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"Point in Time" Regulation Content

Public Health Act

Health Act Communicable Disease Regulation

B.C. Reg. 4/83

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Regulation January 1, 2019
Section 1 November 19, 2010
Section 2 November 19, 2010
Section 6.1 November 19, 2010
Section 6.2 November 19, 2010
Section 6.3 May 21, 2010
May 19, 2011
Section 7 November 19, 2010
Section 8 November 19, 2010
Section 9 November 19, 2010
Section 10 November 19, 2010
Section 11 November 19, 2010
December 2, 2011
Section 16 December 2, 2011
Section 17 March 18, 2013
July 27, 2018
Section 18 November 19, 2010
Section 19 December 2, 2011
Schedule C November 19, 2010
Schedule E November 19, 2010

 Regulation BEFORE repealed by BC Reg 167/2018, effective January 1, 2019.

B.C. Reg. 4/83
O.C. 6/83
Filed January 11, 1983

Public Health Act

Health Act Communicable Disease Regulation

[includes amendments up to B.C. Reg. 167/2018, July 27, 2018]

Interpretation

1   In this regulation:

"carrier" means a person who harbours, and who may disseminate, a specific infectious agent in the absence of discernible clinical disease;

"communicable disease" means an illness, due to a specific infectious agent or its toxic products, which arises through the transmission of that agent or its product

(a) directly from an infected person or animal, or

(b) indirectly through the agency of an intermediate host vector or the inanimate environment;

"epidemic" means an occurrence of a disease within a community or region in excess of normal expectancy;

"infectious agent" means an organism capable of producing an infection or infectious disease;

"isolation" means the separation, for the period of communicability of the disease, of an infected person or animal from others in a place and under conditions to prevent the conveyance of the infectious agent to those others;

"laboratory" means a medical or clinical diagnostic facility, and for the purposes of section 2 (3) includes the Animal Health Centre, Ministry of Agriculture and Lands, Abbotsford, British Columbia;

"physician" means a duly qualified medical practitioner;

"quarantine" means the limitation of freedom of movement of a susceptible person or domestic animal, suspected of being or known to have been exposed to a communicable disease, for a period of time equal to the longest usual incubation period of that disease from the last date of exposure;

"reportable communicable disease" means a disease

(a) listed in Schedule A or B, or

(b) which becomes epidemic or shows unusual features;

"susceptible person" means a person not possessing adequate resistance against a specific infectious agent.

[am. B.C. Regs. 43/2007, s. (a); 330/2010, s. 1.]

Part 1 — Reports

Reportable disease

2   (1) Repealed. [B.C. Reg. 49/2009, s. 2 (b).]

(2) Where a physician knows or suspects that an animal or another person is suffering from or has died from a communicable disease, he shall, without delay and in accordance with section 4, make a report to the medical health officer if the disease

(a) is listed in Schedule A, or

(b) becomes epidemic or shows unusual features.

(3) Where a person in charge of a laboratory knows or suspects, as a result of analysis, examination or tests of or on a specimen, that an animal or another person is suffering from or has died from a communicable disease listed in Schedule B, he shall, within 7 days and in accordance with section 4, make a report to the medical health officer.

(4) The medical health officer shall forward a report received under this section, within 7 days of receiving it, to the Provincial health officer or a person designated by the Provincial health officer, together with any further information requested by the Provincial health officer or a person designated by the Provincial health officer.

(5) A report required to be made without delay shall be made by telephone or by any similar rapid means of communication.

(6) For the purposes of subsection (4), the Provincial health officer may

(a) designate a person to receive the report and to request and receive any further information on his or her behalf,

(b) give directions to the designated person respecting the use and further disclosure of the report and of any requested further information, and

(c) without limiting the purposes for which the report and any further information were collected,

(i) authorize the designated person to use the report and any further information to conduct or facilitate research into health issues, and

(ii) limit or put conditions on that authorization.

[am. B.C. Regs. 49/2009, s. 2 (b); 330/2010, s. 2.]

Reports by hospital

3   In addition to the requirements of section 2, the administrator or other person in charge of a hospital shall, within 7 days, make a report to the medical health officer respecting a patient admitted to the hospital who is suffering from a reportable communicable disease or from rheumatic fever.

Contents of report

4   (1) A report made under section 2 (2) shall include

(a) the name of the disease,

(b) the name, age, sex and address of the infected person, and

(c) appropriate details if the disease reported is epidemic or shows unusual features.

(2) A report made under section 2 (3) shall include

(a) the name of the disease,

(b) the name and address of the person from whom the specimen was taken, and

(c) the name and address of the physician or other person who is or has been attending the person referred to in paragraph (b).

(3) A report made under section 3 shall include

(a) the name of the disease,

(b) the name, age, sex and address of the patient, and

(c) the name and address of the physician or other person who is or has been attending the patient.

(4) All reports referred to in this section shall include any further relevant information requested by the medical health officer.

(5) A report made under section 2 (2) or (3) or 3 respecting a person who voluntarily submitted to testing for Human Immunodeficiency Virus must omit the name and address of the person if that person so chooses.

[am. B.C. Reg. 62/2003, s. (b).]

Report of action taken

5   Where a physician, who knows or suspects that a person is infected with a reportable communicable disease, orders isolation or quarantine under this regulation, he shall immediately notify the medical health officer of the action taken.

Verification of reports

6   The medical health officer shall verify all reports that a person is infected with a reportable communicable disease before ordering or continuing isolation, quarantine or any other control measures respecting that person.

Repealed

6.1   Repealed. [B.C. Reg. 330/2010, s. 3.]

Index patient

6.2   (1) In this section:

"index patient" means a person known or suspected to be suffering from, or who has died from, a communicable disease;

"relevant information" includes any information that may, directly or indirectly, identify the index patient.

(2) Despite section 4 (5),

(a) a physician who reasonably believes that another person may be at risk of harm from an index patient may provide any relevant information to the medical health officer, and

(b) on receiving information from a physician under paragraph (a), the medical health officer may

(i) request further relevant information from the physician,

(ii) require the index patient to undergo further examination and to provide further relevant information, and

(iii) disclose to any person who may be at risk of harm any relevant information the medical health officer feels necessary to address the harm or to prevent further harm.

[en. B.C. Reg. 62/2003, s. (c); am. B.C. Reg. 330/2010, s. 4.]

West Nile Virus testing disclosure

6.3   (1) The Provincial Health Officer may direct the British Columbia Centre for Disease Control to disclose relevant personal information identifying the source of blood samples being tested for West Nile Virus at its laboratory to the Canadian Blood Services agency.

(2) The Provincial Health Officer must authorize the disclosure of information in subsection (1) for use only by the Canadian Blood Services agency

(a) to determine whether it had received a donation of blood from those persons and to suspend distribution of that donated blood pending the results of laboratory analysis, and

(b) to determine whether it had provided those persons with donated blood.

(3) Repealed. [B.C. Reg. 92/2011.]

[en. B.C. Reg. 82/2010; am. B.C. Reg. 92/2011.]

Part 2

Repealed

7-10   Repealed. [B.C. Reg. 330/2010, s. 3.]

Repealed

11   Repealed. [B.C. Reg. 216/2011, s. 1 (a).]

Part 3

Repealed

12   Repealed. [B.C. Reg. 49/2009, s. 2 (b).]

Repealed

13   Repealed. [B.C. Reg. 51/2008.]

Part 4

Repealed

14-15   Repealed. [B.C. Reg. 49/2009, s. 2 (b).]

Repealed

16   Repealed. [B.C. Reg. 216/2011, s. 1 (a).]

Part 5

Repealed

17   Repealed. [B.C. Reg. 167/2018, s. (b).]

Repealed

18   Repealed. [B.C. Reg. 330/2010, s. 3.]

Repealed

19   Repealed. [B.C. Reg. 216/2011, s. 1 (a).]

Repealed

20   Repealed. [B.C. Reg. 49/2009, s. 2 (b).]

Schedule A

[am. B.C. Regs. 31/85; 189/94; 394/94; 45/96; 267/96, s. 1; 380/97; 147/98; 54/2000; 282/2000; 283/2000; 87/2001; 217/2001; 146/2002; 62/2003, s. (a); 155/2003; 244/2003; 43/2007, s. (b); 44/2007.]

List of Reportable Communicable Diseases

[reportable by all sources — section 2 (2)]

Acquired Immune Deficiency Syndrome
Anthrax
Botulism
Brucellosis
Cholera
Congenital infections:
 Toxoplasmosis, Rubella, Cytomegalovirus, Herpes Simplex, Varicella-zoster, Hepatitis B Virus,
Listeriosis and any other congenital infection
Creutzfeldt-Jacob Disease
Cryptococcus neoformans
Cryptosporidiosis
Cyclospora Infection
Diffuse Lamellar Keratitis (DLK)
Diphtheria:
 Cases
Carriers
Encephalitis:
 Post-infectious
Subacute sclerosing panencephalitis
Vaccine-related
Viral
Foodborne illness:
 All causes
Gastroenteritis epidemic:
 Bacterial
Parasitic
Viral
Genital Chlamydia Infection
Giardiasis
H5 and H7 strains of the Influenza virus
Haemophilus Influenzae Disease,
 All Invasive, by Type
Hantavirus Pulmonary Syndrome
Hemolytic Uremic Syndrome
Hemorrhagic Viral Fevers
Hepatitis Viral:
 Hepatitis A
Hepatitis B
Hepatitis C
Hepatitis E
Other Viral Hepatitis
Human Immunodeficiency Virus
Invasive Group A Streptococcal Disease
Invasive Streptococcus Pneumoniae Infection
Leprosy
Lyme Disease
Measles
Meningitis: All causes
 (i) Bacterial:
 Hemophilus
 Pneumococcal
Other
 (ii) Viral
Meningococcal Disease:
 All Invasive
Including Primary Meningococcal Pneumonia and Primary Meningococcal Conjunctivitis
Mumps
Neonatal Group B Streptococcus Infection
Paralytic Shellfish Poisoning (PSP)
Pertussis (Whooping Cough)
Plague
Poliomyelitis
Rabies
Reye's Syndrome
Rubella:
 Congenital Rubella Syndrome
Severe Acute Respiratory Syndrome
Smallpox
Tetanus
Transfusion Transmitted Infection
Tuberculosis
Tularemia
Typhoid Fever and Paratyphoid Fever
Venereal Disease:
 Chancroid
Gonorrhea - all sites
Syphilis
Waterborne Illness:
 All causes
West Nile Virus Infection
Yellow Fever

Schedule B

[am. B.C. Regs. 267/96 s. 2; 146/2002; 62/2003, s. (a); 155/2003; 244/2003; 410/2003; 43/2007, s. (c); 44/2007.]

List of Reportable Communicable Diseases

[reportable by laboratories only — section 2 (3)]

All specific bacterial and viral stool pathogens:
 (i) Bacterial:
  Campylobacter
Salmonella
Shigella
Yersinia
 (ii) Viral
Amoebiasis
Borrelia burgdorferi Infection
Cerebrospinal Fluid Micro-organisms
Chlamydial Diseases, including Psittacosis
Creutzfeldt-Jacob Disease
Cryptococcus neoformans
Herpes Genitalis
Human Immunodeficiency Virus
Influenza virus, including the H5 and H7 strains
Legionellosis
Leptospirosis
Listeriosis
Malaria
Q Fever
Rickettsial Diseases
Severe Acute Respiratory Syndrome
Smallpox
Tularemia
West Nile Virus Infection

Schedule C

Repealed. [B.C. Reg. 330/2010, s. 3.]

Schedule D

Repealed. [B.C. Reg. 51/2008.]

Schedule E

Repealed. [B.C. Reg. 330/2010, s. 3.]

[Provisions relevant to the enactment of this regulation: Public Health Act, S.B.C. 2008, c. 28, sections 111, 113, 114, 115, 121 (a) and (b) and 126 (5) and (8); Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, section 33]

 Section 1 definitions of "contact", "food handler," "modified isolation" and "strict isolation" BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

"contact" means a person who has been or is in association with an infected person or animal, or with a contaminated environment, and has had an opportunity of acquiring the infection;

"food handler" means a person engaged in the preparation, manufacture, storage, serving or sale of food or drink where the food or drink itself is handled, but does not include a person who only handles completely packaged food or drink;

"modified isolation" means

"strict isolation" means the complete segregation, in a room used for no other purpose, of an infected person from all persons except

 Section 2 (4) BEFORE amended by BC Reg 330/2010, effective November 19, 2010.

(4)  The medical health officer shall forward a report received under this section, within 7 days of receiving it, to the Provincial health officer, together with any further information requested by the Provincial health officer.

 Section 2 (6) was added by BC Reg 330/2010, effective November 19, 2010.

 Section 6.1 BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

 Voluntary testing

6.1  Where a person voluntarily submits himself to testing or examination for a communicable disease and, as a result of that voluntary test, another person is required to make a report to the medical health officer under section 2 or 3, no person shall disclose or permit to be disclosed to any person other than the medical health officer information contained in the report or the results of an examination or test, without the written consent of the person who so volunteered.

[en. B.C. Reg. 8/86.]

 Section 6.2 (2) BEFORE amended by BC Reg 330/2010, effective November 19, 2010.

(2)  Despite sections 4 (5) and 6.1,

(a) a physician who reasonably believes that another person may be at risk of harm from an index patient may provide any relevant information to the medical health officer, and

(b) on receiving information from a physician under paragraph (a), the medical health officer may

(i)  request further relevant information from the physician,

(ii)  require the index patient to undergo further examination and to provide further relevant information, and

(iii)  disclose to any person who may be at risk of harm any relevant information the medical health officer feels necessary to address the harm or to prevent further harm.

 Section 6.3 BEFORE re-enacted by BC Reg 82/2010, effective May 21, 2010.

 West Nile Virus testing disclosure

6.3  (1)  The Provincial Health Officer may direct the British Columbia Centre for Disease Control to disclose relevant personal information identifying the source of blood samples being tested for West Nile Virus at its laboratory to the Canadian Blood Services agency.

(2)  The Provincial Health Officer must authorize the disclosure of information in subsection (1) for use only by the Canadian Blood Services agency

(a) to determine whether it had received a donation of blood from those persons and to suspend distribution of that donated blood pending the results of laboratory analysis, and

(b) to determine whether it had provided those persons with donated blood.

(3)  This section is repealed May 21, 2010.

[en. B.C. Reg. 176/2009.]

 Section 6.3 BEFORE amended by BC Reg 92/2011, effective May 19, 2011.

 West Nile Virus testing disclosure

6.3  (1)  The Provincial Health Officer may direct the British Columbia Centre for Disease Control to disclose relevant personal information identifying the source of blood samples being tested for West Nile Virus at its laboratory to the Canadian Blood Services agency.

(2)  The Provincial Health Officer must authorize the disclosure of information in subsection (1) for use only by the Canadian Blood Services agency

(a) to determine whether it had received a donation of blood from those persons and to suspend distribution of that donated blood pending the results of laboratory analysis, and

(b) to determine whether it had provided those persons with donated blood.

(3)  This section is repealed May 21, 2011.

[en. B.C. Reg. 82/2010.]

 Section 7 BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

 Isolation of infected person

7  The medical health officer or a physician may order a person, whom he knows or suspects to be suffering from a reportable communicable disease, to be placed in strict or modified isolation.

 Section 8 BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

 Quarantine of susceptible person

8  The medical health officer or a physician may order a susceptible person, who is a contact of a person suffering from a reportable communicable disease, to be placed in quarantine.

 Section 9 BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

 Release by medical health officer

9  The medical health officer may release a person placed in isolation or quarantine by a physician if, in his opinion, the signs or symptoms of the illness are not consistent with a diagnosis of the reportable communicable disease.

 Section 10 BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

 Posting of notice

10  (1)  The medical health officer may sign and post the notice, set out in Schedule C, in a conspicuous place at the entrance to any premises where a person under quarantine is living.

(2)  and (3) Repealed. [B.C. Reg. 49/2009, s. 2 (b).]

(4)  In the event that the posted notice is removed, concealed or mutilated, the occupant of the premises on which the notice was posted shall, without delay, notify the medical health officer.

[am. B.C. Reg. 49/2009, s. 2 (b).]

 Section 11 (a) BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

(a) any article from premises where a person under isolation or quarantine is living, or

 Section 11 BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

 Removal of articles from quarantine

11  No person shall, without the written consent of the medical health officer, remove or permit to be removed

(a) Repealed. [B.C. Reg. 330/2010, s. 3.]

(b) any milk or milk products from a farm or dairy where a person, suffering from or a carrier of salmonellosis or campylobacteriosis, or other reportable communicable disease which may be spread by raw milk, is living, unless the milk or milk products are to be pasteurized before distribution or use.

[am. B.C. Reg. 330/2010, s. 3.]

 Section 16 BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

 Valid transit certificate

16  (1)  No person shall ship a dead body by rail, air, ship or truck without a valid transit certificate.

(2)  A properly completed burial permit, issued under the Vital Statistics Act, attached to the head of the box containing the casket constitutes a valid transit certificate.

 Section 17 (2) BEFORE amended by BC Reg 380/2012, effective March 18, 2013.

(2)  Subsection (1) does not apply if both parents or, if the father is not available, the mother give a written statement directing that subsection (1) not be followed in the case of their baby.

 Section 17 (3) (part) BEFORE amended by BC Reg 380/2012, effective March 18, 2013.

(3)  Before accepting a written statement under subsection (2), the physician or other qualified person assisting at the birth must inform the parents, or mother, as the case may be,

 Section 17 BEFORE repealed by BC Reg 167/2018, effective July 27, 2018.

Treatment of baby's eyes at birth

17   (1) A physician, or other qualified person, assisting at the birth of a baby must within one hour of the birth treat the eyes of the baby with a prophylactic solution of 1% tetracycline, 0.5% erythromycin, or 1% silver nitrate dispensed in single use containers.

(2) Subsection (1) does not apply if the parents, or, if one or more of the parents is not available, the birth mother, give a written statement directing that subsection (1) not be followed in the case of their baby.

(3) Before accepting a written statement under subsection (2), the physician or other qualified person assisting at the birth must inform the parents, or birth mother, as the case may be,

(a) why the treatment is recommended,

(b) what advantages should be anticipated from the treatment,

(c) what problems may arise if the treatment is not given, and

(d) what side effects may arise from the treatment.

[en. B.C. Reg. 254/95; am. B.C. Reg. 380/2012.]

 Section 18 BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

 Order of closure of public place

18  A medical health officer may order a publicly or privately operated school, public swimming pool, bathing beach, theatre, recreation hall or any other public gathering place to be closed for the purpose of controlling the spread of a communicable disease.

 Section 19 BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

 Contaminated pet food

19  No person shall offer for sale or sell as pet food meat containing micro-organisms capable of producing disease in humans.

 Schedule C BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

Schedule C

Notice of Quarantine

[Section 10 (1)]

Communicable Disease Quarantine

All persons within these premises are under quarantine. No one shall enter, leave or remove any article from these premises without the written consent of the medical health officer. Any person removing this notice without permission from the medical health officer is liable to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months, or to both a fine and imprisonment, and each day the offence continues constitutes a separate offence.

........................................................................................
Medical Health Officer

 Schedule E BEFORE repealed by BC Reg 330/2010, effective November 19, 2010.

Schedule E

[Section 20]

[en. B.C. Reg. 84/97; am. B.C. Regs. 209/97; 281/2004.]

List of Designated Places

1 Any hospital as defined in section 1 of the Hospital Act is designated as a place under section 11 (4) (e) of the Health Act for the purposes of detaining a person with a reportable communicable disease.

2 The following sites are designated as places under section 11 (4) (e) of the Health Act for the purpose of detaining a male person with tuberculosis:

Cells AS.01 and AS.02
North Fraser Pretrial Centre
1451 Kingsway Avenue
Port Coquitlam, British Columbia
V3C 1S2;

Medical Isolation Unit, Rooms 225, 226, 227
Surrey Pretrial Services Centre
14323 — 57th Avenue
Surrey, British Columbia
V3X 1B1

3 The following site is designated as a place under section 11 (4) (e) of the Health Act for the purpose of detaining a female person with tuberculosis:

Segregation 1, Rooms 201, 202, 203
Surrey Pretrial Services Centre
14323 — 57th Avenue
Surrey, British Columbia
V3X 1B1