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“Point in Time” Act Content

PUBLIC HEALTH ACT

[SBC 2008] CHAPTER 28

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1November 2, 2017
9June 3, 2010
 June 3, 2010
 May 31, 2012
10March 30, 2023
11March 30, 2023
12March 30, 2023
13March 30, 2023
16March 30, 2023
21March 30, 2023
35March 30, 2023
43March 30, 2023
50March 30, 2023
55March 30, 2023
57March 30, 2023
66March 30, 2023
70March 30, 2023
73March 30, 2023
75March 30, 2023
77March 30, 2023
80March 30, 2023
82March 30, 2023
87March 30, 2023
103December 14, 2011
 March 30, 2023
117July 1, 2010
118July 1, 2010
122March 10, 2016

  Section 1 definition of "nurse practitioner" BEFORE repealed by 2017-15-20, effective November 2, 2017 (Royal Assent).

"nurse practitioner" means a person who is authorized to practise nursing as a nurse practitioner under the Health Professions Act;

  Section 9 was renumbered as 9 (1) by 2010-6-167, effective June 3, 2010 (Royal Assent).

  Section 9 (2) was added by 2010-6-167, effective June 3, 2010 (Royal Assent).

  Section 9 (1) (f) BEFORE amended by 2012-22-105, effective May 31, 2012 (Royal Assent).

(f) to engage in health services planning, maintenance or improvement, including

(i)  health service development, management, delivery, monitoring and evaluation,

(ii)  compilation of statistical information, and

(iii)  public health surveillance;

  Section 10 (1) (part) and (2) (part) BEFORE amended by 2023-10-930, effective March 30, 2023 (Royal Assent).

(1) This section applies to a health professional, a person responsible for administering a hospital or laboratory, and a prescribed person who, in carrying out his or her duties, becomes aware that a person or thing

(2) If an infectious agent or a hazardous agent is prescribed for the purposes of this section, a person to whom this section applies must promptly report the following information, to the extent of his or her knowledge, to a prescribed person:

  Section 11 (part) BEFORE amended by 2023-10-931, effective March 30, 2023 (Royal Assent).

11   If a prescribed person becomes aware that a prescribed health hazard exists or may exist, the person must promptly report the following information, to the extent of his or her knowledge, to a prescribed person:

  Section 12 (a) BEFORE amended by 2023-10-932, effective March 30, 2023 (Royal Assent).

(a) promptly report, to the extent of his or her knowledge, to a prescribed person,

  Section 13 (1) BEFORE amended by 2023-10-933, effective March 30, 2023 (Royal Assent).

(1) For the purposes of monitoring the incidence and nature of infectious agents and hazardous agents and controlling their spread, a medical health officer may, on his or her own initiative or on receiving a report under this Division, order a laboratory or other person to perform a diagnostic examination and make a report of findings.

  Section 16 (4) (a) BEFORE amended by 2023-10-931, effective March 30, 2023 (Royal Assent).

(a) believes that the preventive measures would be harmful to his or her health, or

  Section 21 (6) BEFORE amended by 2023-10-934, effective March 30, 2023 (Royal Assent).

(6) If a health officer is unable or unavailable to reconsider his or her decision, a similarly designated health officer may act under this section in respect of the decision as if the health officer were reconsidering his or her own decision.

  Section 35 (3) (part) BEFORE amended by 2023-10-935, effective March 30, 2023 (Royal Assent).

(3) A certificate must be signed by the health officer or the corporate executive officer of the health authority or his or her delegate, and must include all the following information:

  Section 43 (8) BEFORE amended by 2023-10-936, effective March 30, 2023 (Royal Assent).

(8) If a health officer is unable or unavailable to reconsider an order he or she made, a similarly designated health officer may act under this section in respect of the order as if the similarly designated health officer were reconsidering an order that he or she made.

  Section 50 (3) (a) BEFORE amended by 2023-10-937, effective March 30, 2023 (Royal Assent).

(a) order the person to leave a place in which he or she is residing, including putting conditions on the person's return to the place;

  Section 55 (1) (b) BEFORE amended by 2023-10-938, effective March 30, 2023 (Royal Assent).

(b) an environmental health officer to exercise a power or perform a duty of environmental health officers that is not permitted by his or her designation.

  Section 57 (2) BEFORE amended by 2023-10-939, effective March 30, 2023 (Royal Assent).

(2) If an order is made under this section, a person required by the order to make a report must promptly report, to the extent of his or her knowledge, to a medical health officer the information required by the order.

  Section 66 (1) (c) BEFORE amended by 2023-10-940, effective March 30, 2023 (Royal Assent).

(c) on any matter arising from the exercise of the provincial health officer's powers or performance of his or her duties under this or any other enactment.

  Section 70 (1) BEFORE amended by 2023-10-941, effective March 30, 2023 (Royal Assent).

(1) Except as otherwise provided, a medical health officer may exercise powers granted to, and perform duties imposed on, medical health officers under this or any other enactment only within the geographic area of British Columbia for which he or she is designated under this Division.

  Section 73 (3) (c) BEFORE amended by 2023-10-942, effective March 30, 2023 (Royal Assent).

(c) on any matter arising from the exercise of the medical health officer's powers or performance of his or her duties under this or any other enactment.

  Section 75 (part) BEFORE amended by 2023-10-941, effective March 30, 2023 (Royal Assent).

75   A medical health officer may act in a geographic area for which he or she has not been designated if

  Section 77 (1) BEFORE amended by 2023-10-943, effective March 30, 2023 (Royal Assent).

(1) Except as otherwise provided, an environmental health officer may exercise powers granted to, and perform duties imposed on, environmental health officers under this or any other enactment only within

(a) the geographic area of British Columbia for which he or she is designated under this Division, and

(b) the limits, if any, set out in his or her designation.

  Section 80 (2) (part) BEFORE amended by 2023-10-944, effective March 30, 2023 (Royal Assent).

(2) If multiple health officers are designated for a geographic area or portion of a geographic area and each has the same powers and duties, they may act independently or together, but each remains responsible for performing his or her duties except to the extent that those duties are permitted to be shared or divided by a standard of practice established,

  Section 82 (5) BEFORE amended by 2023-10-945, effective March 30, 2023 (Royal Assent).

(5) If requested to do so, a delegate must produce evidence of his or her authority before exercising a delegated power or performing a delegated duty.

  Section 87 (1) BEFORE amended by 2023-10-946, effective March 30, 2023 (Royal Assent).

(1) At a meeting under section 86 (3) [inquiry into public health issues], the commissioner may make orders or provide directions that he or she considers necessary for the maintenance of order at the meeting.

  Section 103 (d) BEFORE amended by 236/2011, effective December 14, 2011.

(d) acted under the order a health officer who was exercising a power or performing a duty under this Act, if the person had no reason to believe that the order may have been unauthorized under this Act or any other enactment.

  Section 103 (part) BEFORE amended by 2023-10-947, effective March 30, 2023 (Royal Assent).

103   A person must not be convicted of an offence under this Act if the person proves that he or she

  Section 117 (b) (ii) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(ii)  prescribing that the Rules of Court apply to a review of a certificate, or modifying those rules;

  Section 118 (c) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(c) prescribing that the Rules of Court apply to the hearing of an application by the court, or modifying those rules;

  Section 122 (1) (f) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).

(f) providing for payment of an administrative penalty by installments;