Health Protection and Promotion Act

PART I INTERPRETATION

1 (1) In this Act, “Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”) “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, (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 under this Act, and (c) an agency, board or organization prescribed by regulation; (“conseil de santé”) “Chief Medical Officer of Health” means the Chief Medical Officer of Health under this Act; (“médecin-hygiéniste en chef”) “communicable disease” means a disease designated as a communicable disease by regulation made by the Minister; (“maladie transmissible”) “d…

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. R.S.O. 1990, c. H.7, s. 2.

3 This Act binds the Crown. R.S.O. 1990, c. H.7, s. 3.

PART II HEALTH PROGRAMS AND SERVICES

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. R.S.O. 1990, c. H.7, s. 4.

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. 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. 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…

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. R.S.O. 1990, c. H.7, s. 6 (1). Consent of school (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 school. R.S.O. 1990, c. H.7, s. 6 (2). Application of subs. (1) (3) Subsection (1) applies only in respect of the classifications of pupils prescribed by the regulations in respect of a health program or service. R.S.O. 1990, c. H.7, s. 6 (3). Prohibition (4) Where a board of health is required by this Act or the regulations, on request of a person or organization that operate…

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. 2017, c. 25, Sched. 3, s. 4 (1). Idem (2) Public health standards shall be transmitted to each board of health and shall be available for public inspection at the Ministry. R.S.O. 1990, c. H.7, s. 7 (2); 2017, c. 25, Sched. 3, s. 1 (2), 4 (2). Not regulations (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); 2017, c. 25, Sched. 3, s. 1 (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); 2017, c. 25, Sched. 3, s. 1 (1). Adoption of codes (5) A public health standard may adopt by reference, in …

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; 2017, c. 25, Sched. 3, s. 1 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 1 (2) - 01/05/2018

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.

PART III COMMUNITY HEALTH PROTECTION

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. R.S.O. 1990, c. H.7, s. 10 (1). Idem (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 or lodging house. R.S.O. 1990, c. H.7, s. 10 (2).

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 complaint to determine whether the health hazard exists or does not exist. R.S.O. 1990, c. H.7, s. 11 (1). Report (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 disclos…

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). Provision of information to M.O.H. (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 law from disclosing. R.S.O. 1990, c. H.7, s. 12 (2); 2006, c. 19, Sched. L, s. 11 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 11 (3) - 22/06/2006

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). Limitation on power of M.O.H. (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). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 1 (5) - 01/12/2008

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. R.S.O. 1990, c. H.7, s. 13 (1). Condition precedent to order (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. R.S.O. 1990, c. H.7, s. 13 (2). Time (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 tim…

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. R.S.O. 1990, c. H.7, s. 14 (1). When M.O.H. may give directions (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, (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 medi…

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). Statement to municipal clerk (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 the premises. R.S.O. 1990, c. H.7, s. 15 (2). Collection (3) Upon receipt of the statement, the clerk of the…

16 (1) Every person who operates a food premise shall maintain and operate the food premise in accordance with the regulations. R.S.O. 1990, c. H.7, s. 16 (1). Notice of intention to commence operation (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. R.S.O. 1990, c. H.7, s. 16 (2). 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 by the regulations for such persons. R.S.O. 1990, c. H.7, s. 16 (3). Information (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 man…

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. R.S.O. 1990, c. H.7, s. 17.

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). Milk products (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). Exception (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 (4) In subsection (2), “milk product” means a p…

18.1 (1) No person shall sell, offer for sale or provide, any of the following: 1. Scleral tattooing. 2. Implantation of eye jewellery under the conjunctiva. 2017, c. 25, Sched. 3, s. 5. Exception (2) Subsection (1) does not apply to a member of a health profession set out in Schedule 1 of the Regulated Health Professions Act, 1991, as long as the person is complying with all requirements provided for in the regulations under this Act. 2017, c. 25, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 5 - 01/05/2018

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). Examination (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). Return (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, p…

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. R.S.O. 1990, c. H.7, s. 20.

PART IV COMMUNICABLE DISEASES

21 (1) In this Part, “institution” means, (a) Repealed: 2007, c. 8, s. 210. (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, (d) “child care centre” within the meaning of the Child Care and Early Years Act, 2014, (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; (g) “home for special care” within the meaning of the Homes for Special Care Act, (h) “long-term care home…

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. R.S.O. 1990, c. H.7, s. 22 (1). Condition precedent to order (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; (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 t…

22.1 Repealed: 2006, c. 26, s. 15 (1). Section Amendments with date in force (d/m/y) 2001, c. 30, s. 1 - 01/05/2003 2006, c. 26, s. 15 (1) - 10/08/2007

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. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 15 - 19/04/2021

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. R.S.O. 1990, c. H.7, s. 24 (1). When M.O.H. may give directions (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 t…

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, Sched. 3, s. 1 (3). Definition (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, (f) a member of the College of …

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. R.S.O. 1990, c. H.7, s. 26; 2007, c. 10, Sched. F, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 4 - 07/08/2007

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 an agent of a communicable disease. R.S.O. 1990, c. H.7, s. 27 (1); 2017, c. 25, Sched. 3, s. 1 (3). Duty of superintendent of institution to report re disease (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 d…

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. R.S.O. 1990, c. H.7, s. 28.

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). Contents and time of report (2) A report under this section shall state the laboratory findings and shall be made within the time prescribed by the regulations. R.S.O. 1990, c. H.7, s. 29 (2). Definition (3) In this section, “laboratory” has the same meaning as in section 5 of the Laboratory and Specimen Collection Centre Licensing Act. R.S.O. 1990, c. H.7, s. 29 (3). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 5 - 01/04/2008 2009, c. 33, Sched. 18, s. 12 (3) - 15/12/2009 2017, c. 25, S…

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, s. 6. Definition (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. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. …

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. When order may be made (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 the risks to health associated with the outbreak. 2007, c. 10, Sched. F, s. 6. Time (3) In an o…

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. F, s. 7; 2017, c. 25, Sched. 3, s. 1 (3). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 7 - 07/08/2007 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018

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. 2017, c. 25, Sched. 3, s. 6. 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 served by the medical officer of health. 2017, c. 25, Sched. 3, s. 6. Definition (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 A…

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. 3, s. 1 (3). Transmittal of report (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. R.S.O. 1990, c. H.7, s. 32 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018

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. R.S.O. 1990, c. H.7, s. 33. 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 of the eyes of the new-born child. 1996, c. 2, s. 67 (2). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 67 (2) - 29/03/1996

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. 2007, c. 10, Sched. F, s. 8 (1). Report to be made to M.O.H. (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. R.S.O. 1990, c. H.7, s. 34 (2); 2007, c. 10, Sched. F, s. 8 (2). 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…

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. When court may make order (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 person conduct himself or herself in such a manner as not to expose another person to infection. R.S.O. 1990, c. H.7, s. 35 (2). Content…

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 the medical officer of health. R.S.O. 1990, c. H.7, s. 36 (1). Failure to comply with isolation order (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. R.S.O. 1990, c. H.7, s. 36…

37 (1) A physician or registered nurse in the extended class who provides medical services in a correctional institution, a place of secure custody 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. R.S.O. 1990, c. H.7, s. 37 (1); 2007, c. 10, Sched. F, s. 10; 2019, c. 1, Sched. 4, s. 22 (3). Order by M.O.H. re person under detention (2) A medical officer of health by order may require the superintendent of a correctional institution, a place of secure custody 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…

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; (“agent immunisant”) “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 time and following upon a symptom described in clause (a), (b), (c) or…

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. R.S.O. 1990, c. H.7, s. 39 (1); 2017, c. 25, Sched. 3, s. 1 (3). Exceptions (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, cer…

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. R.S.O. 1990, c. H.7, s. 40 (1); 2007, c. 10, Sched. F, s. 13. Exception re pharmacist (2) Subsection (1) does not apply to a member of the Ontario College of Pharmacists who dispenses to a person upon a written prescription signed by a physician or who sells to a person a drug, medicine or appliance. R.S.O. 1990, c. H.7, s. 40 (2); 1998, c. 18, Sched. G, s. 55 (6). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (6) - 01/02/1999 2007, c. 10, Sched. F, s. 13 - 07/08/2007

PART V RIGHTS OF ENTRY AND APPEALS FROM ORDERS Rights of entry and powers of inspection

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. R.S.O. 1990, c. H.7, s. 41 (1). Interpretation, purposes (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 out of a direction given under this Act. R.S.O. 1990, c. H.7, s. 41 (2). Entry (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). R.S.O. 1990, c. H.7, s. 41 (3). Examinations (4) A person …

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. R.S.O. 1990, c. H.7, s. 42 (1). 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 the meaning of subsection (1). R.S.O. 1990, c. H.7, s. 42 (2); 2007, c. 10, Sched. D, s. 1 (7). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 1 (7) - 01/12/2008

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 exercise of a power or the carrying out of a duty under this Act or the regulations or the carrying out of a direction given under this Act; and (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, (…

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. R.S.O. 1990, c. H.7, s. 43 (1). Execution of warrant (2) A warrant issued under this section shall be executed at reasonable times as specified in the warrant. R.S.O. 1990, c. H.7, s. 43 (2). 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. R.S.O. 1990, c. H.7, s. 43 (3). Application …

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. R.S.O. 1990, c. H.7, s. 44 (1). Oral order (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 orde…

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. R.S.O. 1990, c. H.7, s. 45 (1). Examination of documentary evidence (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. R.S.O. 1990, c. H.7, s. 45 (2). Members holding hearing not to have taken part in investigation, etc. (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…

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. R.S.O. 1990, c. H.7, s. 46 (1); 1998, c. 18, Sched. G, s. 55 (8). 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). Record to be filed in court (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. R.S.O. 1990…

47 Repealed: 1998, c. 18, Sched. G, s. 55 (9). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (9) - 01/02/1999

PART VI HEALTH UNITS AND BOARDS OF HEALTH

48 There shall be a board of health for each health unit. R.S.O. 1990, c. H.7, s. 48.

49 (1) A board of health is composed of the members appointed to the board under this Act and the regulations. R.S.O. 1990, c. H.7, s. 49 (1). Municipal members (2) There shall be not fewer than three and not more than thirteen municipal members of each board of health. R.S.O. 1990, c. H.7, s. 49 (2). Appointments by Lieutenant Governor in Council (3) The Lieutenant Governor in Council may appoint one or more persons as members of a board of health, but the number of members so appointed shall be less than the number of municipal members of the board of health. R.S.O. 1990, c. H.7, s. 49 (3). Remuneration (4) A board of health shall pay remuneration to each member of the board of health on a daily basis and all members shall be paid at the same rate. R.S.O. 1990, c. H.7, s. 49 (4). Expenses (5) A board of health shall pay the reasonable and actual expenses of each member of the board of …

50 (1) A board of health for a health unit and the council of the band on a reserve within the health unit may enter into an agreement in writing under which, (a) the board agrees to provide health programs and services to the members of the band; and (b) the council of the band agrees to accept the responsibilities of the council of a municipality within the health unit. R.S.O. 1990, c. H.7, s. 50 (1). Appointment of member by council of band (2) The council of the band that has entered into the agreement has the right to appoint a member of the band to be one of the members of the board of health for the health unit. R.S.O. 1990, c. H.7, s. 50 (2). Joint appointment (3) The councils of the bands of two or more bands that have entered into agreements under subsection (1) have the right to jointly appoint a person to be one of the members of the board of health for the health unit instea…

51 (1) A member of a board of health appointed by the Lieutenant Governor in Council may be appointed for a term of one, two or three years. R.S.O. 1990, c. H.7, s. 51 (1). Vacancy (2) Where a vacancy occurs in a board of health by the death, disqualification, resignation or removal of a member, the person or body that appointed the member shall appoint a person forthwith to fill the vacancy for the remainder of the term of the member. R.S.O. 1990, c. H.7, s. 51 (2). Disqualification (3) No person whose services are employed by a board of health is qualified to be a member of the board of health. R.S.O. 1990, c. H.7, s. 51 (3).

52 (1) Every board of health is a corporation without share capital. R.S.O. 1990, c. H.7, s. 52 (1). Non-application (2) The Corporations Information Act and the Not-for-Profit Corporations Act, 2010 do not apply to a board of health except, in the case of the Not-for-Profit Corporations Act, 2010, as prescribed by regulation. 2010, c. 15, s. 228 (1). Real property (3) A board of health may acquire and hold real property for the purpose of carrying out the functions of the board and may sell, exchange, lease, mortgage or otherwise charge or dispose of real property owned by it. R.S.O. 1990, c. H.7, s. 52 (3). Consents required (4) Subsection (3) does not apply unless the board of health has first obtained the consent of the councils of the majority of the municipalities within the health unit served by the board of health. R.S.O. 1990, c. H.7, s. 52 (4); 2002, c. 18, Sched. I, s. 9 (8). …

53 The name of each board of health shall be Board of Health for the (inserting the name of the health unit)

Health Unit in English and Conseil de santé de la circonscription sanitaire de (inserting the name of the health unit)

in French. R.S.O. 1990, c. H.7, s. 53.

54 A majority of the members of a board of health constitutes a quorum of the board. R.S.O. 1990, c. H.7, s. 54.

55 Sections 52 to 54 and 56 to 59 do not apply to, (a) the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo and York; or (b) a single-tier municipality that has the powers, rights and duties of a local board of health or a board of health established under this Act. 2001, c. 25, s. 477 (5); 2017, c. 25, Sched. 3, s. 1 (4). Section Amendments with date in force (d/m/y) 2001, c. 25, s. 477 (5) - 01/01/2003 2017, c. 25, Sched. 3, s. 1 (4) - 01/05/2018

56 (1) A board of health shall pass by-laws respecting, (a) the management of its property; (b) banking and finance; (c) the calling of and proceedings at meetings; and (d) the appointment of an auditor. R.S.O. 1990, c. H.7, s. 56 (1). Idem (2) A board of health may pass by-laws respecting, (a) the appointment, duties and removal of officers (other than the medical officer of health or an associate medical officer of health) and employees, and the remuneration, pensions and other benefits of officers and employees; and (b) any other matter necessary or advisable for the management of the affairs of the board of health. R.S.O. 1990, c. H.7, s. 56 (2).

57 (1) Repealed: 2009, c. 33, Sched. 18, s. 12 (4). Chair and vice-chair (2) At the first meeting of a board of health in each year, the members of the board shall elect one of the members to be chair and one to be vice-chair of the board for the year. R.S.O. 1990, c. H.7, s. 57 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 18, s. 12 (4) - 15/12/2009

58 A board of health shall keep or cause to be kept minutes of its proceedings and the text of the by-laws and resolutions passed by it. R.S.O. 1990, c. H.7, s. 58.

58.1 Repealed: 2009, c. 33, Sched. 18, s. 12 (5). Section Amendments with date in force (d/m/y) 1997, c. 15, s. 5 (1) - 10/10/1997 2009, c. 33, Sched. 18, s. 12 (5) - 15/12/2009

59 (1) A board of health shall keep or cause to be kept, (a) books, records and accounts of its financial affairs; (b) the invoices, receipts and other documents in its possession that relate to the financial affairs of the board. R.S.O. 1990, c. H.7, s. 59 (1). Annual financial statements (2) A board of health shall cause to be prepared statements of its financial affairs in each year including but not limited to, (a) an annual statement of income and expenses; (b) an annual statement of assets and liabilities; and (c) an annual estimate of expenses for the next year. R.S.O. 1990, c. H.7, s. 59 (2). Retention of records (3) A board of health need not keep any records, statements, minutes, accounts or other materials beyond the period of time prescribed by the regulations. R.S.O. 1990, c. H.7, s. 59 (3).

60 Repealed: 1997, c. 26, Sched. Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998

61 Every board of health shall superintend and ensure the carrying out of Parts II, III and IV and the regulations relating to those Parts in the health unit served by the board of health. R.S.O. 1990, c. H.7, s. 61.

62 (1) Every board of health, (a) shall appoint a full-time medical officer of health; and (b) may appoint one or more associate medical officers of health,

of the board of health. R.S.O. 1990, c. H.7, s. 62. Vacancy (2) If the position of medical officer of health of a board of health becomes vacant, the board of health and the Minister, acting in concert, shall work expeditiously towards filling the position with a full-time medical officer of health. 2002, c. 32, s. 171. Report, CMOH (3) The annual report of the Chief Medical Officer of Health under section 81 shall include a summary of the medical officer of health and associate medical officer of health vacancies in Ontario. 2007, c. 10, Sched. F, s. 14. Section Amendments with date in force (d/m/y) 2002, c. 32, s. 167 - 13/12/2002 2007, c. 10, Sched. F, s. 14 - 07/08/2007

63 A board of health shall not describe the position of a person whose services are employed by the board by a title that incorporates the title “medical officer of health” or “médecin-hygiéniste”, or the designation “M.O.H.” or “m.-h.” or other designation representing the title, unless the person is the medical officer of health, associate medical officer of health or acting medical officer of health of the board. R.S.O. 1990, c. H.7, s. 63.

64 No person is eligible for appointment as a medical officer of health or an associate medical officer of health unless, (a) he or she is a physician; (b) he or she possesses the qualifications and requirements prescribed by the regulations for the position; and (c) the Minister approves the proposed appointment. R.S.O. 1990, c. H.7, s. 64.

65 Repealed: 2005, c. 29, s. 4. Section Amendments with date in force (d/m/y) 2005, c. 29, s. 4 - 12/12/2006

66 (1) A decision by a board of health to dismiss a medical officer of health or an associate medical officer of health from office is not effective unless, (a) the decision is carried by the vote of two-thirds of the members of the board; and (b) the Minister consents in writing to the dismissal. R.S.O. 1990, c. H.7, s. 66 (1). Notice and attendance (2) A board of health shall not vote on the dismissal of a medical officer of health or an associate medical officer of health unless the board has given the officer, (a) reasonable written notice of the time, place and purpose of the meeting at which the dismissal is to be considered; (b) a written statement of the reason for the proposal to dismiss the officer; and (c) an opportunity to attend and to make representations to the board at the meeting. 2017, c. 25, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 25, Sch…

67 (1) The medical officer of health of a board of health reports directly to the board of health on issues relating to public health concerns and to public health programs and services under this or any other Act. 1997, c. 30, Sched. D, s. 7 (1). Direction of staff (2) The employees of and the persons whose services are engaged by a board of health are subject to the direction of and are responsible to the medical officer of health of the board if their duties relate to the delivery of public health programs or services under this or any other Act. R.S.O. 1990, c. H.7, s. 67 (2); 1997, c. 30, Sched. D, s. 7 (2). Management (3) The medical officer of health of a board of health is responsible to the board for the management of the public health programs and services under this or any other Act. 1997, c. 30, Sched. D, s. 7 (3). Area of authority (4) The authority of the medical officer of…

68 (1) The associate medical officer of health of a board of health, under the direction of the medical officer of health of the board, shall assist in the performance of the duties of the medical officer of health and, for the purpose, has all the powers of the medical officer of health. R.S.O. 1990, c. H.7, s. 68 (1). Where M.O.H. absent or unable to act (2) Where the office of medical officer of health of a board of health is vacant or the medical officer of health is absent or unable to act, the associate medical officer of health of the board shall act as and has all the powers of the medical officer of health. R.S.O. 1990, c. H.7, s. 68 (2).

69 (1) Where, (a) the office of medical officer of health of a board of health is vacant or the medical officer of health is absent or unable to act; and (b) there is no associate medical officer of health of the board or the associate medical officer of health of the board is also absent or unable to act, the board of health shall appoint forthwith a physician as acting medical officer of health. R.S.O. 1990, c. H.7, s. 69 (1). Powers and duties (2) An acting medical officer of health of a board of health shall perform the duties and has authority to exercise the powers of the medical officer of health of the board. R.S.O. 1990, c. H.7, s. 69 (2). (3-8) Repealed: 2017, c. 25, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2011, c. 7, s. 1 - 04/05/2011 2017, c. 25, Sched. 3, s. 10 - 01/05/2018

70 The medical officer of health of a board of health is entitled to notice of and to attend each meeting of the board and every committee of the board, but the board may require the medical officer of health to withdraw from any part of a meeting at which the board or a committee of the board intends to consider a matter related to the remuneration or the performance of the duties of the medical officer of health. R.S.O. 1990, c. H.7, s. 70.

71 (1) Every board of health shall engage the services of such persons, including public health nurses, as are considered necessary to carry out the functions of the board of health, including the duties of the board of health in respect of mandatory health programs and services. R.S.O. 1990, c. H.7, s. 71 (1). Qualifications (2) No board of health shall engage the services of any person in a professional, administrative or technical classification unless the person meets the qualifications and requirements prescribed by the regulations for the classification. R.S.O. 1990, c. H.7, s. 71 (2). Public health nurse (3) No board of health shall engage any person as a public health nurse unless the person is a member of the College of Nurses of Ontario who is a registered nurse and, (a) has the public health nursing education prescribed by the regulations from a degree granting institution in …

72 (1) The obligated municipalities in a health unit shall pay, (a) the expenses incurred by or on behalf of the board of health of the health unit in the performance of its functions and duties under this or any other Act; and (b) the expenses incurred by or on behalf of the medical officer of health of the board of health in the performance of his or her functions and duties under this or any other Act. 1997, c. 30, Sched. D, s. 8. Same (2) In discharging their obligations under subsection (1), the obligated municipalities in a health unit shall ensure that the amount paid is sufficient to enable the board of health, (a) to provide or ensure the provision of health programs and services in accordance with sections 5, 6 and 7, the regulations and the public health standards; and (b) to comply in all other respects with this Act and the regulations. 1997, c. 30, Sched. D, s. 8; 2017, c. …

73-75 Repealed: 1997, c. 30, Sched. D, s. 9. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 9 - 01/01/1998