The Health
Act, administered by the Minister of Health
Services, deals with a range of issues intended to protect the health
of the public. While not directly
concerned with watershed governance, the Act may be useful to watershed
protection advocates when environmental issues are serious enough to pose an
actual threat to human health.
Health Hazards
Much of the Health Act
is concerned with preventing health hazards.
Health hazards include any “condition or thing that does or is likely
to”:
·
endanger the public health, or
·
prevent or hinder the prevention or suppression of
disease.
In addition, the provincial
Cabinet can pass regulations defining any “condition or thing” as a health
hazard or setting standards after which a “condition or thing” may become a
health hazard.
While much of the Health Act
focuses on hazards related to disease and sanitation, it seems reasonably clear
that any toxic chemical or situation can be a health hazard if it is likely to
“endanger the public health.”
Medical Health Officers
Under the Health Act
every municipality (or in some cases a regional board, with the permission of
the Minister) in the province must appoint a Medical Health Officer. The Medical Health Officer will act as the
“chief health and sanitary official” for the municipality, and may be given
additional responsibilities by the municipal government.
Any person who causes or allows
the discharge of a substance into the environment that may cause a health
hazard must promptly notify the medical health officer (as well as taking
measures to stop the discharge).
The Medical Health Officers has
powers under the Health Act that include:
·
power (and responsibility) to prepare an annual report
on the sanitary condition of the municipality or regional district ; (s. 49(4))
·
powers to investigate whether a health hazard exists
and/or whether the Act is being complied with; (s. 61)
·
power to order such steps as needed to protect public
health (s. 63)
The above is not a complete
list of the medical health officer’s powers, but are those most directly
related to detecting and dealing with public health hazards.
In addition to Medical Health
Officers appointed by local government, the province must appoint a Provincial
Health Officer to oversee public health across the province. The Provincial Health Officer advises the
provincial government on matters related to public health and may establish standards
for medical health officers across the province. The Provincial Health Officer is part of the Ministry of Health Planning.
Local Boards of Health
The council of each
municipality can also act as a Local Board of Health under the Health Act. It is less clear whether a regional district
board can act as a Local Board of Health, although it may well be able to do
so. As a local board of health, the
local government is responsible for overseeing the public health of its
citizens. Accordingly it is given a range
of powers to identify and address public health hazards.
A local board:
·
must periodically inspect areas in its jurisdiction for
health hazards or unsanitary conditions; (s. 55)
·
must draft an annual report on the sanitary conditions
of its jurisdiction for the Minister; (s. 49)
·
must investigate information of a health hazard or
unsanitary conditions reported by a person affected, any 2 inhabitants of the
area, any officer of the local board or any police officer from the area; (ss.
57-58) this investigation may involve hearing from witnesses or holding a
public hearing; and
·
may order the owner of land on which it, or the medical
health officer, believes a health hazard is occurring to terminate the health
hazard. (s. 59)
The above is not a complete list
of local board powers and responsibilities.
Regulations
The provincial cabinet can pass
regulations under the Health Act to prevent disease. Several regulations have been passed that may be of use to
watershed protection advocates:
·
The Agricultural Waste Control Regulation, passed both
under the Health Act and the Waste Management Act, creates a Code
governing the disposal of waste from agricultural operations. For more information see the Guide page on Waste Management Act Regulations.
·
The Organic
Matter Recycling Regulation regulates large scale composting operations
and/or use of bio-solids. It sets
standards to ensure that public health is protected.
·
The Safe Drinking Water Regulation requires people to get a permit before
commencing construction, alteration or extension of a waterworks system. The
Regulation also ensures that all people receive potable water and that if water
fails to meet standards that people are notified.
·
The Sewage Disposal
Regulation requires that all domestic sewage originating from buildings be
discharged into a public sewer where possible, or that an approved sewage disposal
system is developed where not. Permits
to build sewage disposal systems are appeallable to the Environmental Appeal
Board. For more information see the Sewage Disposal
Regulation page.
Related Guide Pages:
·
Sewage Disposal Regulation
·
Waste Management Act Regulations
For more information about the Health Act
and public health:
·
The electronic text of the Health Act.
·
The Provincial
Health Officer’s website.
·
Canadian Association of
Physicians for the Environment website.
