B.C. Reg. 42/2004
M29/2004
Deposited February 12, 2004
This archived regulation consolidation is current to August 5, 2005 and includes changes enacted and in force by that date. For the most current information, click here.

Community Charter

PUBLIC HEALTH BYLAWS REGULATION

Definitions

1 In this regulation:

"Act" means the Community Charter;

"medical health officer" has the same meaning as in the 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;

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

"PHSA" means the Provincial Health Services Authority, a society incorporated under the Society Act;

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

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 Nisga'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).

 

[Provisions of the Community Charter, S.B.C. 2003, c. 26, relevant to the enactment of this regulation: section 9]


Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada