Public Health Act
Consolidated act- Citation
- S.N.W.T. 2007, c.17
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by Miscellaneous Statute Law Amendment Act, 2020
- s.1 amended by Naturopathic Profession Statutes Amendment Act
- s.1 amended by Nursing Profession Act
- s.28 amended by Miscellaneous Statute Law Amendment Act, 2011
- s.33 amended by Health and Social Services Professions Act
- s.33 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.38 amended by Health Information Act
- s.39 amended by Health Information Act
- s.43 amended by Document Formalization, Service and Notice Reform Statute Law Amendment Act
- s.50 amended by Health Statutes Amendment Act (Cremation Services)
- s.52 amended by R.S.N.W.T. 1988, c.P-12, is deemed, on the coming into force of this section, to have been appointed as a public health officer for the purposes of this Act
- s.53 repealed by Miscellaneous Statute Law Amendment Act, 2010
- s.1 Dental Profession Act
- s.1 Medical Profession Act
- s.1 Midwifery Profession Act
- s.1 Nursing Profession Act
- s.4 Medical Profession Act
- s.33 Medical Profession Act
- s.33 Health and Social Services Professions Act
- s.34 Arbitration Act
- s.38 Health Information Act
- s.39 Access to Information and Protection of Privacy Act
- s.39 Health Information Act
- Acts
- Education Act, s.7
- Employment Standards Act, s.30.3 → s.50(1)(r)
- Employment Standards Act, s.30.3
- Employment Standards Act, s.30.3
- Employment Standards Act, s.30.3 → s.32
- Employment Standards Act, s.41
- Employment Standards Act, s.41 → s.32
- Health and Social Services Professions Act, s.21
- Health and Social Services Professions Act, s.67
- Health and Social Services Professions Act, s.73 → s.33(1)
- Health Information Act, s.205
- Hospital Insurance and Health and Social Services Administration Act, s.25.4
- Liquor Act, s.30
- Medical Profession Act, s.27
- Nursing Profession Act, s.122 → s.1(1)
- Vital Statistics Act, s.68
- Regulations
- Continued Care Prescriptions Regulations, s.1 (under the Pharmacy Act)
- Continued Care Prescriptions Regulations, s.5 (under the Pharmacy Act) → s.32
- COVID-19 Emergency Leave Regulations, s.3 (under the Employment Standards Act) → s.25
- COVID-19 Emergency Leave Regulations, s.4 (under the Employment Standards Act) → s.25
- Disease Surveillance Regulations, s.1 (under the Public Health Act) → s.24(1)
- Disease Surveillance Regulations, s.11 (under the Public Health Act) → s.24
- Early Learning and Child Care Regulations, s.1 (under the Early Learning and Child Care Act) → s.1(1)
- Early Learning and Child Care Regulations, s.1 (under the Early Learning and Child Care Act) → s.1(1)
- Early Learning and Child Care Regulations, s.7 (under the Early Learning and Child Care Act)
- Early Learning and Child Care Regulations, s.35 (under the Early Learning and Child Care Act)
- Early Learning and Child Care Regulations, s.37 (under the Early Learning and Child Care Act) → s.1(1)
- Enterprise Corridor Development Area Regulations, s.7 (under the Area Development Act)
- Food Establishment Business Licence Regulations, s.1 (under the Business Licence Act)
- Food Establishment Safety Regulations, s.16 (under the Public Health Act) → s.6
- Food Establishment Safety Regulations, s.16 (under the Public Health Act) → s.6
- Food Establishment Safety Regulations, s.16 (under the Public Health Act) → s.6
- Food Establishment Safety Regulations, s.27 (under the Public Health Act) → s.14
- Hospital and Health Care Facility Standards Regulations, s.1 (under the Hospital Insurance and Health and Social Services Administration Act)
- Hospital and Health Care Facility Standards Regulations, s.1 (under the Hospital Insurance and Health and Social Services Administration Act)
- Hospital and Health Care Facility Standards Regulations, s.1 (under the Hospital Insurance and Health and Social Services Administration Act)
- Liquor Regulations, s.1 (under the Liquor Act) → s.33(1)(a)
- Liquor Regulations, s.13 (under the Liquor Act)
- Liquor Regulations, s.15 (under the Liquor Act)
- Medical Profession Regulations, s.4.01 (under the Medical Profession Act)
- Northwest Territories Land Use Regulations, s.16 (under the Northwest Territories Lands Act)
- Occupational Health and Safety Regulations, s.88 (under the Safety Act)
- Occupational Health and Safety Regulations, s.471 (under the Safety Act) → s.32
- Personal Service Establishment Regulations, s.1 (under the Public Health Act) → s.1(1)
- Personal Service Establishment Regulations, s.12 (under the Public Health Act) → s.6(2)
- Personal Service Establishment Regulations, s.12 (under the Public Health Act) → s.6(2)
- Pesticide Regulations, s.10 (under the Pesticide Act)
- Psychology Profession Regulations, s.8 (under the Health and Social Services Professions Act)
- Public Pool Regulations, s.1 (under the Public Health Act)
- Reportable Disease Control Regulations, s.1 (under the Public Health Act) → s.15
- Reportable Disease Control Regulations, s.14 (under the Public Health Act) → s.25
- Reportable Disease Control Regulations, s.14 (under the Public Health Act) → s.25
- Reportable Disease Control Regulations, s.15 (under the Public Health Act) → s.28
- Reportable Disease Control Regulations, s.15 (under the Public Health Act) → s.30
- Reportable Disease Control Regulations, s.16 (under the Public Health Act) → s.28
- Reportable Disease Control Regulations, s.16 (under the Public Health Act) → s.30
- Reportable Disease Control Regulations, s.16 (under the Public Health Act) → s.30
- Reportable Disease Control Regulations, s.16 (under the Public Health Act) → s.30(2)
- Reportable Disease Control Regulations, s.16 (under the Public Health Act) → s.30(3)
- Reportable Disease Control Regulations, s.17 (under the Public Health Act) → s.30(3)
- Reportable Disease Control Regulations, s.18 (under the Public Health Act) → s.15
- Reportable Disease Control Regulations, s.20 (under the Public Health Act) → s.30
- Reportable Disease Control Regulations, s.20 (under the Public Health Act) → s.25
- Reportable Disease Control Regulations, s.20 (under the Public Health Act) → s.28
- Reportable Disease Control Regulations, s.20 (under the Public Health Act) → s.25(2)(c)
- Reportable Disease Control Regulations, s.20 (under the Public Health Act) → s.25(2)(b)
- Reportable Disease Control Regulations, s.20 (under the Public Health Act) → s.25(2)(b)
- Smoking Control and Reduction Regulations, s.1 (under the Smoking Control and Reduction Act)
- Summary Conviction Procedures Regulations, s.2 (under the Summary Conviction Procedures Act) → s.4(1)
- Territorial Parks Regulations, s.25 (under the Territorial Parks Act)
- Tobacco and Vapour Products Control Regulations, s.1 (under the Tobacco and Vapour Products Control Act)
- Tourism Regulations, s.8 (under the Tourism Act)
- Tourist Accommodation Health Regulations, s.1 (under the Public Health Act)
- Vital Statistics Regulations, s.6 (under the Vital Statistics Act) → s.16(1)
- Water Supply System Regulations, s.1 (under the Public Health Act)
- Water Supply System Regulations, s.7 (under the Public Health Act) → s.18
- Water Supply System Regulations, s.7 (under the Public Health Act) → s.18
- Water Supply System Regulations, s.7 (under the Public Health Act) → s.18
- Water Supply System Regulations, s.10 (under the Public Health Act) → s.18
- Water Supply System Regulations, s.11 (under the Public Health Act) → s.19(2)
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
AND APPLICATION
Definitions
1.(1) In this Act,
"Chief Public Health Officer" means the Chief Public Health Officer appointed under subsection 4(1); (administrateur en chef de la santé publique)
"communicable disease" means an infection in humans that is caused by an organism or micro-organism or its toxic products and is transmitted directly or indirectly from an infected person or animal, or from the environment; (maladie transmissible)
"Deputy Chief Public Health Officer" means a Deputy Chief Public Health Officer appointed under subsection 4(1) or paragraph 33(1)(a); (sous-administrateur en chef de la santé publique)
"drinking water" means water that is used or intended to be used for drinking, cooking, washing dishes or other purposes requiring water that is suitable and safe for human consumption; (eau potable)
"dwelling place" means a building, a portion of a building, a mobile home, a trailer, a boat or any other structure that is occupied and used exclusively as a residence; (lieu d’habitation)
"food" includes drinking water and ice; (aliment)
"food establishment" means premises where food is manufactured, processed, prepared, packaged, stored, handled, displayed, transported, distributed, served, offered for sale or sold; (établissement alimentaire)
"health care professional" means
(a) a licensee as defined in section 1 of the Dental Profession Act,
(b) a medical practitioner as defined in section 1 of the Medical Profession Act,
(c) a registered midwife as defined in section 1 of the Midwifery Profession Act, or
(d) a person registered under the Nursing Profession Act who has one of the following nursing designations under that Act:
(i) registered nurse or temporary certificate holder (registered nurse),
(ii) nurse practitioner or temporary certificate holder (nurse practitioner),
(iii) licensed practical nurse or temporary certificate holder (licensed practical nurse),
(iv) registered psychiatric nurse or temporary certificate holder (registered psychiatric nurse); (professionnel de la santé)
"health hazard" means
(a) a condition of premises,
(b) a substance, agent, thing, plant, animal or organism other than a human,
(c) a solid, liquid or gas, or
(d) a combination of any of the factors referred to in paragraphs (a), (b) and (c),
that is or may become harmful or dangerous to health, that hinders the suppression of disease or the prevention of injury, or that otherwise presents a risk to the public health; (danger pour la santé)
"notifiable disease or condition" means a disease or other health condition prescribed under paragraph 50(1)(o) as a notifiable disease or condition; (maladie ou affection à signalement obligatoire)
"notifiable immunization" means an immunization for the prevention or treatment of a disease prescribed under paragraph 50(1)(q) as a notifiable immunization; (immunisation à signalement obligatoire)
"notifiable test" means a test for a notifiable disease or condition prescribed under paragraph 50(1)(p) as a notifiable test; (test à signalement obligatoire)
"personal health information" means health information in any format about an identifiable individual, living or deceased, and includes
(a) information about diseases with which the individual is infected or to which the individual has been exposed,
(b) information about other health conditions to which the individual is subject,
(c) information about health services provided to the individual,
(d) information about the individual’s health care history,
(e) information that is collected in the course of, or incidental to, the provision of health services to the individual,
(f) information in respect of the examination or testing of the individual by, or on referral from, a health care professional,
(g) information in respect of a donation by the individual of a body part or bodily substance, or
(h) an identifying number, symbol or other particular assigned to the individual in respect of health services or health information; (renseignements personnels sur la santé)
"personal service establishment" means
(a) the place of business of a barber, cosmetologist, electrologist, esthetician, hairdresser, manicurist, pedicurist tattooist, acupuncturist, massage therapist or Naturopathic Doctor,
(b) a gymnasium, spa, health club, diet centre or suntanning parlor, or
(c) an establishment defined in the regulations as a personal service establishment; (établissement qui dispense des services aux particuliers)
"premises" includes
(a) lands or fixed structures,
(b) mobile homes,
(c) bodies of water, and
(d) vehicles and other moveable structures; (lieux)
"public health emergency" means an occurrence or imminent threat of a health hazard or disease that presents a significant risk to the public health; (urgence sanitaire publique)
"public health officer" means a public health officer appointed under subsection 6(1) or paragraph 33(1)(a); (administrateur de la santé publique)
"public health official" means the Chief Public Health Officer, a Deputy Chief Public Health Officer or a public health officer; (autorité de la santé publique) "reportable disease" means a communicable disease or other health condition prescribed under paragraph 50(1)(r) as a reportable disease; (maladie à déclaration obligatoire)
"reportable test" means a test for a reportable disease prescribed under paragraph 50(1)(s) as a reportable test; (test à déclaration obligatoire)
"vehicle" means a motorized vehicle, aircraft, boat, trailer and any other motorized or non-motorized conveyance; (véhicule)
"water supply system" means a system that is used or intended to be used to make drinking water available or to provide drinking water to the users of the system and includes anything used for the collection, production, handling, treatment, storage, supply, transportation or distribution of the water. (réseau d’aqueduc)
(2) A reference to "examine" or "examination", in the context of an examination of a person by a health care professional to determine whether the person is infected with or affected by a disease or other health condition, includes laboratory tests conducted by or on referral from the health care professional and the interpretation of those tests. SNWT 2020,c.14,s.11; SNWT 2019,c.2,s.3; SNWT 2023,c.32,s.122.
Application
2.If an individual’s rights or freedoms are restricted as a result of the exercise of a power or the performance of a duty under this Act or the regulations, the restriction must be no greater than is reasonably required, considering all the circumstances, to respond to a health hazard, communicable disease, public health emergency or contravention of this Act or the regulations.
Government bound
3.This Act binds the Government of the Northwest Territories.
PART 1
ADMINISTRATION AND ENFORCEMENT
Appointment of Public Health Officials
Chief Public Health Officer and Deputy
4.(1) The Minister shall appoint a Chief Public Health Officer and may appoint one or more Deputy Chief Public Health Officers.
(2) A person appointed under subsection (1) must be a medical practitioner as defined in section 1 of the Medical Profession Act.
(3) The Minister may establish other qualifications for appointment under this section.
Direction and monitoring
5.(1) The Chief Public Health Officer
(a) shall monitor the activities of Deputy Chief Public Health Officers and public health officers; and
(b) may provide directions to Deputy Chief Public Health Officers and public health officers.
(2) A Deputy Chief Public Health Officer
(a) may exercise the powers and shall perform the duties of the Chief Public Health Officer as directed by the Chief Public Health Officer; and
(b) may act in the place of the Chief Public Health Officer if he or she is absent or unable to act, or if the office of the Chief Public Health Officer is vacant.
Appointment of public health officers
6.(1) The Minister may appoint public health officers.
(2) The Chief Public Health Officer may authorize a public health officer to exercise any of the powers or perform any of the duties of the Chief Public Health Officer set out in this Act or the regulations, or in any other Act or regulations, except a power or duty referred to in this section or in section 25, 28, 32, 33,
45 or
46.(3) An authorization under subsection (2)
(a) must be in writing; and
(b) may contain any conditions and restrictions that the Chief Public Health Officer considers appropriate.
(4) Subject to subsection (2) and any conditions or restrictions set out in an authorization referred to in that subsection, words in this Act or the regulations, or in any other Act or regulations, conferring a power or imposing a duty on the Chief Public Health Officer, or referring to the Chief Public Health Officer in the context of the power or duty, include a public health officer authorized under subsection (2) to exercise the power or perform the duty.
(5) A public health officer shall follow any direction provided by
(a) the Chief Public Health Officer; or
(b) a public health official authorized by the Chief Public Health Officer to provide direction to the public health officer.
Powers of
Chief Public Health Officer
Measures to protect public health
7.The Chief Public Health Officer may take such reasonable measures as he or she considers necessary in the circumstances to protect the public health, including but not limited to the issuance of public health advisories and bulletins and the posting of signs giving notice of health hazards.
Inspection, investigation and other powers
8.(1) For the purpose of administering and enforcing this Act and the regulations, the Chief Public Health Officer may
(a) make any inspection, investigation or inquiry that he or she considers necessary;
(b) subject to subsection (3), at any reasonable time and without prior notification, enter any premises or detain any vehicle;
(c) take one or more persons to any premises to assist the Chief Public Health Officer and make arrangements with the person in charge of the premises for those persons to re-enter the premises to perform specified functions;
(d) use any machinery, equipment, appliance or thing located in or at any premises for the purposes of an inspection, investigation or inquiry;
(e) bring to premises any equipment or materials that the Chief Public Health Officer considers necessary for the purposes of conducting an inspection, investigation or inquiry;
(f) conduct any tests, take any samples and make any examinations that the Chief Public Health Officer considers necessary or advisable;
(g) require any person whom the Chief Public Health Officer finds in or at any premises to provide the Chief Public Health Officer with any information the person can respecting
(i) the identity of the owner or occupier of the premises, or
(ii) the source or cause of a health hazard, disease or other health condition;
(h) require the production of, inspect and take copies of any documents or records that may be relevant to an inspection, investigation or inquiry; or
(i) subject to subsection (2), remove any documents or records examined under this section for the purpose of making copies.
(2) The Chief Public Health Officer shall, if he or she removes any documents or records for copying under this section,
(a) provide a receipt for them;
(b) make the copies as soon as is reasonably possible; and
(c) after making copies, promptly return the documents or records to the place from which they were removed or from any other place agreed to by the Chief Public Health Officer and the person who produced them.
(3) The Chief Public Health Officer shall not enter a dwelling place without a warrant issued under subsection (4) unless the occupant consents to the entry.
(4) A justice of the peace or a judge of the Territorial Court may issue a warrant authorizing a public health official to enter and search any premises named in the warrant if, on ex parte application by the Chief Public Health Officer, the justice of the peace or judge is satisfied, by information on oath, that there are reasonable grounds to believe that
(a) an offence under this Act or the regulations has been or is being committed and there is evidence of the offence to be found in or at the premises proposed to be searched; or
(b) a condition, substance, agent or thing
(i) is present in or at the premises proposed to be searched, and
(ii) is presenting or is likely to present, or is contributing to or is likely to contribute to a significant risk to the public health.
(5) A person named in a warrant issued under subsection (4) may
(a) enter and search any premises named in the warrant;
(b) exercise any power referred to in paragraphs (1)(c) to (f);
(c) seize and remove from the premises anything that may be evidence of an offence under this Act or the regulations; or
(d) seize and remove from the premises anything that is presenting or is likely to present, or is contributing to or is likely to contribute to a significant risk to the public health.
(6) Notwithstanding subsection (3), the Chief Public Health Officer may exercise the powers referred to in subsection (5) without a warrant if
(a) he or she
(i) has reasonable grounds to believe that an offence under this Act or the regulations has been or is being committed and there is evidence of the offence to be found in or at the premises proposed to be searched, or
(ii) is of the opinion, on reasonable grounds, that a condition, substance, agent or thing
(A) is present in or at the premises proposed to be searched, and
(B) is presenting or is likely to present, or is contributing to or is likely to contribute to a significant risk to the public health; and
(b) he or she has reasonable grounds to believe that the delay necessary to obtain a warrant would
(i) result in the loss or destruction of evidence, or
(ii) hinder the prevention or control of the risk to the public health.
Powers of peace officer
9.(1) A public health official who exercises a power or performs a duty under this Act or the regulations, or under authorization from the Chief Public Health Officer, has, for any purpose relating to the enforcement of this Act or the regulations, all the powers and protections of a peace officer.
(2) A public health official may request assistance from a peace officer
(a) in conducting an inspection, investigation, inquiry or search under this Act or the regulations; or
(b) in enforcing an order made under this Act or the regulations.
Prohibitions
Obstruction
10.(1) No person shall obstruct a public health official or a person assisting him or her
(a) in the conduct of an inspection, investigation, inquiry or search under this Act or the regulations; or
(b) in the enforcement of an order made under this Act or the regulations.
(2) No person shall tamper with
(a) any equipment or materials used by a public health official or a person assisting him or her in the course of an inspection, investigation, inquiry or search under this Act or the regulations; or
(b) any results obtained from an inspection, investigation, inquiry or search under this Act or the regulations.
(3) No person shall knowingly furnish false information to a public health official.
PART 2
HEALTH PROTECTION
Health Hazards
Order if health hazard
11.(1) The Chief Public Health Officer may make any order that he or she considers necessary to protect the public health if he or she is of the opinion, on reasonable grounds, that
(a) a health hazard exists; and
(b) the requirements, directions or prohibitions specified in the order are necessary to decrease the effect of or to eliminate the health hazard.
(2) Without limiting the generality of subsection (1), an order made under this section may
(a) require the vacating of premises;
(b) require the closure of premises or a part of premises or the restriction of access to premises;
(c) require the display of signs on premises to give notice of an order in respect of closure or restricted access;
(d) require the performance of work specified in the order in, on or about premises;
(e) require the removal from or around premises of anything that the order states is a health hazard;
(f) require the cleaning or disinfecting of premises;
(g) require the cleaning, disinfecting or destruction of a thing specified in the order;
(h) provide directions in respect of, or prohibit, the manufacture, processing, preparation, storage, handling, display, transportation, sale or distribution of a thing;
(i) provide directions in respect of, or prohibit, the use of premises or a thing;
(j) provide directions in respect of, or prohibit, the provision of services specified in the order;
(k) provide directions in respect of the operation of a water supply system; or
(l) require the closure or cessation of operations of a water supply system.
(3) An order made under this section may be directed to a person who
(a) owns, occupies or manages premises to which the order relates;
(b) is the operator of a water supply system; or
(c) is or appears to be responsible for the health hazard.
(4) The Chief Public Health Officer may make an order under this section orally if he or she is of the opinion, on reasonable grounds, that the delay necessary to render the order in writing is likely to substantially increase the risk to the public health presented by the health hazard.
(5) If an order under this section is made orally, the Chief Public Health Officer shall, at the earliest opportunity, render the order and reasons for the order in writing.
(6) It is sufficient in an order made under this section to direct the order to a person or persons described in the order, and an order made under this section is not invalid by reason only that a person to whom the order is directed is not named in the order.
Order directed to class of persons
12.(1) An order made under section 11 may be directed to a class of persons described in the order.
(2) If it is not practicable to serve a copy of an order directed to a class of persons on each member of the class, the Chief Public Health Officer may instead provide public notice of it by any means of communication that he or she considers will make it known to the majority of the class.
(3) A public notice referred to in subsection (2) must include
(a) information to enable members of the class to understand to whom the order is directed;
(b) the details of the order; and
(c) information on where to direct inquiries about the order and where to obtain a copy of the order.
Power to carry out provisions of order
13.(1) The Chief Public Health Officer may provide any direction or take any action that he or she considers necessary to carry out or give effect to a provision of an order made under section 11, if
(a) he or she is of the opinion, on reasonable grounds, that the requirement, direction or prohibition is necessary to decrease the effect of or to eliminate the health hazard; and
(b) the person in respect of whom the provision is or would be directed,
(i) cannot be readily identified or located,
(ii) fails to comply promptly with the order,
(iii) is not likely to comply promptly with the order, or
(iv) requests the assistance of the Chief Public Health Officer.
(2) Expenses incurred by the Chief Public Health Officer in carrying out a provision of an order made under subsection (1) constitute a debt owing to the Government of the Northwest Territories from the person to whom the order is directed.
Food Establishments
Requirements
14.A person who operates a food establishment shall
(a) operate and maintain the premises in a clean and sanitary manner and ensure that care is taken in the manufacture, processing, preparation, packaging, storage, handling, display, transportation, distribution, serving and sale of food in order to prevent contamination of the food and other risks to the public health; and
(b) comply with all applicable regulations made and standards adopted under this Act.
Human Remains
Death from prescribed disease
15.The handling and transportation of the body of a person who dies from a disease that is prescribed for the purposes of this section must be carried out as directed by the Chief Public Health Officer and in accordance with the regulations.
Disinterment
16.(1) No person shall disinter a human body except under the authority of written permission from the Chief Public Health Officer or a court order.
(2) The disinterment, handling, transportation and reinterment of a human body must be carried out in accordance with the regulations and any directions from the Chief Public Health Officer.
PART 3
DRINKING WATER SAFETY
Definition: "operator"
17.In this Part, "operator" means a person who is responsible for the operation of a water supply system.
Approval of water source
18.(1) The Chief Public Health Officer may approve water sources for water supply systems.
(2) Subject to the regulations, no person shall operate a water supply system unless
(a) a person is identified in writing to the Chief Public Health Officer as the operator of the system; and
(b) the water source for the system is approved, in writing, by the Chief Public Health Officer.
(3) If parts of a water supply system are owned by different persons, each person who is or will be responsible for the operation of a part of the system must be identified under subsection (2).
Requirements
19.(1) An operator shall
(a) operate and maintain a water supply system in a clean and sanitary manner in order to prevent risks to the public health; and
(b) comply with all applicable regulations made and standards adopted under this Act.
(2) Subject to subsection (3), an operator shall ensure that the water made available or provided to users of a water supply system
(a) is suitable and safe for human consumption; and
(b) meets all requirements and standards for drinking water set out in regulations made, or in standards adopted, under this Act.
(3) An operator shall not make available or provide water from a water supply system that does not meet the requirements of subsection (2), unless
(a) the circumstances in respect of the supply of the water are authorized by or in accordance with the regulations;
(b) without delay, the operator notifies the Chief Public Health Officer of the defect;
(c) the operator clearly notifies the public of the defect and of the uses to which the water may safely be put; and
(d) the operator follows any directions provided by the Chief Public Health Officer.
Health warning
20.The Chief Public Health Officer may issue any advisory, bulletin or warning to the public that he or she considers necessary in respect of drinking water, a water source or a water supply system.
Complaints about water quality
21.The Chief Public Health Officer shall inquire into any complaint that he or she receives in respect of the quality of water made available or provided to users of a water supply system to determine whether the water presents a health hazard.
PART 4
HEALTH SURVEILLANCE AND
REPORTABLE DISEASES
Duty to Report
Duty in respect of notifiable disease, condition or immunization
22.A health care professional shall provide the Chief Public Health Officer with the information required by the regulations, within the time set out in the regulations, if the health care professional
(a) diagnoses a notifiable disease or condition in a person, or is of the opinion, on reasonable grounds, that a person who he or she examines or treats has a notifiable disease or condition;
(b) performs a notifiable test or causes a notifiable test to be performed on a person; or
(c) administers a notifiable immunization to a person.
Duty in respect of reportable disease or test
23.A health care professional shall provide the Chief Public Health Officer with the information required by the regulations, within the time set out in the regulations, if the health care professional
(a) diagnoses a reportable disease in a person, or is of the opinion, on reasonable grounds, that a person who he or she examines or treats is infected with a reportable disease; or
(b) performs a reportable test on a person, or causes a reportable test to be performed on a person.
Registers
Establishment of registers
24.(1) The Chief Public Health Officer may establish and maintain registers in respect of
(a) notifiable diseases and conditions;
(b) notifiable tests;
(c) notifiable immunizations;
(d) reportable diseases; and
(e) reportable tests.
(2) Subject to Part 6 and the regulations, a register may include personal health information.
Reportable Diseases
Order of Chief Public Health Officer
25.(1) The Chief Public Health Officer may make an order requiring a person to take or refrain from taking any action specified in the order that the Chief Public Health Officer considers necessary to decrease or eliminate the risk to the public health presented by a reportable disease.
(2) An order made under subsection (1) may, in addition to any other provision the Chief Public Health Officer considers necessary,
(a) require a person who is or probably is infected with, or who has or may have been exposed to a reportable disease
(i) to isolate himself or herself from other persons,
(ii) to submit to an examination by a health care professional who is acceptable to the Chief Public Health Officer,
(iii) to place himself or herself under the care and treatment of a health care professional who is acceptable to the Chief Public Health Officer, or
(iv) to conduct himself or herself in a manner that will not expose another person to infection;
(b) require the display of signs at the entrance to premises where a person under isolation is residing; or
(c) in the case of an outbreak of a reportable disease, restrict access to premises described in the order by a person who is not immunized against the disease.
Order directed to class of persons
26.(1) An order made under section 25 may be directed to a class of persons described in the order.
(2) If it is not practicable to serve a copy of an order directed to a class of persons on each member of the class, the Chief Public Health Officer may instead provide public notice of it by any means of communication that he or she considers will make it known to the majority of the class.
(3) A public notice referred to in subsection (2) must include
(a) information to enable members of the class to understand to whom the order is directed;
(b) the details of the order; and
(c) information on where to direct inquiries about the order and where to obtain a copy of the order.
Communi- cation of name
27.The Chief Public Health Officer may provide notice to the public of the name of a person who has a reportable disease if the Chief Public Health Officer considers that the notice is necessary to protect the public and that the protection cannot reasonably be achieved by less intrusive means.
Apprehension and detention
28.(1) The Chief Public Health Officer may make an order for the apprehension and detention of a person who fails to comply promptly with a provision of an order referred to in paragraph 25(2)(a) if the Chief Public Health Officer is of the opinion, on reasonable grounds, that the person presents a significant and imminent risk to the public health if not apprehended and detained.
(2) An order made under subsection (1) is sufficient authority for a public health official and any person assisting him or her to apprehend and detain the person in respect of whom the order is made.
(3) A public health official who apprehends a person under this section shall inform the person of his or her right to legal counsel.
(4) A person apprehended and detained under this section shall not be held for longer than 72 hours, unless a hearing is held within that time and an order is made under section 30. SNWT 2011,c.16,s.17(2).
Oral order
29.(1) The Chief Public Health Officer may make an order under section 25 or 28 orally if he or she is of the opinion, on reasonable grounds, that the delay necessary to render the order in writing is likely to substantially increase the risk to the public health presented by the person in respect of whom the order is made.
(2) If an order under section 25 or 28 is made orally, the Chief Public Health Officer shall, at the earliest opportunity, render the order and the reasons for the order in writing.
Court order
30.(1) If a judge of the Supreme Court is satisfied, on application by the Chief Public Health Officer, that a person has failed to comply with a provision of an order referred to in paragraph 25(2)(a), the judge may
(a) order that the person
(i) be taken into custody and be admitted to and detained in an isolation facility named in the order for a period not exceeding four months,
(ii) undergo an examination by a health care professional who is acceptable to the Chief Public Health Officer to ascertain whether the person is or continues to be infected with a reportable disease, or
(iii) if found on examination to be infected with a reportable disease, be treated for it;
(b) direct a peace officer to make all reasonable efforts to locate, apprehend and deliver the person to an isolation facility specified in the order;
(c) order the person to pay some or all of the expenses relating to a period of isolation; and
(d) make any other order or provide any other direction that the judge considers appropriate, including an order or direction in respect of review of an order made under this section.
(2) If a judge of the Supreme Court is satisfied, on application by the Chief Public Health Officer, that a person who is detained in an isolation facility continues to be infected with a reportable disease and is contagious, the judge may extend the period of isolation for a period not exceeding four months and, on further applications, may extend the detention for further periods each not exceeding four months.
(3) The Chief Public Health Officer shall monitor the treatment and condition of a person detained in isolation, and shall issue a certificate for the release of the person if the Chief Public Health Officer is of the opinion, on reasonable grounds, that the person
(a) is no longer infected with a reportable disease;
(b) is no longer contagious; or
(c) no longer presents a significant risk to the public health.
(4) A certificate issued under subsection (3) operates to require the release from detention of the person to whom it relates.
(5) For greater certainty, a certificate issued under subsection (3) operates to terminate a period of detention ordered by a judge under this section.
Requirement to provide information
31.A health care professional who examines, diagnoses or treats a person under the authority of an order of a judge or the Chief Public Health Officer, and the person in charge of a facility in which such a person is examined, diagnosed or treated, shall provide the Chief Public Health Officer with any information that he or she requests in respect of the examination, diagnosis or treatment.
PART 5
PUBLIC HEALTH EMERGENCY
Declaration of state of public health emergency
32.(1) The Minister, on the recommendation of the Chief Public Health Officer, may, by order, declare a state of public health emergency to exist in all or a part of the Northwest Territories, if the Minister is satisfied that
(a) a public health emergency exists; and
(b) the declaration is required to protect the public health.
(2) A declaration of a state of public health emergency
(a) must identify the nature of the public health emergency and the area to which it relates; and
(b) expires at midnight on the 14th day after it is made, unless an order is made extending or terminating it.
(3) The Minister, on the recommendation of the Chief Public Health Officer, may, by order, extend a declaration of a state of public health emergency for a period not exceeding 14 days from the expiry date referred to in subsection (2), if the Minister is satisfied that
(a) a public health emergency continues to exist; and
(b) the extension is required to protect the public health.
(4) The Minister shall, by order, terminate a declaration of a state of public health emergency for an area to which the declaration relates if he or she is satisfied, on advice from the Chief Public Health Officer, that the declaration is no longer required for the area.
(5) On the declaration of a state of public health emergency or on the extension or termination of such declaration, the Chief Public Health Officer shall provide public notice of the details of it by any means of communication that he or she considers will make the details known to the majority of the population in the area to which the declaration relates.
Powers of Chief Public Health Officer
33.(1) During a state of public health emergency, the Chief Public Health Officer may, for the purpose of protecting the public health and preventing, combatting or alleviating the effects of the public health emergency,
(a) appoint Deputy Chief Public Health Officers and public health officers with terms effective during the period the declaration is in effect;
(b) authorize a qualified person to render aid of a type that he or she is qualified to provide;
(c) recommend to the Minister that he or she issue a temporary permit under the Medical Profession Act to a person who is registered as a medical practitioner in a province or another territory;
(c.1) recommend to the Minister that he or she direct the Registrar to register and issue a licence to engage in the practice of a designated profession under the Health and Social Services Professions Act to a person who is entitled to practise that profession in a province or another territory;
(d) make orders and provide directions restricting or prohibiting travel to or from any area within the Northwest Territories;
(e) coordinate and provide for the delivery of medical services in any part of the Northwest Territories;
(f) enter into an agreement for services with any agency of the Government of Canada, a province or another territory that provides health-related services;
(g) procure and provide for the distribution of medical supplies and equipment in any part of the Northwest Territories;
(h) acquire or use real or personal property, whether private or public;
(i) establish a voluntary immunization program for all or a part of the Northwest Territories; or
(j) enter or authorize any person implementing a direction or order from the Chief Public Health Officer to enter any premises, including a dwelling place, without a warrant.
(2) The powers set out in this section are in addition to the powers and duties of the Chief Public Health Officer set out in other provisions of this Act and the regulations. SNWT 2015,c.4,s.73; SNWT 2023,c.7,s.36.
Compensation
34.(1) The Minister shall pay reasonable compensation for the acquisition or use of real or personal property acquired or used under paragraph 33(1)(h).
(2) If a dispute arises concerning the amount of compensation payable under subsection (1) the matter is to be determined by arbitration under the Arbitration Act.
PART 6
PERSONAL HEALTH
INFORMATION
Collection of personal health information
35.(1) The Chief Public Health Officer may collect personal health information
(a) if the individual to whom it relates consents to the collection; or
(b) if the Chief Public Health Officer is of the opinion, on reasonable grounds, that the information is required for a purpose relating to one or more of the following public health functions or services:
(i) the administration and enforcement of this Act or the regulations,
(ii) public health surveillance,
(iii) the development of public health policies, programs or services,
(iv) health promotion.
(2) The Chief Public Health Officer
(a) may only collect the quantity and type of personal health information in respect of a particular individual that the Chief Public Health Officer considers necessary for the purpose for which it is collected; and
(b) shall protect the confidentiality of personal health information by making security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.
(3) The Chief Public Health Officer may collect personal health information from the individual to whom it relates or from another person or body that the Chief Public Health Officer considers to be a reliable source of information, including, but not limited to, a health care professional.
Use of information
36.The Chief Public Health Officer may use personal health information
(a) if the individual to whom it relates consents to the use;
(b) for the purpose for which it was collected or for a use consistent with that purpose; or
(c) for a research purpose.
Accuracy of information
37.The Chief Public Health Officer shall make every reasonable effort to ensure that personal health information is accurate and complete before he or she
(a) uses the information to make a decision that directly affects the individual to whom it relates; or
(b) discloses the information.
Disclosure by Chief Public Health Officer
38.(1) The Chief Public Health Officer may disclose personal health information
(a) if the individual to whom it relates consents to its disclosure;
(b) if the disclosure is required for a purpose relating to the administration or enforcement of this Act;
(c) to a health care professional for the purpose of the examination or treatment of the individual to whom the information relates;
(d) to a contact or suspected contact of an individual with a reportable disease in order to prevent or control the spread of the disease; or
(e) Repealed, SNWT 2014,c.2,s.205(2);
(f) to a health profession regulatory body that requests the information, if the information is relevant for the purposes of
(i) an inspection or review of the practice of a health care professional, or
(ii) an investigation or hearing into the conduct of a health care professional.
(g) Repealed, SNWT 2014,c.2,s.205(2).
(1.1) The Chief Public Health Officer may disclose personal health information to a public health official in another jurisdiction, in accordance with an agreement with the government of that jurisdiction.
(2) The Health Information Act applies in respect of disclosure by the Chief Public Health Officer of personal health information for a research purpose.
(3) The consent of an individual to the Chief Public Health Officer’s collection, use or disclosure of the individual’s personal health information
(a) must be in written form;
(b) must specify to whom the information may be disclosed and how the information may be used; and
(c) may be provided by a person who has the legal authority to consent on behalf of the individual to whom it relates.
Inconsistency or conflict
39.If there is an inconsistency or conflict between a provision of the Access to Information and Protection of Privacy Act or the Health Information Act and section 22, 23, 24, 25, 26, 27, 31, 35, 36 or 40 or subsection 38(1) of this Act, this Act prevails to the extent of the inconsistency or conflict. SNWT 2014,c.2,s.205.
Non- identifying information
40.The Chief Public Health Officer may disclose health information that does not identify the individual to whom it relates
(a) for a use consistent with the purposes for which personal health information may be collected, used or disclosed under this Part; or
(b) to any person or body that requires the information for a use consistent with a purpose for which personal health information may be collected, used or disclosed under this Part.
PART 7
GENERAL
Limitation of Liability
Liability of public health officials
41.(1) No action or other proceeding for damages lies or shall be instituted against a public health official for anything done or not done by him or her in good faith in the exercise of a power or the performance of a duty under this Act or the regulations.
(2) No action or other proceeding for damages lies or shall be instituted against a person who makes a report or provides information in good faith in accordance with this Act and the regulations.
(3) No action or other proceeding for damages lies or shall be instituted against a health care professional or other person on the grounds of a lack of consent to an examination, testing or treatment from a person who is examined, tested or treated in accordance with an order made under this Act.
Orders of Public Health Officials
Orders
42.Subject to this Act and the regulations, an order of a public health official
(a) must be in writing;
(b) must specify the reasons for the order;
(c) may specify time limits for commencing any action required by the order and for complying with the order or any portion of the order;
(d) may specify the manner, method or procedures to be used in complying with the order; and
(e) may be revoked, suspended or amended by the person who made the order or by another person acting in the same capacity.
Requirement for service
43.(1) Subject to this Act and the regulations, an order of a public health official must be served on the person to whom it is directed.
(2) An order may be served by
(a) personal delivery;
(b) fax, if the person has a means of receiving a fax;
(c) email, if the person has a means of receiving an email; or
(d) registered mail addressed to the last known address of the person.
(3) Subject to subsection (4), receipt of service is deemed to occur
(a) on the day of personal delivery;
(b) on the second day after the order is sent by fax;
(c) on the second day after the order is sent by email; or
(d) on the seventh day after the order is sent by registered mail.
(4) Notwithstanding subsection (3), service will be determined to have been effected on the actual date of receipt of the document if the person to whom the document was sent establishes that, through no fault on his or her part, he or she did not receive the document, or received it at a later date. SNWT 2018,c.15,s.19.
Copy of order as evidence
44.A copy of an order purporting to be made by a public health official is, without proof of the office or signature of the public health official, receivable in evidence as proof, in the absence of evidence to the contrary, of the making of the order and of its contents for all purposes in any action, proceeding or prosecution.
Applications to Court
Application for direction
45.The Chief Public Health Officer may apply to the Supreme Court for direction if he or she has any legal question in respect of the exercise of a power or the performance of a duty under this Act or the regulations by
(a) the Chief Public Health Officer;
(b) a public health official acting on behalf of the Chief Public Health Officer; or
(c) a public health official authorized by the Chief Public Health Officer to exercise a power or perform a duty.
Order for compliance
46.If a person fails to comply with an order made under section 11, 25 or 28, or the regulations, the Chief Public Health Officer may apply to the Supreme Court for an order requiring the person to comply with the order.
Appeals
Notice of appeal
47.(1) A person who is subject to an order made by a public health official may appeal the order to the Supreme Court by filing a notice of appeal within 30 days after the day on which the order is served on the person.
(2) An appellant under subsection (1) may apply to the Supreme Court for an order staying the order that is the subject of the appeal, until the appeal is determined.
(3) On hearing an appeal, a judge of the Supreme Court may
(a) confirm, vary or quash the order; or
(b) substitute his or her own order.
Appeal to Court of
48.An appeal lies to the Court of Appeal
(a) from an order or direction of a judge of the Supreme Court made under section 30; and
(b) on a question of law from a decision of a judge of the Supreme Court made under subsection 47(3).
Offence and Punishment
Offence and punishment
49.(1) A person who contravenes or fails to comply with this Act, the regulations, or an order made under this Act or the regulations, is guilty of an offence and is liable on summary conviction,
(a) in the case of an individual,
(i) for a first offence
(A) to a fine not exceeding $10,000, or to imprisonment for a term not exceeding six months, or to both, and
(B) to a further fine of not more than $1,000 for each day during which the offence continues, and
(ii) for a second or subsequent offence
(A) to a fine not exceeding $25,000, or to imprisonment for a term not exceeding 12 months, or to both, and
(B) to a further fine of not more than $2,500 for each day during which the offence continues; and
(b) in the case of a corporation,
(i) for a first offence
(A) to a fine not exceeding $50,000, and
(B) to a further fine of not more than $2,500 for each day during which the offence continues, and
(ii) for a second or subsequent offence
(A) to a fine not exceeding $100,000, and
(B) to a further fine of not more than $5,000 for each day during which the offence continues.
(2) Where a person is convicted of an offence in respect of the failure to comply with an order made under this Act or the regulations, the court may, in addition to any other penalty that may be imposed, order the person to comply with the order.
(3) Where a corporation is guilty of an offence referred to in subsection (1), every officer, director, manager or agent of the corporation who directed, authorized or participated in the commission of the offence is also guilty of the offence and is liable on summary conviction to the penalties for the offence that are set out in paragraph (1)(a), whether or not the corporation has been prosecuted.
(4) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, in the course of the employment or agency relationship, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that
(a) the offence was committed without the knowledge of the accused; and
(b) the accused exercised due diligence to prevent the commission of the offence.
Regulations
Regulations
50.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) exempting any person or thing from any or all of the provisions of this Act or the regulations;
(b) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act;
(c) further defining "food";
(d) further defining "personal service establishment";
(e) establishing standards and requirements in respect of any matter in relation to which regulations may be made under this Act and requiring compliance with such standards and requirements;
(f) establishing criteria that a person must use in exercising a power under this Act or the regulations, that apply in addition to any other criteria established by or under this Act;
(g) in respect of any matter that may be the subject of a regulation made under this section,
(i) requiring a licence, permit or approval,
(ii) respecting the issuance of licences, permits and approvals, and appeals from decisions in respect of licences, permits and approvals,
(iii) prescribing the terms and conditions attached to licences, permits and approvals, or providing for the setting of terms and conditions by the Chief Public Health Officer,
(iv) respecting the amendment, suspension, cancellation and renewal of licences, permits and approvals, and
(v) respecting fees for licences, permits and approvals;
(h) respecting the inspection of any premises or establishment that may be the subject of a regulation made under this section;
(i) respecting the detection, investigation, prevention, reduction, control and removal of health hazards, prohibiting or regulating activities and matters that cause or contribute to health hazards, and imposing requirements to prevent the creation or worsening of health hazards;
(j) respecting food and the location, design, construction and operation of food establishments, including but not limited to
(i) the manufacture, processing, preparation, packaging, storage, handling, display, transportation, distribution, serving and sale of food,
(ii) the cleanliness and sanitation of premises and equipment,
(iii) equipment and materials required in the operation of a food establishment,
(iv) the water supply, toilet and washing facilities, and sewage and waste disposal systems and practices for a food establishment,
(v) the hygiene of persons who work or perform a function in a food establishment,
(vi) records that must be maintained and requirements for reporting by the operator of a food establishment, and
(vii) qualifications of or training for persons who work or perform functions in a food establishment;
(k) prohibiting persons who are infected with or have been exposed to a specified reportable disease from working or performing types of functions in food establishments, personal service establishments and other prescribed premises and establishments;
(l) prescribing premises and establishments for the purposes of paragraph (k);
(m) respecting water sources for water supply systems, including but not limited to
(i) the approval of water sources,
(ii) the inspection of water sources, and
(iii) the monitoring, sampling and analysis of water from water sources;
(n) respecting drinking water and the location, design, construction and operation of water supply systems, including but not limited to
(i) the addition of chemicals to water intended for users of a water supply system,
(ii) the disinfection or treatment of water intended for users of a water supply system,
(iii) the monitoring, sampling and analysis of water in or from a water supply system,
(iv) the collection, production, handling, storage, supply, transportation or distribution of drinking water and anything used for those purposes,
(v) the cleanliness and sanitation of premises and equipment,
(vi) records that must be maintained and requirements for reporting by the operator of a water supply system, and
(vii) qualifications of or training for persons who operate, maintain or repair, or who are employed in the operation, maintenance or repair, of a water supply system;
(o) prescribing diseases and conditions, including communicable diseases, noncommunicable diseases and other health conditions, as notifiable diseases or conditions;
(p) prescribing tests for notifiable diseases or conditions as notifiable tests;
(q) prescribing immunizations for the prevention or treatment of diseases as notifiable immunizations;
(r) prescribing communicable diseases and other health conditions as reportable diseases;
(s) prescribing tests for reportable diseases as reportable tests;
(t) respecting information, including personal health information, that a health care professional must provide to the Chief Public Health Officer in respect of
(i) a notifiable disease or condition,
(ii) a notifiable test,
(iii) a notifiable immunization,
(iv) a reportable disease, or
(v) a reportable test;
(u) respecting the time within which information referred to in paragraph (t) must be provided;
(v) requiring persons other than health care professionals to provide information in respect of the occurrence or suspected occurrence of a reportable disease, respecting the information that must be provided, the circumstances under which it must be provided, and the time within which it must be provided;
(w) respecting registers and the maintenance of registers established under this Act;
(x) respecting approval procedures and fees for access to information in registers for research purposes;
(y) respecting the detection, investigation, notification, treatment, prevention and control of diseases and other health conditions;
(z) respecting the detection, investigation, notification, treatment, prevention and control among animals of diseases that are communicable to humans;
(za) respecting isolation facilities and the isolation of persons;
(zb) respecting the handling, storage, transportation, interment, disinterment, reinterment and disposal of dead bodies, including cremation;
(zc) prescribing diseases for the purposes of section 15;
(zd) respecting the location, design, construction and operation of
(i) personal service establishments,
(ii) establishments that provide accommodation,
(iii) public pools,
(iv) premises used for recreation, including public parks and beaches,
(v) premises where livestock and poultry are kept or handled,
(vi) establishments and premises where dead bodies are handled, stored, transported, interred or disposed of, including crematoriums, and
(vii) slaughterhouses and other premises in which animals are killed and meat is prepared for sale;
(ze) in respect of establishments and premises referred to in paragraph (zd), without limiting the generality of that paragraph, respecting
(i) the cleanliness and sanitation of premises and equipment,
(ii) equipment and materials required in the operation of such establishments or premises,
(iii) the water supply, toilet and washing facilities, and sewage and waste disposal systems and practices required for such establishments or premises,
(iv) the hygiene of persons who work or perform a function in such establishments or premises,
(v) records that must be maintained and requirements for reporting by the operator of such establishments or premises, and
(vi) qualifications of or training for persons who work or perform functions in such establishments or premises;
(zf) respecting staffing levels, pool supervision and other safety measures for public pools and the regulation of users of public pools;
(zg) respecting the location, design, construction and operation of sewage disposal systems, solid waste sites, landfills and other premises where waste is disposed of or sanitation functions are performed;
(zh) in respect of premises referred to in paragraph (zg), without limiting the generality of that paragraph, respecting
(i) the treatment of sewage and waste,
(ii) the cleanliness and sanitation of premises and equipment,
(iii) equipment and materials required in the operation of such premises,
(iv) records that must be maintained and requirements for reporting by the operators of such premises, and
(v) qualifications of or training for persons who work or perform functions in such premises;
(zi) respecting the cleanliness and sanitation of premises that are accessible to the public;
(zj) respecting the service of documents including the dispensing of service and substitutional service;
(zk) respecting fees to be paid in relation to any matter regulated or any service provided under this Act or the regulations; and
(zl) respecting any other matter or thing the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.
(2) A communicable disease or other health condition may only be prescribed under paragraph (1)(r) as a reportable disease if the disease or condition is medically recognized as capable of presenting a risk to the health of a population and as requiring vigilance on the part of public health officials or an epidemiological investigation.
(3) A regulation made under subsection (1) may
(a) include different provisions for different areas as specified in the regulation;
(b) establish classes of persons, places, activities, conditions or things for the purposes of the regulation; and
(c) include different provisions for different persons, places, activities, conditions or things, or for different classes of persons, places, activities, conditions or things, as specified in the regulations.
Adoption of rules or standards
51.Where a code of rules or standards respecting a matter referred to in this Act has been established by an association, person or body of persons and is available in written form, the Commissioner, on the recommendation of the Minister, may, by regulation, adopt the code as established, or as amended from time to time, and upon adoption the code is in force, either in whole or in part, or with such variations as may be specified in the regulations.
TRANSITIONAL
Chief Medical Health Officer
52.(1) A person appointed as the Chief Medical Health Officer for the purposes of the Public Health Act, R.S.N.W.T. 1988, c.P-12, is deemed, on the coming into force of this section, to have been appointed as the Chief Public Health Officer for the purposes of this Act.
(2) A person appointed as a Health Officer or Medical Health Officer for the purposes of the Public Health Act, R.S.N.W.T. 1988, c.P-12, is deemed, on the coming into force of this section, to have been appointed as a public health officer for the purposes of this Act.
- 58. Repealed, SNWT 2010,c.16,Sch.A, s.32(3).
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