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"Point in Time" Regulation Content

Public Health Act

Public Health Act Transitional Regulation

B.C. Reg. 51/2009

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 4 September 9, 2011
Section 5 March 31, 2012
Section 6 December 2, 2011
Section 7 December 2, 2011
Section 8 March 30, 2012
Section 9 to 11 September 9, 2011
Section 12 June 28, 2010
Section 13 October 8, 2010
Section 14 December 2, 2011
Section 16 September 9, 2011
Section 17 December 2, 2011
Section 18 December 2, 2011

 Regulation BEFORE repealed by BC Reg 167/2018, effective January 1, 2019.

B.C. Reg. 51/2009
O.C. 128/2009
Deposited March 2, 2009
effective March 31, 2009

Public Health Act

Public Health Act Transitional Regulation

[includes amendments up to B.C. Reg. 70/2012, March 31, 2012]

Part 1 — Interpretation and Application of Regulations

Interpretation

1   (1) In this regulation, "Act" means the Public Health Act.

(2) A reference in a regulation made under the Health Act to

(a) the Health Act is to be read as a reference to the Act, and

(b) a public health inspector or a sanitary inspector is to be read as a reference to an environmental health officer.

Health Act regulations apply

2   A regulation made under the Health Act continues to apply for the purposes of the Act, subject to any modifications, express or implied, made to it by the Act or this regulation.

Part 2 — Disease

Infectious agents

3   (1) For the purposes of applying the Health Act Communicable Disease Regulation, B.C. Reg. 4/83,

(a) except in section 18 of the regulation, "communicable disease" and "infectious agent" have the same meaning as in the Act,

(b) all provisions of that regulation also apply to the communicable diseases

(i) chancroid,

(ii) granuloma inguinale, and

(iii) lymphogranuloma venereum

as if those communicable diseases had been prescribed as reportable communicable diseases under Schedule A of that regulation, and

(c) all provisions of that regulation also apply to the organisms

(i) Haemophilus ducreyi, and

(ii) Klebsiella granulomatis

as if those organisms had been prescribed as reportable communicable diseases under Schedule B of that regulation.

(2) The following are prescribed as infectious agents for the purposes of all sections of the Act, except section 17, that refer to an infectious agent or an infected person:

(a) a reportable communicable disease within the meaning of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83;

(b) a communicable disease or organism listed in subsection (1) (b) or (c).

Part 3

Repealed

4   Repealed. [B.C. Reg. 161/2011, s. 1 (b).]

Repealed

5   Repealed. [B.C. Reg. 69/2012, s. (a).]

Repealed

6-7   Repealed. [B.C. Reg. 216/2011, s. 1 (b).]

Repealed

8   Repealed. [B.C. Reg. 70/2012, s. (b).

Repealed

9-11   Repealed. [B.C. Reg. 161/2011, s. 1 (b).]

Repealed

12   Repealed. [B.C. Reg. 209/2010, s. 2.]

Repealed

13   Repealed. [B.C. Reg. 296/2010, s. (b).]

Repealed

14   Repealed. [B.C. Reg. 216/2011, s. 1 (b).]

Part 4 — Other Transitional Matters

Reporting of toxic spills

15   In addition to satisfying the requirements of the Environmental Management Act, a person who causes or permits the discharge into the land, water or air of a substance that is a health hazard must

(a) promptly notify a medical health officer in writing of the matters set out in section 11 of the Act, as well as the time, duration and quantity of the discharge of the substance, and

(b) take immediate action to mitigate and cease the discharge.

Repealed

16   Repealed. [B.C. Reg. 161/2011, s. 1 (b).]

Repealed

17-18   Repealed. [B.C. Reg. 216/2011, s. 1 (b).]

[Provisions relevant to the enactment of this regulation: Public Health Act, S.B.C. 2008, c. 28, sections 111, 113, 114, 115, 123, 124, 126 (8) and 127 (2)]

 Section 4 BEFORE repealed by BC Reg 161/2011, effective September 9, 2011.

 Code of Practice for Soil Amendments

4  For the purposes of applying the Code of Practice for Soil Amendments, B.C. Reg. 210/2007, the storage and application to land of soil amendments within the meaning of that regulation are prescribed as regulated activities.

 Section 5 BEFORE repealed by BC Reg 69/2012, effective March 31, 2012.

 Food Premises Regulation

5  For the purposes of applying the Food Premises Regulation, B.C. Reg. 210/99,

(a) conditions that may cause food to be contaminated are prescribed as health hazards,

(b) potentially hazardous food within the meaning of that regulation is prescribed as a health hazard, and

(c) the operation of food premises to which that regulation applies is prescribed as a regulated activity.

 Section 6 BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

 Health Act Communicable Disease Regulation

6  For the purposes of applying the Health Act Communicable Disease Regulation, B.C. Reg. 4/83,

(a) the handling and transportation of a dead body is prescribed as a regulated activity, and

(b) pet food meat containing micro-organisms capable of producing disease in humans is prescribed as a health hazard.

 Section 7 BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

 Health Hazard Regulation (unpasteurized milk)

7  Milk for human consumption that has not been pasteurized at a licensed dairy plant in accordance with the Milk Industry Act is prescribed as a health hazard.

 Section 8 BEFORE repealed by BC Reg 70/2012, effective March 30, 2012.

 Industrial Camps Health Regulation

8  For the purposes of applying the Industrial Camps Health Regulation, B.C. Reg. 427/83, the operation of a camp to which that regulation applies is prescribed as a regulated activity.

 Section 9 to 11 BEFORE repealed by BC Reg 161/2011, effective September 9, 2011.

 Organic Matter Recycling Regulation

9  For the purposes of applying the Organic Matter Recycling Regulation, B.C. Reg. 18/2002, the production, distribution, storage, sale, use or application to land of biosolids or compost to which that regulation applies are prescribed as regulated activities.

 Personal Service Establishments Regulation

10  For the purposes of applying the Personal Service Establishments Regulation, B.C. Reg. 202/83, the operation of a personal service establishment within the meaning of that regulation is prescribed as a regulated activity.

 Public Place Sanitary Facilities Regulation

11  For the purposes of applying the Public Place Sanitary Facilities Regulation, B.C. Reg. 94/82, the operation of a public place within the meaning of that regulation is prescribed as a regulated activity.

 Section 12 BEFORE repealed by BC Reg 209/2010, effective June 28, 2010.

 Sewerage System Regulation

12  For the purposes of applying the Sewerage System Regulation, B.C. Reg. 326/2004,

(a) a "health hazard" within the meaning of that regulation is prescribed as a health hazard, and

(b) the construction and maintenance of a holding tank or sewerage system described in section 2 of that regulation are prescribed as regulated activities.

 Section 13 BEFORE repealed by BC Reg 296/2010, effective October 8, 2010.

 Swimming Pool, Spray Pool and Wading Pool Regulations

13  For the purposes of applying the Swimming Pool, Spray Pool and Wading Pool Regulations, B.C. Reg. 289/72, the construction and operation of pools, portable instruction pools and therapeutic pools within the meaning of that regulation are prescribed as regulated activities.

 Section 14 BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

 West Nile Virus Control Regulation

14  For the purposes of applying the West Nile Virus Control Regulation, B.C. Reg. 357/2004,

(a) a health hazard prescribed under section 2 of that regulation is prescribed as a health hazard for the purposes of the Act, and

(b) the application of pesticides for the purposes of preventing or removing a health hazard prescribed under section 2 of that regulation is prescribed as a preventive measure.

 Section 16 BEFORE repealed by BC Reg 161/2011, effective September 9, 2011.

 No fee for use of public toilet

16  (1)  In this section, "public toilet" means a toilet that is located in a place to which the public has access, whether or not a fee is charged for that access, but does not include a toilet that is located in a private dwelling.

(2)  A person who owns, occupies or has control of a place other than a private dwelling must not

(a) demand or require payment for the use of a public toilet, or

(b) have control of, or permit a person to install, a public toilet that operates or is accessible only on payment.

(3)  A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $2 000.

 Section 17 BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

 Duties of landlords

17  (1)  In this section:

"landlord", "rental unit", and "tenant" have the same meaning as in the Residential Tenancy Act;

"rental accommodation" means a rental unit to which the Residential Tenancy Act applies.

(2)  A landlord must not rent a rental unit that is not connected to a waterworks system unless the landlord can provide the tenant with a supply of safe and potable water for domestic purposes.

(3)  Unless permitted under another enactment, a landlord must not rent a rental unit that does not have

(a) at all times at least 384 cubic feet of airspace for each tenant, and

(b) a window that may be opened by tenants of the rental unit.

 Section 18 BEFORE repealed by BC Reg 216/2011, effective December 2, 2011.

 Distance of wells from possible source of contamination

18  (1)  A person who sinks or digs a well after section 42 of the Sanitary Regulations, B.C. Reg. 142/59, was first enacted must ensure that the well is located at least

(a) 100 feet from any probable source of contamination,

(b) 20 feet from any private dwelling, and

(c) unless contamination of the well would be impossible because of the physical conformation, 400 feet from any cemetery or dumping ground.

(2)  A person who controls a well sunk or dug before section 42 of the Sanitary Regulations was first enacted must

(a) remove any source of contamination within the distances set out in subsection (1), or

(b) subject to subsection (3), abandon and fill the well.

(3)  Subsection (2) (b) does not apply to a well located within 20 feet of a private dwelling unless it can be shown that the well should be abandoned for a reason other than proximity to a private dwelling.