Definitions

1   In this regulation:

"Act" means the Community Charter;

"medical health officer" means a medical health officer designated under the Public Health Act;

"minister" means the minister designated under the Responsible Minister Regulation, B.C. Reg. 330/2003, as the minister responsible in relation to bylaws under section 8 (3) (i) of the Act;

"Nisg̱a'a Nation" has the same meaning as in the Nisg̱a'a Final Agreement as defined in section 1 of the Nisg̱a'a Final Agreement Act;

"PHSA" means the Provincial Health Services Authority, a society as defined in section 1 of the Societies Act;

"regional health board" means a board as defined in section 1 of the Health Authorities Act.

[am. B.C. Reg. 255/2016.]

Restrictions and conditions on public health bylaws

2   (1) For the purposes of section 9 (4) (a) of the Act, bylaws made by a council under section 8 (3) (i) [public health] of the Act in relation to the following matters are subject to the restrictions and conditions set out in subsection (2):

(a) the protection, promotion or preservation of the health of individuals;

(b) the maintenance of sanitary conditions in the municipality;

(c) the restriction, or potential restriction, of any individual's access to health services;

(d) any matter that may affect the personnel, financial or other resources of a regional health board, the Nisg̱a'a Nation or the PHSA.

(2) Subject to subsection (3), for the purposes of section 9 (4) (b) of the Act, the following restrictions and conditions apply:

(a) a council may not adopt a bylaw in relation to a matter referred to only in subsection 1 (a) or (b) unless the bylaw or a copy of it is deposited with the minister;

(b) a council may not adopt a bylaw in relation to a matter referred to only in subsection 1 (c) or (d) unless the bylaw is approved by the minister;

(c) before adopting a bylaw in relation to matters referred to in subsection 1 (a), (b), (c) or (d), a council must consult with

(i) the regional health board, or

(ii) the medical health officer

responsible for public health matters within the municipality.

(3) A bylaw in relation to a matter referred to in both

(a) subsection (1) (a) or (b), and

(b) subsection (1) (c) or (d)

is subject to subsection 2 (b).