Legislation

Compendium - The Health Protection and Promotion Amendment Act, 2010

The proposed Health Protection and Promotion Amendment Act, 2010 (the Proposed Act) would, if passed, amend the Health Protection and Promotion Act (HPPA) as described below. 

The HPPA would be amended to require the approval of the Minister and the Chief Medical Officer of Health in order to appoint an acting medical officer of health for a term of six months or more.

The HPPA currently permits the Minister, on the advice of the Chief Medical Officer of Health, to make an order for the possession of premises or a part of a premises to be used as a temporary isolation facility if there exists or is an immediate risk of an outbreak of a communicable disease in Ontario. The Proposed Act would amend the HPPA to provide that the Minister may make an order for the possession of  publicly owned premises or a part of a publicly owned premises for public health purposes if the Chief Medical Officer of Health is of the opinion that there exists or that there is an immediate risk of an outbreak of a communicable disease or there is an immediate risk to the health of persons in Ontario.

The Proposed Act would amend the HPPA to provide that the Chief Medical Officer of Health may issue a directive to any board of health or medical officer of health requiring the adoption or implementation of certain policies or measures, if there exists or there is an immediate risk of a provincial, national or international public health event, a pandemic or an emergency with health impacts in Ontario, and the policies or measures are necessary to support a coordinated response or otherwise to protect the health of persons.  Directives could relate to infectious diseases, environmental health, public health emergency preparedness or a matter prescribed in regulations made by the Minister.  A directive could not be in force for more than six months unless the Chief Medical Officer of Health consults with every affected board of health and medical officer of health before re-issuing the directive.

The Proposed Act would amend the HPPA to provide regulation-making authority for the Minister to further define specific terms in the regulations under the Act and to prescribe additional matters for which the Chief Medical Officer of Health may make directives under clause 77.9 (2) (d). The Proposed Act would also amend the HPPA to make it an offence to fail to comply with a directive issued by the Chief Medical Officer of Health pursuant to the new power described above.

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