| B.C. Reg. 52/2009 O.C. 129/2009 | Deposited March 2, 2009 effective March 31, 2009 |
Link to Point in Time
Public Health Act
Public Health Inspections
and Orders Regulation
[includes amendments up to B.C. Reg. 163/2010, July 1, 2010]
| Contents | ||
|---|---|---|
| 1 | Definition | |
| 2 | Recovery of costs by health authorities | |
| 3 | Service of orders | |
| 4 | Reassessment of orders | |
| 5 | Applications to court | |
| 6 | Certificates of danger to public health | |
| Schedule | ||
Recovery of costs by health authorities
2 (1) If a health officer or health authority does work or contracts for work to be done under section 33 (1) (c) [ordering others to comply and entering to take action] of the Act, the health officer or health authority may recover reasonable costs from the person who was subject to the original order by filing in the Supreme Court a certificate in the form set out as Form 1 of the Schedule.
(2) A certificate may be served personally on, or by registered mail sent to the last known address of, the person who was subject to the original order.
(3) If a certificate is sent by registered mail, the certificate is deemed to be served on the person to whom it is addressed on the 14th day after deposit with Canada Post unless the person received actual service before that day.
(4) On receiving a certificate, the person who was subject to the original order may request the Supreme Court to review the amount owing by filing an application in accordance with the Supreme Court Civil Rules.
(5) A review must be a review of the reasonableness of the costs of the work done only and not a review of the reasonableness of the original order.
(6) A decision of the Supreme Court under this section is final and is not subject to appeal.
[am. B.C. Reg. 163/2010.]
Service of orders
3 (1) Orders and notices of variations of orders may be served on a person who is affected by the order or notice as follows:
(b) by registered mail sent to the person's last known address;
(c) by electronic mail sent to the person's last known electronic mail address;
(d) if the order is in respect of a place, by posting it at a conspicuous location on the place;
(e) if the order is in respect of a class of persons, by
(i) delivering it to each person in the class through one or more of the methods set out in paragraphs (a), (b) or (c), or
(ii) if, in the opinion of a medical health officer, delivery to each person would be impractical in the circumstances or would be likely to cause a delay that could significantly increase the risk to the health of any person, by both delivering the notice by any communications media and posting the order at the location where it is most likely to be brought to the attention of the members of the class.
(2) If an order or notice is sent by registered mail, the order or notice is deemed to be served on the person to whom it is addressed on the 14th day after deposit with Canada Post unless the person received actual service before that day.
(3) Subject to subsection (4), if an order or notice is sent by electronic mail, the order or notice is not effectively served unless all of the following conditions are met:
(a) the person who is subject to the order or notice confirms that the order or notice was received;
(i) both verbally and by electronic mail,
(ii) by fax, including the person's signature, or
(iii) in writing, including the person's signature;
(c) the confirmation is received by the person who served the order or notice, or a person acting on his or her behalf, no later than 96 hours after the electronic message was sent.
(4) Subsection (3) (c) does not apply if the person who is the subject of the order confirms, in writing, after the expiry of the 96 hour period that the order
Reassessment of orders
4 (1) A person may request reassessment of an order under section 45 of the Act only if the person is affected by an order made under section 29 (2) (a) [to remain in a place or not enter a place] or (g) [to take preventive measures] of the Act.
(2) The request must be made in writing to the medical health officer who issued the order, stating the reasons why the order should be reassessed.
(3) Within 72 hours of receiving a request for reassessment, a medical health officer must consider whether the order is, or conditions within the order are, no longer necessary to protect public health.
(4) On reassessment, a medical health officer must take into account any comments made
(a) by a person specified in the order under section 29 (2) (c) to (f) of the Act, and
(b) respecting the clinical condition of the person affected by the order, by a health care professional having the supervision or care of that person.
(5) A second request for reassessment may be made in accordance with subsection (2) not earlier than 7 days following the first request.
(6) A third or subsequent request for reassessment may be made in accordance with subsection (2) not earlier than 14 days following the previous request.
Applications to court
5 (1) An application to court may be made by submitting information on oath in the following form:
(a) for a warrant under section 47 of the Act, Form 2 of the Schedule;
(b) for an order described in section 49 (3) or (4) [protect public health] of the Act, Form 3 of the Schedule.
(2) An application for a warrant under section 47 of the Act may be made
(b) if the health officer making the application believes it would be impracticable to appear in person, by telephone or other means of telecommunication.
(3) A warrant may be issued in the following form:
(a) for a warrant under section 47 of the Act, Form 4 of the Schedule;
(b) for a warrant under section 49 (4) of the Act, Form 5 of the Schedule;
(c) for a warrant under section 50 (4) of the Act, Form 6 of the Schedule.
(4) An application to court for
(a) an injunction under section 48 of the Act, or
(b) an order described in section 50 (3) or (4) [protect personal health] of the Act
may be made by filing an application in accordance with the Supreme Court Civil Rules.
[am. B.C. Reg. 163/2010.]
Certificates of danger to public health
6 A medical health officer may detain a person under section 49 (5) [detention by medical health officer to protect public health] of the Act by signing a certificate as set out in Form 7 of the Schedule.
[sections 2, 5 and 6 – recovery of costs, applications to court and certificates of danger to public health]
Form 1 Public Health Inspections and Orders Regulation
(Public Health Act sections 33 (1) (c) and 35)
No. ..............................
.............................. Registry
In the Supreme Court of British Columbia
RECOVERY OF COSTS CERTIFICATE
Between
Creditor
and
Debtor(s)
I, ..........[name of health officer or corporate executive officer of health authority].......... of ..........[name of health authority].......... having authority to file certificates under section 35 (1) of the Public Health Act, CERTIFY THAT:
1. the Debtor(s) ..........[names of debtor(s)].......... is/are subject to an order by the Creditor, ..........[name of health officer or corporate executive officer of health authority].......... issued on ..........[date order was issued].........., a copy of which is attached to this certificate and forms part of this certificate;
2. the Debtor(s) is/are not adequately complying with, or did not adequately comply with, the order;
3. the Creditor did work or contracted for work to be done under section 33 (1) (c) of the Public Health Act to prevent or remove, or mitigate the harmful effects of, the health hazard that is the subject of the order;
4. as a result of the work done or contracted to be done, the Debtor(s) owe(s) the Creditor the total amount set out below: [Complete the required information in the table below.]
| Description of Cost | Date Incurred | Manner in Which Cost Incurred | Amount |
| 1 | [dd/mmm/yyyy] | $.......... | |
| 2 | [dd/mmm/yyyy] | $.......... | |
| Total Amount Owing to Creditor | $.......... |
| Date: ...................[dd/mmm/yyyy].................................... | ......................................................................... Signature of health officer or corporate executive officer of health authority |
TAKE NOTICE that on filing with the Supreme Court of British Columbia, this certificate has the same effect, and proceedings may be taken on it, as if it were a judgment of the Supreme Court for the recovery of a debt in the amount stated above.
IF YOU INTEND TO REQUEST A REVIEW of the amount owing in this certificate, YOU MUST REQUEST a review by the Supreme Court of British Columbia in accordance with the Public Health Inspections and Orders Regulation within 30 days of being served with a copy of this certificate.
Court registry address:
Health authority address for service: [Set out the street address of the address for service of documents.]
Health officer or corporate executive officer of health authority:
Name:
Telephone:
Fax number (if any):
Email (if any):
SUP829 01/2009
[Provisions of the Public Health Act, S.B.C. 2008, c. 28, relevant to the enactment of this regulation: sections 117 and 118]
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