programs and services as are prescribed by the regulations. Unit 9 HPPA -1 54  Part II - Programs School pupils 6 (1) Every board of health shall provide such of the health programs and services as are prescribed by the regulations for the purposes of this section to the pupils attending schools within the health unit served by the board of health. (2) Subsection (1) does not apply in respect of pupils attending a school unless the person or organization that operates the school has agreed to the provision of the particular health program or service to the pupils attending the Unit 9school. HPPA -1 55  Part II - Programs Application of subs. (1) 6 (3) Subsection (1) applies only in respect of the classifications of pupils prescribed by the regulations in respect of a health program or service. Unit 9 HPPA -1 56  Part II - Programs Prohibition 6 (4) Where a board of health is required by this Act or the regulations, on request of a person or organization that operates a school, to provide or ensure the provision of a health program or service, no person or organization that operates a school in the health unit served by the board of health shall provide or ensure the provision of the health program or service to a pupil in the school without the approval of the medical officer of Unit 9 HPPA -1 57 health for the health unit.  Part II - Programs Separate school rights preserved 6 (5) Subsections (1) to (4) shall not be construed to adversely affect any right or privilege respecting separate schools enjoyed by separate school boards or their supporters under the Constitution Act, 1867 and the Education Act. Unit 9 HPPA -1 58  MHLTC Public Health Standards Public health standards 7 (1) The Minister may publish public health standards for the provision of mandatory health programs and services and every board of health shall comply with them. Idem (2) Public health standards shall be transmitted to each board of health and shall be available for public inspection in the Ministry. Unit 9 HPPA -1 59  MHLTC Public Health Standards Not regulations 7 (3) A public health standard is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. R.S.O. 1990, c. H.7, s. 7 (3); 2006, c. 21, Sched. F, s. 136 (1). Conflict (4) In the event of conflict between a regulation and a public health standard, the regulation prevails. R.S.O. 1990, c. H.7, s. 7 (4). Unit 9 HPPA -1 60  MHLTC Public Health Standards Adoption of codes 7 (5) A public health standard may adopt by reference, in whole or in part, with such changes as are specified in the public health standard, any code, formula, protocol or procedure and may require compliance with the code, formula, protocol or procedure so adopted. 2007, c. 10, Sched. D, s. 1 (4). Unit 9 HPPA -1 61  MHLTC Public Health Standards Rolling incorporation 7 (6) If a public health standard under subsection (5) so provides, a code, formula, protocol or procedure adopted by reference shall be a reference to it as amended from time to time and whether the amendment was made before or after the public health standard was made. When effective (7) The adoption of an amendment to a code, formula, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment and transmitting the notice to each board of health. Unit 9 HPPA -1 62  MHLTC Public Health Standards http://www.health.gov.on.ca/en/pro/ programs/publichealth/ oph_standards/ Ontario Public Health Standards - Protocols - Guidelines - Reference Documents Unit 9 HPPA -1 63 Extent of programs and services 8 A board of health is not required by this Part to provide or ensure the provision of a mandatory health program or service referred to in this Part except to the extent and under the conditions prescribed by the regulations and the public health standards. R.S.O. 1990, c. H.7, s. 8. Unit 9 HPPA -1 64 Optional health programs and services 9 A board of health may provide any other health program or service in any area in the health unit served by the board of health if, (a) the board of health is of the opinion that the health program or service is necessary or desirable, having regard to the needs of persons in the area; and (b) the councils of the municipalities in the area approve of the provision of the health program or service. R.S.O. 1990, c. H.7, s. 9. Unit 9 HPPA -1 65  PART III COMMUNITY HEALTH PROTECTION Unit 9 HPPA -1 67  Part III – Community Health Duty to inspect 10 (1) Every medical officer of health shall inspect or cause the inspection of the health unit served by him or her for the purpose of preventing, eliminating and decreasing the effects of health hazards in the health unit. (2) The duty of every medical officer of health under subsection (1) includes, but is not limited to, the duty to inspect or cause the inspection of the following: 1. Food premises and any food and equipment thereon or therein. 2. Premises used or intended for use as a boarding house Unit or 9lodging HPPA -1 house. 68  Part III – Community Health Inspect: Food premises Boarding houses Lodging houses Residential institutions Schools Daycares Swimming Pools Personal Services (barber shops, tattoo parlours, etc.) Unit 9 HPPA -1 69  Part III – Community Health Complaint re health hazard related to occupational or environmental health 11 (1) Where a complaint is made to a board of health or a medical officer of health that a health hazard related to occupational or environmental health exists in the health unit served by the board of health or the medical officer of health, the medical officer of health shall notify the ministry of the Government of Ontario that has primary responsibility in the matter and, in consultation with the ministry, the medical officer of health shall investigate the Unit 9 HPPA -1 complaint to determine whether the health 70  Part III – Community Health Report 11 (2) The medical officer of health shall report the results of the investigation to the complainant, but shall not include in the report personal health information within the meaning of the Personal Health Information Protection Act, 2004 in respect of a person other than the complainant, unless consent to the disclosure is obtained in accordance with that Act. 2004, c. 3, Sched. A, s. 86. Unit 9 HPPA -1 71  Part III – Community Health Conflict 11 (3) The obligation imposed on the medical officer of health under subsection (2) prevails despite anything to the contrary in the Personal Health Information Protection Act, 2004. 2004, c. 3, Sched. A, s. 86. Unit 9 HPPA -1 72  Duty of M.O.H. re occupational and environmental health 12 (1) Every medical officer of health shall keep himself or herself informed in respect of matters related to occupational and environmental health. R.S.O. 1990, c. H.7, s. 12 (1). Unit 9 HPPA -1 73  Duty of M.O.H. re occupational and environmental health Provision of information to M.O.H. 12 (2) The Ministry of the Environment, the Ministry of Health and Long-Term Care, the Ministry of Labour or a municipality shall provide to a medical officer of health such information in respect of any matter related to occupational or environmental health as is requested by the medical officer of health, is in the possession of the ministry or municipality and the ministry or municipality is not prohibited by lawUnitfrom 9 HPPA -1disclosing. 74  Authority of M.O.H. re small drinking water systems 12.1 (1) A medical officer of health may, in respect of small drinking water systems, vary requirements in prescribed provisions of the regulations on a temporary basis and may establish interim requirements with which an owner or operator of the small drinking water system must comply. 2007, c. 10, Sched. D, s. 1 (5). Unit 9 HPPA -1 75  Authority of M.O.H. re small drinking water systems Limitation on power of M.O.H. 12.1 (2) In exercising his or her authority under subsection (1), a medical officer of health shall ensure that the risk to the users of the small drinking water system is not increased by the variance in the requirements or by the establishment of interim requirements. 2007, c. 10, Sched. D, s. 1 (5). Unit 9 HPPA -1 76 Orders & Directions Unit 9 HPPA -1 77  Section 13 Orders Order by M.O.H. or public health inspector re health hazard 13 (1) A medical officer of health or a public health inspector, 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 health hazard. Unit 9 HPPA -1 78  Section 13 Orders Either a PHI or a Medical Officer of Health Must be a health hazard Requirements of Order must relate to health hazard May specify time for compliance Reasons must be in Order May be oral Order if emergency Unit 9 HPPA -1 79  Section 13 Orders Condition precedent to order 13 (2) A medical officer of health or a public health inspector may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds, (a) that a health hazard exists in the health unit served by him or her; and (b) that the requirements specified in the order are necessary in order to decrease the effect of or to eliminate the health hazard. Unit 9 HPPA -1 80  Section 13 Orders Time 13 (3) In an order under this section, a medical officer of health or a public health inspector 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. R.S.O. 1990, c. H.7, s. 13 (3). Unit 9 HPPA -1 81  Query? Peculiarity Section 13 Orders are contingent on “health hazard” only. Not power to issue Section 13 Order for breach of a regulation. Weakness in Act? Unlike other regulatory Acts. Unit 9 HPPA -1 82  Section 13 Orders Nature of Order (s. 13 (4)) “include, but is not limited to,” A. Vacate premises B. Close premises C. Placard premises D. Do work on premises E. Removal of health hazard F. Cleaning, disinfecting premises G. Destruction of thing H. Regulate activity re food I. Regulate use of any thing Unit 9 HPPA -1 83  Section 13 Orders Person directed 13 (5) An order under this section may be directed to a person, (a) who owns or is the occupier of any premises but where an order is directed to the occupier, the person making the order shall deliver or cause the delivery of a copy of the order to the owner of the premises; (b) who owns or is in charge of any substance, thing, plant or animal or any solid, liquid, gas or combination of any of them; or (c) who is engaged in or administers an enterprise or activity, in the health unit served by the medical officer of health or the public Unit health 9 HPPA -1inspector. 84  Section 13 Orders Reasons for order 13 (6) An order under this section is not effective unless the reasons for the order are set out in the order. Oral order 13 (7) Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the hazard to the health of any person, the medical officer of health or the public health inspector may make the order orally and subsection (6) does Unit 9 HPPA -1 85 not apply to the order.  Section 13 Orders Description of person directed 13 (8) It is sufficient in an order under this section to direct the order to a person or persons described in the order, and an order under this section is not invalid by reason only of the fact that a person to whom the order is directed is not named in the order. Unit 9 HPPA -1 86  Section 14 Direction If recipient of Order not likely to comply, Medical Officer of Health can direct an employee of health unit or a contractor to do the work, and the cost is billed to whoever received the order. Unit 9 HPPA -1 87  Section 14 Direction Directions by M.O.H. 14 (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 9 HPPA -1 88  Section 14 Direction When M.O.H. may give directions 14 (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 health hazard exists in the health unit and the person to whom an order is or would be directed under section 13, … Unit 9 HPPA -1 89  Section 14 Direction (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 the medical officer of health in eliminating or decreasing the effect of the health Unit 9 HPPA -1 90 hazard.  Section 14 Direction Contents of directions 14 (3) Under this section, a medical officer of health may direct the persons whose services are engaged by or 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 health hazard. Unit 9 HPPA -1 91  Section 14 Direction 14 (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 health hazard or of an order made under this Act, or both; (b) requiring the doing of work specified in the directions in, on or about any premises; (c) requiring the removal of anything that the directions state is a health hazard from premises or the environs of premises specified in the directions; Unit 9 HPPA -1 92  Section 14 Direction (d) requiring the detention of any matter or thing removed from any premises or the environs of any premises; (e) requiring the cleaning or disinfecting, or both, of any premises or thing specified in the directions; (f) requiring the destruction of any thing specified in the directions. Unit 9 HPPA -1 93  Recovery of expenses by action 15 (1) The expenses incurred by a board of health in respect of a health hazard in, on or of any premises may be recovered from the owner or the occupier, or both, of the premises, with costs, by the board of health by action in a court of competent jurisdiction. R.S.O. 1990, c. H.7, s. 15 (1). Unit 9 HPPA -1 94  Recovery of expenses by action Statement to municipal clerk 15 (2) In the alternative, where costs and expenses of a board of health that may be recovered from the owner or occupier of premises are not paid within sixty days after a demand to the owner or occupier for payment, the secretary of the board of health may transmit to the clerk of the municipality in which the premises are situated a statement setting out, (a) the amount of the costs and expenses; (b) the name of the owner of the premises; and (c) the location of Unit the 9 HPPA -1 premises. 95 Collection 15 (3) Upon receipt of the statement, the clerk of the municipality shall enter the amount in the collector’s roll and the amount shall be collected in the same manner as municipal real property taxes and the amount collected shall be paid over to the board of health. Unit 9 HPPA -1 96 Recovery by occupier 15 (4) Where an amount recovered by a board of health after a demand or under subsection (1) from an occupier of premises is, between the occupier and the owner of the premises, the responsibility of the owner, the occupier is entitled to recover the amount from the owner or to deduct the amount from any other amount due from the occupier to the owner. Unit 9 HPPA -1 97 Recovery by owner 15 (5) Where an amount recovered by a board of health after a demand or under subsection (1) or (3) from an owner of premises is, between the owner and the occupier, the responsibility of the occupier, the owner is entitled to recover the amount from the occupier or to add the amount to any other amount due from the occupier to the owner. R.S.O. Unit 9 HPPA -1 98  Duty - Food Premises Food Premises 16 (1) Every person who operates a food premise shall maintain and operate the food premise in accordance with the regulations. see: FOOD PREMISES O. Reg. 493/17 (formerly 562) Unit 9 HPPA -1 99  Duty - Food Premises Notice of intention to commence operation 16 (2) Every person who intends to commence to operate a food premise shall give notice of the person’s intention to the medical officer of health of the health unit in which the food premise will be located. Persons employed on or in food premise (3) Every person employed on or in a food premise shall comply with the standards and requirements prescribed Unit 9 HPPA -1by the regulations 100  Duty - Food Premises Information 16 (4) Every person who operates a food premise shall furnish the medical officer of health of the health unit in which the food premise is located with such information as the medical officer of health requests in respect of the 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. Unit 9 HPPA -1 101  Duty - Food Premises Records 16 (5) Every person who operates a food premise shall keep such records in respect of the manufacturing, processing, preparation, storage, handling, display, transportation and sale, or offering for sale of food on or in the food premise and the distribution of food from the food premise as are prescribed by the regulations, and shall keep the records in such form, with such detail and for such length of time as are prescribed by the regulations. Unit 9 HPPA -1 102  General Duty - Food Sale of diseased food 17 No person shall sell or offer for sale any food that is unfit for human consumption by reason of disease, adulteration, impurity or other cause. Not dependent on regulation. Unit 9 HPPA -1 103  Unpasteurized or unsterilized milk 18 (1) No person shall sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act. R.S.O. 1990, c. H.7, s. 18 (1). Unit 9 HPPA -1 104  Unpasteurized or unsterilized milk Milk products 18 (2) No person shall sell, offer for sale, deliver or distribute a milk product processed or derived from milk that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act. R.S.O. 1990, c. H.7, s. 18 (2). Unit 9 HPPA -1 105  Unpasteurized or unsterilized milk Exception 18 (3) Subsection (1) does not apply in respect of milk or cream that is sold, offered for sale, delivered or distributed to a plant licensed under the Milk Act. R.S.O. 1990, c. H.7, s. 18 (3). Definition 18 (4) In subsection (2), “milk product” means a product processed or derived in whole or mainly from milk. Unit 9 HPPA -1 106  Seizure Power Seizure Power Seizure 19 (1) A medical officer of health or a public health inspector who is of the opinion, upon reasonable and probable grounds, that a condition of any substance, thing, plant or animal other than man is a health hazard may seize or cause the seizure of the substance, thing, plant or animal. R.S.O. 1990, c. H.7, s. 19 (1). Unit 9 HPPA -1 107  Seizure Power Examination 19 (2) The medical officer of health or public health inspector shall detain the substance, thing, plant or animal pending such examination or investigation as is necessary in his or her opinion or as is requested by the owner or person from whom the substance, thing, plant or animal was seized, to determine the existence of the health hazard. R.S.O. 1990, c. H.7, s. 19 (2). Unit 9 HPPA -1 108  Seizure Power Return 19 (3) Where the examination or investigation indicates that a health hazard is not present, the medical officer of health or public health inspector shall release the substance, thing, plant or animal to the owner or person from whom it was seized. R.S.O. 1990, c. H.7, s. 19 (3). Unit 9 HPPA -1 109  Seizure Power Destruction 19 (4) Where the examination or investigation indicates that a health hazard is present, the medical officer of health or public health inspector shall destroy or dispose of the substance, thing, plant or animal or take such other action as will eliminate or decrease the health hazard. Unit 9 HPPA -1 110  Seizure Power Food 19 (5) Where food is seized under this section and the medical officer of health or public health inspector is of the opinion, upon reasonable and probable grounds, that the condition of the food is a health hazard, subsections (2) and (3) do not apply and he or she may destroy or dispose of the food or cause it to be destroyed or disposed of without further examination or investigation. Unit 9 HPPA -1 111  Facilities required in residential buildings 20 Every person who owns a residential building shall provide, (a) potable water; and (b) sanitary facilities or a privy, for the residents of the residential building. Unit 9 HPPA -1 112