Reportable Disease Control Regulations
Regulation- Registration
- R-128-2009
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Public Health Act
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 R-077-2016,s.2 in force Aug. 1, 2016 (SI-008-2016)
- s.1 amended by R-051-2024,s.2 in force July 31, 2024
- s.2 amended by R-051-2024,s.3 in force July 31, 2024
- s.3 amended by R-051-2024,s.3 in force July 31, 2024
- s.3.1 amended by R-051-2024,s.3 in force July 31, 2024
- s.3.2 amended by R-051-2024,s.3 in force July 31, 2024
- s.3.3 amended by R-051-2024,s.3 in force July 31, 2024
- s.4 amended by R-051-2024,s.4,5,6 in force July 31, 2024
- s.5 amended by R-051-2024,s.7 in force July 31, 2024
- s.6 amended by R-051-2024,s.8 in force July 31, 2024
- s.6.1 amended by R-051-2024,s.9 in force July 31, 2024
- s.7 amended by R-051-2024,s.5,6,10 in force July 31, 2024
- s.8 amended by R-051-2024,s.11 in force July 31, 2024
- s.9 amended by R-051-2024,s.12 in force July 31, 2024
- s.10 amended by R-051-2024,s.13 in force July 31, 2024
- s.11 amended by R-051-2024,s.14 in force July 31, 2024
- s.12 amended by R-051-2024,s.15 in force July 31, 2024
- s.13 repealed by R-066-2021,s.2
- s.14 amended by R-043-2010,s.2
- s.14 amended by R-051-2024,s.16 in force July 31, 2024
- s.16 amended by R-051-2024,s.17 in force July 31, 2024
- s.17 amended by R-051-2024,s.18 in force July 31, 2024
- s.18 amended by R-051-2024,s.19 in force July 31, 2024
- s.19 amended by R-051-2024,s.6 in force July 31, 2024
- s.20 amended by R-051-2024,s.20 in force July 31, 2024
- s.sched_1 amended by R-051-2024,s.21 in force July 31, 2024
- None.
The Commissioner, on the recommendation of the Minister, under sections 50 and 51 of the Public Health Act and every enabling power, makes the Reportable Disease Control Regulations.
Interpretation
(1) In these regulations,
"contact" means a person or animal known to have been in association with a person or animal infected with a reportable disease; (sujet contact)
"contact tracing" means
(a) identifying the contacts of a person who is infected or who is suspected, on reasonable grounds, of being infected with a reportable disease,
(b) advising any contact identified under paragraph (a) to adopt the specific control measures for the reportable disease in question, and
(c) providing the contact with the necessary information to comply with the measures referred to in paragraph (b); (repérage de sujets contacts)
"health facility" means a facility that provides health services pursuant to the Hospital Insurance and Health and Social Services Administration Act; (établissement de santé)
"infected with a reportable disease" means harbouring an infectious agent, whether or not recognizable clinical signs or symptoms are displayed; (atteint d’une maladie à déclaration obligatoire)
"isolation facility" means a hospital, health facility, clinic, long term care facility, correctional centre, young offender facility, dwelling place or any place designated as such by the Chief Public Health Officer; (établissement d’isolement)
"positive test result" means
(a) where a health care professional performs or interprets a diagnostic imaging test or other medical diagnostic test, a result that the health care profession accepts as being a positive result that indicates a person has a reportable disease, or
(b) a result declared by the Chief Public Health Officer to be a positive result that indicates a person has a reportable disease; (résultat positif)
"reportable disease diagnosis" means
(a) the diagnoses of a reportable disease in a person by a health care professional,
(b) the receipt by a health care professional of a positive test result for a person, or
(c) the opinion of a health care professional, based on reasonable grounds, that a person they examine or treat is infected with a reportable disease; (diagnostic de maladie à déclaration obligatoire)
"specific control measures" means the control measures for a reportable disease under section 3.1. (mesures de contrôle spécifiques)
(2) For the purposes of these regulations, a contact is presumed to have been exposed to a reportable disease infection from the infected person or animal with whom the contact has been in association.
(3) In section 15 of the Act and in section 18 of these regulations, "a person who dies from a disease" includes a person who, at the time of death, is or probably is infected with, or has or may have been exposed to, the disease, regardless of whether the person dies from a cause other than the disease. R-077-2016,s.2; R-051-2024,s.2.
The communicable diseases and other health conditions listed in Schedule 3 of the Disease Surveillance Regulations are reportable diseases for the purposes of these regulations. Standards R-051-2024,s.3.
(1) The following standards, established by the Chief Public Health Officer, are adopted as amended from time to time:
(a) NWT Communicable Disease Manual;
(b) Northwest Territories (NWT) Immunization Program Standards;
(c) NWT Infection Prevention and Control (IPAC) Standards;
(d) NWT Sexual Health and Sexually Transmitted Blood Born Infection (STBBI) Program Standards;
(e) Northwest Territories (NWT) Tuberculosis
(TB) Program Standards.
(2) The following standards are adopted as amended from time to time:
(a) Canadian Immunization Guide, published by the Public Health Agency of Canada;
(b) Canadian Tuberculosis Standards, published by the Canadian Thoracic Society;
(c) Infection Prevention and Control (IPAC) Program Standard, published by Infection Prevention and Control Canada (IPAC Canada);
(d) Sexually Transmitted and Blood-Borne Infections: Guides for Health Professionals, published by the Public Health Agency of Canada.
(3) Subject to subsection 3.1(2) and any directions of the Chief Public Health Officer, a health care professional shall perform their duties in a manner consistent with any applicable standards adopted under this section. R-051-2024,s.3.
Specific Control Measures R-051-2024,s.3.
(1) For the purposes of these regulations and subject to subsections (2) and (3), the specific control measures for a reportable disease are the control measures for that disease set out in
(a) the applicable standards adopted under subsection 3(1);
(b) the applicable standards adopted under subsection 3(2);
(c) any applicable policies and procedures developed under subsection 3.2(1); and
(d) any directions of the Chief Public Health Officer.
(2) Where there are conflicting specific control measures for a reportable disease under subsection (1), the specific control measures shall have priority in the following order:
(a) first priority, specific control measures under paragraph (1)(d), including any specific control measures under paragraph (1)(c) directed by the Chief Public Health Officer;
(b) second priority, specific control measures under paragraph (1)(a);
(c) third priority, specific control measures under paragraph (1)(b);
(d) fourth priority, specific control measures under paragraph (1)(c) other than those referred to in paragraph (a) of this section.
Policies and Procedures R-051-2024,s.3.
(1) A person in charge of a health care facility where persons infected with a reportable disease or suspected of being infected with a reportable disease are examined, monitored, tested or treated shall ensure that written policies and procedures setting out specific control measures for the reportable disease are developed and maintained.
(2) Policies and procedures developed under subsection (1) must,
(a) subject to any directions of the Chief Public Health Officer, be consistent with the NWT Infection Prevention and Control (IPAC) Standards, as adopted under paragraph 3(1)(c);
(b) be consistent with any other directions of the Chief Public Health Officer; and
(c) if the specific control measures for a reportable disease include concurrent or terminal disinfection, include disinfection procedures.
Subject to any directions of the Chief Public Health Officer, if the specific control measures for a reportable disease include concurrent or terminal disinfection, the disinfection must be carried out in accordance with any applicable disinfection procedures developed under subsection 3.2(1). R-051-2024,s.3.
Within 24 Hours
After Reportable Disease Diagnosis
(1) A health care professional shall, within 24 hours after making a reportable disease diagnosis,
(a) begin to carry out the specific control measures for the reportable disease, including treating or monitoring the person in accordance with the specific control measures for the reportable disease;
(b) make reasonable efforts to carry out the activities identified in paragraph (a) of the definition "contact tracing" in subsection 1(1) in accordance with the specific control measures;
(c) provide the person with information on the reportable disease and the specific control measures that they should follow;
(d) advise the person to comply with the specific control measures;
(e) if the reportable disease is listed in Part 1 of Schedule 3 to the Disease Surveillance Regulations, provide the Chief Public Health Officer with the information required by the NWT Communicable Disease Manual for the reportable disease, in accordance with subsections 7(2) and (3) or 8(1) and (2) of the Disease Surveillance Regulations, unless otherwise directed by the Chief Public Health Officer; and
(f) if the reportable disease is listed in Part 2 of Schedule 3 to the Disease Surveillance Regulations, provide the Chief Public Health Officer with the information required by the NWT Communicable Disease Manual for the reportable disease, in accordance with subsections 7(2) and (4) or 8(1) and (3) of the Disease Surveillance Regulations, unless otherwise directed by the Chief Public Health Officer.
(1.1) If a health care professional makes a reportable disease diagnosis in respect of a reportable disease listed in Part 1 of Schedule 3 to the Disease Surveillance Regulations, the health care professional shall, in addition to the duties under paragraph (4)(1)(e), immediately notify the Chief Public Health Officer by telephone of the diagnosis in accordance with paragraph 7(3)(a) or 8(2)(a) of the Disease Surveillance Regulations.
(2) If circumstances prevent a health care professional from performing their duties in accordance with this section, the person in charge of the health facility where the health care professional made the diagnosis shall ensure that the duties are assigned to and performed by another health care professional at the health facility within 24 hours after the health care professional makes the diagnosis.
(3) The health care professional who is assigned duties under subsection (2) shall comply with the requirements of subsection 4(1).
(4) The person in charge of the health facility where the health care professional makes the diagnosis shall ensure that the requirements of section 4 are complied with and that a health care professional performs their duties in accordance with this section. R-051-2024,s.4,5,6.
(1) A person in charge of a health facility may, at any time and for any period of time, make arrangements with the person in charge of another health facility to have that facility carry out, on behalf of the facility requiring assistance and within the specified time, any or all of the requirements set out in section 4.
(2) Notwithstanding any arrangements made under subsection (1), the person in charge of a health facility where a health care professional makes a reportable disease diagnosis shall ensure that the requirements of section 4 are complied with.
(3) Notwithstanding any arrangements made under subsection (1), the person in charge of a health facility who agrees to provide assistance to another health facility in carrying out any or all of the requirements of section 4 shall ensure that those requirements are complied with.
(4) Where an arrangement made under subsection (1) must be carried out, the person in charge of the health facility requiring assistance shall immediately notify the Chief Public Health Officer of the arrangement. R-051-2024,s.7.
More than 24 Hours
After Reportable Disease Diagnosis
Sections 6.1 to 11 apply after 24 hours has passed from the time a health care professional makes a reportable disease diagnosis. R-051-2024,s.8.
If a health care professional makes a reportable disease diagnosis in respect of a disease listed in Part 3 of Schedule 3 to the Disease Surveillance Regulations, the health care professional shall, within seven days after making the diagnosis, provide the Chief Public Health Officer with the information required by the NWT Communicable Disease Manual for the reportable disease, in accordance with subsections 7(2) and (5) or 8(1) and (4) of the Disease Surveillance Regulations, unless otherwise directed by the Chief Public Health Officer. R-051-2024,s.9.
(1) A health care professional who is assigned to a reportable disease case shall, during the period or periods of time they are assigned to the case that occur within seven days after the making of the reportable disease diagnosis, make reasonable efforts to carry out the activities identified in paragraphs (b) and (c) of the definition "contact tracing" in subsection 1(1) in accordance with the specific control measures for the disease.
(2) The person in charge of the health facility where the health care professional makes the reportable disease diagnosis shall ensure that a health care professional assigned to the reportable disease case performs their duties in accordance with this section. R-051-2024,s.5,6,10.
(1) A health care professional who is assigned to a reportable disease case shall, during the period or periods of time of that assignment,
(a) carry out or continue to carry out the specific control measures for the disease, including treating or monitoring the person; and
(b) comply with any directions of the Chief Public Health Officer.
(2) The requirements under subsection (1) must be carried out until
(a) the time or circumstances when the specific control measures for the reportable disease may cease, as indicated in the specific control measures; or
(b) the Chief Public Health Officer determines that the person referred to in subsection (1) no longer presents a significant risk to the public health.
(1) A person in charge of a health facility where a person infected with a reportable disease or suspected of being infected with a reportable disease is examined, monitored, tested or treated shall,
(a) ensure the specific control measures for the disease, including treatment and monitoring, are carried out; and
(b) ensure any directions of the Chief Public Health Officer are complied with.
(2) The requirements under subsection (1) must be carried out until
(a) the care of the person referred to in subsection (1) is transferred to another health facility;
(b) the time or circumstances when the specific control measures for the reportable disease may cease, as indicated in the specific control measures; or
(c) the Chief Public Health Officer determines that the person no longer presents a significant risk to the public health.
(1) A health care professional who is assigned to a reportable disease case shall, during the period or periods of time of that assignment, provide the Chief Public Health Officer with information respecting the case, including information about the specific control measures that have been or are being carried out.
(1.1) Information provided under subsection (1) must be provided,
(a) subject to any directions of the Chief Public Health Officer, in accordance with the NWT Communicable Disease Manual, as adopted under paragraph 3(1)(a); or
(b) in accordance with any other directions of the Chief Public Health Officer.
(2) A health care professional shall provide the information referred to in subsection (1) until the Chief Public Health Officer determines there is no longer a need to provide such information.
(3) A person in charge of a health facility where a health care professional has been assigned to a reportable disease case shall ensure that the health care professional provides information to the Chief Public Health Officer in accordance with this section, and shall provide the Chief Public Health Officer with the required information if circumstances prevent the health care professional from doing so. R-051-2024,s.13.
The Chief Public Health Officer shall ensure that a person infected with a reportable disease receives any necessary treatment and monitoring until the Chief Public Health Officer determines that the person no longer presents a significant risk to the public health. R-051-2024,s.14.
Investigation by the
Chief Public Health Officer
(1) Where the Chief Public Health Officer is notified of the discovery of a case of a reportable disease or has reason to believe or suspect that there is such an occurrence, they shall
(a) investigate or cause an investigation to be made; and
(b) if satisfied that action is necessary, ensure that the specific control measures for the disease are carried out.
(2) During an investigation the Chief Public Health Officer shall have access to any registers that are established and maintained under the Act and any immunization records held by a health facility, in order to
(a) assess the risk of a reportable disease outbreak within a
(i) health facility,
(ii) community,
(iii) region,
(iv) specific class of persons, or
(v) specific class of places;
(b) respond to any potential risk; and
(c) determine the appropriate isolation measures and facilities that are or may be required.
Isolation
Repealed, R-066-2021,s.2.
(1) The Chief Public Health Officer may direct a person who is or probably is infected with, or who has or may have been exposed to a reportable disease, to
(a) isolate themselves in an isolation facility identified by the Chief Public Health Officer;
(b) submit to an examination by a health care professional who is acceptable to the Chief Public Health Officer;
(c) place themselves under the care and treatment of a health care professional who is acceptable to the Chief Public Health Officer; or
(d) conduct themselves in a manner that will not expose another person to infection.
(2) If the Chief Public Health Officer is of the opinion, on reasonable grounds, that a person who is or probably is infected with, or who has or may have been exposed to a reportable disease, has failed to comply with directions respecting isolation, the Chief Public Health Officer may make an order under section 25 of the Act.
(3) For greater certainty, nothing in this section requires the Chief Public Health Officer to issue a direction under this section before making an order under section 25 of the Act. R-043-2010,s.2; R-051-2024,s.16.
(1) A public health official who receives an apprehension and detention order from the Chief Public Health Officer under section 28 of the Act shall deliver the person named in the order to the isolation facility specified in the order, and the public health official shall relinquish custody of the person to the person in charge of the isolation facility.
(2) A public health official or a peace officer who receives an order of a judge of the Supreme Court under section 30 of the Act, requiring the apprehension and detention of a person, shall deliver the person named in the order to the isolation facility specified in the order, and shall relinquish custody of the person to the person in charge of the isolation facility.
(1) The person in charge of an isolation facility where a person has been isolated pursuant to the Act or these regulations shall
(a) admit and detain the person named in an order or identified by the Chief Public Health Officer;
(b) ensure that any isolation procedures and directions respecting isolation that are set out in an order or provided by the Chief Public Health Officer are complied with;
(c) ensure the person receives any treatment that is set out in an order, directed by the Chief Public Health Officer or required in accordance with any applicable specific control measures for the reportable disease the person is or is probably infected with, or has or may have been exposed to;
(d) where the person is subject to an order under section 28 of the Act, ensure the person is not held for longer than 72 hours, unless a hearing is held within that time and an order is made by a judge of the Supreme Court under section 30 of the Act;
(e) where the person is subject to an order made by a judge of the Supreme Court under section 30 of the Act, ensure the person is not held for longer than four months, unless the judge extends the period of isolation under subsection 30(2) of the Act; and
(f) comply with any directions of the Chief Public Health Officer.
(2) The person in charge of the isolation facility referred to in subsection (1) shall comply with the requirements of that subsection until
(a) the person is discharged as a patient of the isolation facility under the direction of the Chief Public Health Officer; or
(b) the Chief Public Health Officer issues a certificate for the release of the person under subsection 30(3) of the Act.
(3) This section does not apply to an isolation facility that is a dwelling place. R-051-2024,s.17.
(1) A person who is isolated in an isolation facility under the Act or these regulations shall remain at that facility until
(a) the person is advised by the Chief Public Health Officer that isolation is no longer required;
(b) the person is discharged as a patient of the isolation facility under the direction of the Chief Public Health Officer; or
(c) the Chief Public Health Officer issues a certificate for the person’s release under subsection 30(3) of the Act.
(2) On the receipt of a direction or a certificate of release from the Chief Public Health Officer under paragraph 17(1)(b) or (c), the person in charge of an isolation facility shall, within 24 hours after receiving the direction or certificate,
(a) release the person identified by the Chief Public Health Officer or named in the certificate; and
(b) give notice of the release to the Chief Public Health Officer.
(3) Where a person who is isolated pursuant to the Act or these regulations escapes from an isolation facility, the person in charge of the isolation facility shall, without delay, give notice of the escape to the Chief Public Health Officer. R-051-2024,s.18.
Human Remains
(1) The diseases that are listed in the Schedule are prescribed for the purposes of section 15 of the Act.
(2) Any person who handles or transports the body of a person who dies from a disease referred to in subsection (1) shall do so in accordance with
(a) any directions of the Chief Public Health Officer respecting the handling or transportation of the body;
(b) the NWT Infection Prevention and Control (IPAC) Standards, as adopted under paragraph 3(1)(c); and
(c) any policies and procedures for the handling or transportation of the body of a person who dies from a reportable disease approved by the Chief Public Health Officer.
Instructions from the
Chief Public Health Officer
(1) Where a diagnosis, opinion or direction given by a health care professional under these regulations conflicts with that of the Chief Public Health Officer, the diagnosis, opinion or direction given by the Chief Public Health Officer prevails.
(2) Where a direction given by a person in charge of a health facility who is carrying out their duties under these regulations conflicts with that of the Chief Public Health Officer, the direction given by the Chief Public Health Officer prevails. R-051-2024,s.6.
Offences
No person shall
(a) obstruct the Chief Public Health Officer in the performance of their duties in carrying out these regulations;
(b) aid or assist any person who is isolated in an isolation facility under section 14 of these regulations or sections 25, 28, or 30 of the Act, to escape the facility, or harbour or hide such a person; or
(c) except with the consent or under the direction of the Chief Public Health Officer,
(i) remove or otherwise interfere with any signs required to be displayed in an order under paragraph 25(2)(b) of the Act,
(ii) enter or leave any premises described in an order under paragraph 25(2)(b) of the Act, or
(iii) in the case of an outbreak of a reportable disease, enter any premises described in an order under paragraph 25(2)(c) of the Act, if the person is not immunized against the reportable disease.
SCHEDULE (section 18)
PRESCRIBED DISEASES FOR THE
PURPOSES OF SECTION 15 OF THE ACT
1. Acquired immunodeficiency syndrome (AIDS)
2. Amoebic and bacillary dysentery
3. Anthrax
4. Brucellosis
5. Cholera
6. Diphtheria
7. Diseases caused by a novel coronavirus, including Severe Acute Respiratory Syndrome (SARS), Middle East Respiratory Syndrome (MERS) and Severe Outcomes of SARS-CoV-2 (COVID-19)
8. Group A streptococcal infections, invasive, including toxic shock syndrome, necrotizing fasciitis, myositis and pneumonitis
9. Hemorrhagic fevers, including Ebola, Marburg Virus, Lassa Virus and Sudan Virus
10. Hepatitis (any type)
11. Human immunodeficiency virus (HIV) infections
12. Meningitis
13. Methicillin-resistant staphylococcus aureus
(MRSA)
14. Orthopoxvirus, including Mpox and smallpox
15. Plague
16. Prion disease, including Creutzfeldt Jakob-disease
17. Rabies
18. Scarlet fever
19. Tuberculosis disease
20. Typhoid and paratyphoid fevers
21. Typhus
22. Vancomycin-resistant enterococci (VRE)
23. Yellow fever
24. Unusual clinical manifestations of a disease