This is part of an archived statute consolidation that is current to November 5, 2001 and includes changes enacted and in force by that date.

"Point in Time" Act and Supplement Content

HEALTH ACT
[RSBC 1996] CHAPTER 179

NOTE: Links below go to act and supplement content as it was prior to the changes made on the effective date.
SECTION EFFECTIVE DATE
1 April 11, 2001
1.1 April 11, 2001
8 April 11, 2001
  April 21, 1997
34.1 April 11, 2001
58 April 11, 2001
59 April 11, 2001
60 April 11, 2001
61 April 11, 2001
61.1 April 11, 2001
62 April 11, 2001
63 April 11, 2001
71 April 11, 2001
74 April 11, 2001
103 April 11, 2001
104 April 11, 2001
104.1 April 11, 2001
Supplement April 11, 2001

Section 1 definition of "health hazard" BEFORE amended by 2001-9-67 effective April 11, 2001 (Royal Assent).

"health hazard" means a condition or thing that does or is likely to

(a) endanger the public health, or

(b) prevent or hinder the prevention or suppression of disease

and includes a prescribed condition or thing or a prescribed condition or thing that fails to meet a prescribed standard;

Section 1 definition of "issuing official" was added by 2001-9-67 effective April 11, 2001 (Royal Assent).

Section 1 definition of "owner" BEFORE amended by 2001-9-67 effective April 11, 2001 (Royal Assent).

"owner" means, in relation to land or premises, the person who receives the rent of the land or premises, whether on the person's own account or as agent or trustee for any other person, or who would receive the rent if the land or premises were let and, for the purposes of sections 61 to 63, includes an occupier of the land or premises;

Section 1 definition of "private dwelling" was added by 2001-9-67 effective April 11, 2001 (Royal Assent).


Section 1.1 was enacted by 2001-9-68 effective April 11, 2001 (Royal Assent).


Section 8(2)(e) BEFORE changes were made by 2001-43-4 effective April 21, 1997 [retro from November 1, 2001 (BC Reg 258/01)].

(e) for regulating the plumbing to be installed in buildings, including the materials to be used therein buildings and the pipes, drains and all means of connection with sewers and the taps and all apparatus in connection with those pipes, drains and other means of connection, and the keeping, cleansing and repairing of them;

Section 8(6) was added by 2001-9-70 effective April 11, 2001 (Royal Assent).


Section 34.1 was added by 2001-9-71 effective April 11, 2001 (Royal Assent).


Section 58 BEFORE changes were made by 2001-9-72 effective April 11, 2001 (Royal Assent).

58 (1) If information has been given to a local board under section 57, the local board must

(a) investigate the cause of the complaint, and

(b) hear the testimony of all persons who may be produced before it to testify about the matter.

(2) A local board or any 2 of its members have the same authority as a justice to require and compel the attendance of witnesses and the giving of evidence.


Section 59(1) BEFORE changes were made by 2001-9-73 effective April 11, 2001 (Royal Assent).

59 (1) If the local board is satisfied on reasonable grounds of the existence of the health hazard, it must serve a notice on the owner of the land or premises on which the health hazard exists or from which the health hazard arises, whether the health hazard arises or continues by or from the act, default or sufferance of the owner, or of the owner's tenant or the occupier of the land or premises, or from the nature of the premises themselves if they are unoccupied, requiring the owner to

(a) terminate the health hazard within a time to be specified in the notice, and

(b) execute the works and do the things necessary for the purpose of terminating the health hazard.

Section 59(2) BEFORE changes were made by 2001-9-73 effective April 11, 2001 (Royal Assent).

(2) If it appears that the health hazard does not arise or is not continued by the act or default of the owner or occupier of the premises, or from the nature of the premises themselves, and it is therefore improper that the owner should be required to terminate the health hazard, the local board may terminate the health hazard at the expense of the municipality, if in a municipality, and if in a rural area, then, subject to the approval of the Minister of Finance and Corporate Relations, out of money voted by the Legislature available for the purposes of this Act.

Section 59(3) and (4) were added by 2001-9-73 effective April 11, 2001 (Royal Assent).


Section 60 BEFORE repealed by 2001-9-75 effective April 11, 2001 (Royal Assent).

Termination of health hazards existing outside local board jurisdiction

60 (1) If a health hazard in a municipality or health district appears to be wholly or partially caused by an act or default committed outside of the municipality or health district, the local board of the municipality or health district may take against the person by whose act or default the health hazard is caused in whole or in part any proceedings in relation to health hazards, authorized by this Act, with the same incidents and consequences as if the act or default were committed or took place wholly within its jurisdiction.

(2) Despite subsection (1), summary proceedings must not be taken otherwise than before a court having jurisdiction in the municipality or health district where the act or default is alleged to be committed or take place.

(3) If a health hazard in a health district appears to be wholly or partially caused by an act or default committed in a municipality, the local board of the health district may take the same steps for compelling the termination of the health hazard as if the health hazard was caused or wholly arose within its jurisdiction.


Section 61 BEFORE re-enacted by 2001-9-76 effective April 11, 2001 (Royal Assent).

Inspection of public or private place

61 (1) A health officer, medical health officer or public health inspector may, with the consent of the owner or pursuant to an order under section 62, inspect any public or private place for the purpose of determining the presence of a health hazard or determining whether this Act and the regulations are being complied with.

(2) A health officer, medical health officer or public health inspector making an inspection under subsection (1) may

(a) at any reasonable hour enter in or on the place that is the subject of the inspection,

(b) require the production of any books, records or other documents that are relevant to the purpose of the inspection and examine them, make copies of them or remove them temporarily for the purpose of making copies,

(c) inspect and take samples of any substance, food, medication, equipment or any other thing being used or stored in or on the place, and

(d) perform tests, take photographs or make recordings in respect of the place.

(3) If a health officer, medical health officer or public health inspector removes any books, records or other documents under subsection (2) (b), the officer or inspector must

(a) give a receipt for the items to the person from whom they were taken, and

(b) promptly return the items to the person from whom they were taken when the items have served the purposes for which they were taken.


Section 61.1 was enacted by 2001-9-76 effective April 11, 2001 (Royal Assent).


Section 62(1) BEFORE amended by 2001-9-77 effective April 11, 2001 (Royal Assent).

62 (1) If the owner of a place

(a) refuses to allow a health officer, medical health officer or public health inspector to exercise powers under section 61, or

(b) hinders or interferes with a health officer, medical health officer or public health inspector in the exercise of those powers,

the Supreme Court, on application by the health officer, medical health officer or a public health inspector, may order that the owner do or refrain from doing those things the court considers necessary in order that the health officer, medical health officer or public health inspector can exercise the powers.


Section 63(1) to (3) BEFORE amended by 2001-9-78 effective April 11, 2001 (Royal Assent).

63 (1) If, after an inspection under section 61, the health officer, medical health officer or public health inspector has reasonable and probable grounds to believe that

(a) a health hazard exists in or on the public place or private place that was the subject of the inspection, or

(b) the place or the owner of it is in contravention of this Act or the regulations,

the health officer, medical health officer or public health inspector may issue a written order under this section.

(2) An order must be directed to and served on the owner and must set out the reasons it was made, what the owner is required to do and the time within which it must be done.

(3) If the order is directed to an owner who is not the registered owner, a copy of the order must also be promptly served on the registered owner.

Section 63(5) and (6) BEFORE amended by 2001-9-78 effective April 11, 2001 (Royal Assent).

(5) If the delay necessary to put an order under this section in writing will or is likely to increase substantially the impact of the health hazard on the health of any person, the health officer, medical health officer or public health inspector may issue the order orally.

(6) As soon as is reasonably possible after issuing an oral order under subsection (5), the health officer, medical health officer or health inspector must serve a written version of the order on the owner in accordance with subsections (2) and (3).


Section 71 BEFORE repealed by 2001-9-79 effective April 11, 2001 (Royal Assent).

Loss over $2 000

71 (1) A determination or order of a local board for the removal or termination of a health hazard must not be enforced, except by order of the Supreme Court, if the removal or termination involves the loss or destruction of property of the value of $2 000 or more.

(2) On an application to the Supreme Court, the order of the local board is not conclusive evidence that the matter or thing complained of was or is in fact a health hazard.


Section 74(1) BEFORE amended by 2001-9-80 effective April 11, 2001 (Royal Assent).

74 (1) All reasonable costs and expenses incurred in terminating a health hazard or unsanitary condition are deemed to be money paid for the use and at the request of the person

(a) by whose act, default or sufferance the condition or health hazard was caused, or

(b) who is responsible for the health hazard or condition,

and the costs and expenses may be recovered by the local board or person incurring them, under ordinary process of law.

Section 74(3) BEFORE amended by 2001-9-80 effective April 11, 2001 (Royal Assent).

(3) In the case of an owner, the costs and expenses

(a) may, by certificate of the health officer or local board filed with the municipality or with the Minister of Finance and Corporate Relations, as the case may be, be added to the tax roll against the property of the owner, and

(b) may be collected in the same manner as taxes in arrears under the Local Government Act or the Taxation (Rural Area) Act.


Section 103 BEFORE amended by 2001-9-81 effective April 11, 2001 (Royal Assent).

103 A person who

(a) in any manner, prevents or obstructs the minister or a member of the local board, a health officer, a public health inspector or any person authorized by the minister or by a member of the local board from entering any premises subject to this Act and inspecting anything in the premises, or

(b) obstructs or impedes any of the persons referred to in paragraph (a) in the performance of their duties in carrying out the provisions of this Act

is liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months, or to both, and each day the offence continues constitutes a separate offence.


Section 104 BEFORE re-enacted by 2001-9-82 effective April 11, 2001 (Royal Assent).

Offence and penalty

104 (1) It is an offence to contravene this Act or a regulation, bylaw, order, direction or permit made under this Act and every day the contravention continues constitutes a separate offence.

(2) The penalty for an offence under subsection (1) for which this Act does not provide a penalty is a fine not exceeding $2 000 or imprisonment for a term not exceeding 6 months, or both.


Section 104.1 was enacted by 2001-9-82 effective April 11, 2001 (Royal Assent).


Supplement BEFORE repealed by 2002-12-13 effective April 11, 2002 (Royal Assent).

[Supplement]

HEALTH ACT

[RSBC 1996] CHAPTER 179

[Updated to September 6, 2000]

Sections Repealed

1 and 2  [Repealed 1999-38-29.] 

3 Section 8 (4) of the Act is repealed and the following substituted:

(4) If a person is aggrieved by

(a) the issue or the refusal of a permit for a sewage disposal system,

(b) the authorization to use, operate or cover a sewage disposal system,

(c) the refusal to authorize the use, operation or covering of a sewage disposal system, or

(d) a term or condition attached to a permit or authorization described in paragraph (a) or (b),

under a regulation made under subsection (2) (m), the person may appeal that ruling to the Environmental Appeal Board established under section 11 of the Environment Management Act within 30 days of the ruling.

1993-55-10 (part).

Section Repealed

4 [Repealed 1999-38-29.]

Sections Spent

5 and 6 [Spent]

Commencement

7 Sections 1 to 6 come into force by regulation of the Lieutenant Governor in Council.

1981-11-45; 1993-35-100; 1993-48-40; 1993-55-34 (2).


Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada