Public Health Act - Frequently Asked Questions
1. What has prompted the revamping of the Health Act and the proposal for new legislation? The BC Health Act has been added to and updated over the years since it was introduced in 1893 but it has not had a major overhaul and since that time, while new public health challenges have emerged. Revising the name of the Act to the Public Health Act also more clearly defines the purpose of the updated legislation. Updating the legislation will help in being prepared to deal with health concerns such as SARS, the threats of pandemic influenza and bio-terrorism, the rising burden of chronic disease and the need for a strong focus on disease prevention.  2. What is wrong with the current health law? Doesn’t the Health Act provide the necessary tools to protect public health? The current Act contains the provisions necessary to protect public health. However, there are many improvements that can be made. The new Act replaces outdated sections with more modern sections to deal with current public health hazards and emergencies, core public health functions, and clearly defining public health authorities and their responsibilities. 3. What are some of the major differences between the current Act and the Public Health Act? The Public Health Act has updated quarantine and isolation provisions which provide public health officials with the powers necessary to protect the public against communicable diseases and to deal with health hazards. The powers and duties of the Minister and public health officials are clarified and strengthened. The new Act has additional regulatory powers to be able to require the reporting of non-communicable diseases, syndromes, health hazards, injuries, and other matters that adversely affect the health of the public. The new Act has additional regulatory powers to be able to require the mandatory reporting of non-communicable diseases, syndromes, health hazards, injuries, and other matters that adversely affect the health of the public. In the new Act, medical health officers can issue preventive orders (i.e. quarantine order) to groups of individuals, and can adjust the order to add or release people from the order. In the previous Health Act, medical health officers had to issue separate orders for each individual. The new Act contains the ability for the minister to require development of public health plans for health promotion and protection to address issues such as chronic disease prevention, inclusion of mental health and substance services in communities, or health hazards like West Nile Virus. The Public Health Act has new provisions that enable the development of health impediment regulations. Health impediments are matters that adversely affect public health from long-term, cumulative exposures that: cause significant chronic disease or disability; interfere with the goals of public health initiatives; or are associated with poor health in the population (e.g. foods high in trans fats). In the new Act, liability protection is provided for health officials, health practitioners and individuals who take actions to protect public health to ensure they are not prevented from acting out of fear of legal retribution. Stronger penalties are provided in the new Act to ensure compliance and act as a deterrent. 4. How does the new Act help protect the public against pandemics and public health emergencies? Revisions to the Act enhance the ability to take immediate action in the event of a public health emergency such as a pandemic, and ensuring that health officials have the authority they need to take actions to protect the health of the public. Examples of protective actions include quarantine and isolation measures, and closures of public places to help prevent the spread of a disease or health hazard. 5. Under the revised legislation, how extensive are the powers to enforce quarantine and other protective measures during an outbreak? During an outbreak, the enforcement powers of health officials would be very similar to those in the Health Act. Medical health officers would still be empowered to quarantine and isolate individuals who pose a significant risk of spreading serious communicable diseases to others, but enforcement of these powers would only be used for individuals who do not voluntarily comply with medical health officers’ orders. An additional provision is included to allow a quarantine order to be made to a group of people to expedite the prevention of disease. This could apply, for example, if employees at a work site or a group of people at a social gathering were exposed to a disease that posed a serious public health risk. The ability to quarantine groups of individuals was an important power that had to be provided to deal with the SARS situation in Ontario, and we wish to provide B.C. health officials with similar powers. 6. Will the government or health authorities be given more extensive powers under the new Public Health Act? The new Act will have the similar powers as the Health Act; however, the Public Health Act will also have some new powers to ensure that public health officials have the ability to take necessary actions to prevent disease and other health hazards. For example, medical health officers can have a person who is spreading disease detained until a court order can be obtained, or during a wide spread emergency, the Provincial Health Officer can take command of directing the public health response. 7. In the new Act, what protections are in place for individuals affected by a health officer’s orders e.g. if a person is ordered to be under quarantine? The Act allows for reconsideration of orders by the health officer, and review of orders by a senior health officer or the Provincial Health Officer. Judicial review is also available. The Act also requires accountability for emergency powers exercised by health officials; individuals affected must be given written reasons and/or rights to reconsideration or re-assessment once the emergency ends. 8. How does the Public Health Act protect the privacy of individuals in situations where information is collected by public health officials to monitor the incidence of communicable diseases and for controlling the spread of hazardous agents? The conditions under which health officials may request or disclose information are limited and specific. How information or records will be collected, used and disclosed will be subject the requirements of the Freedom of Information and Protection of Privacy Act, or the Personal Information Protection Act, as well as additional requirements to be prescribed in the regulations. Consultations with interested/affected stakeholders and the Information and Privacy Commissioner will precede the development of any new regulations 9. Will this Act affect provincial authority over municipalities in the areas of environmental protection (e.g. water, air, etc.)? This Act would not change provincial authority over municipalities in these areas as these areas are covered by other legislation such as the Drinking Water Protection Act, the Environmental Management Act, and the Community Charter. The Act supports and clarifies the important working relationship between municipalities, regional health authorities, and the provincial government. 10. How will the Public Health Act change powers or responsibilities of health authorities and local government? This Act is not intended to increase powers and responsibilities, but rather clarify and modernize the legislative terminology underpinning these areas. The Act clarifies the public health obligations for local governments to reflect their relationship with the regional health authorities. The abilities of local governments to directly issue health hazard abatement orders has been removed as they no longer have staff with that expertise. Local governments are able to request that medical health officers issue such orders, and they may be given powers to deal with specific health hazards if they so desire. 11. Will the new Act result in the downloading of provincial responsibility for public health protection and improvement to local governments? Public health protection and improvement is a shared responsibility between the Ministry of Health, health authorities, local governments and many others and that sharing of responsibility will continue in much the same way it currently stands.
12. Did the ministry seek public input prior to any legislation being drafted? A public website with consultation documents and information about how to provide input was created and available starting in January 2005. Representatives from many stakeholders were specifically sought out for their feedback such as other provincial government departments, regional health authorities, local government (through the Union of British Columbia Municipalities), Public Health Association of BC, First Nations health organizations, and the provincial business community. 13. Will this legislation add any financial burden on the health care system and taxpayers? Most of the additions are updating existing sections or adding powers that, while important, would be very rarely used. The proposed revisions do not include additional structures or major additional processes that will require substantial ongoing financial expenditures. Any regulation proposals that require additional financial resources will be examined to ensure value for the expected costs. 14. Are measures to improve health promotion being considered in the new Act? The new Act allows the minister to require the development of public health plans which can be used to increase the focus on the chronic disease prevention, health promotion, and the determinants of health. 15. How will the new Public Health Act relate to the Drinking Water Protection Act and Food Safety Act? The Drinking Water Protection Act and Food Safety Act are specific to drinking water safety and food safety protection. The new Act will cover areas such as communicable disease and environmental health hazards that are not covered by these other Acts. Health officials may also use the new Public Health Act to complement their powers under these other Acts. 16. Are changes to the existing Act going to allow more private surgeries or private health care insurance? No. The changes will not be addressing private surgeries or health care insurance. The changes will be dealing with public health services, those services that focus on preventing diseases, injuries, disorders, and disabilities and protecting and improving the health status of communities. 17. How will the new Public Health Act affect jurisdiction over public health services on Indian Reserves? The new Act will not change current jurisdiction on reserves. Provincial, regional, and federal officials will continue to work with First Nations in the delivery of public health services. This new Act will enable alternate working arrangements for regional health authority medical health officers and environmental health officers to provide services to First Nations should the First Nations so desire such an arrangement. 18. What legal powers does the new Aboriginal Health Physician Advisor working in the office of the Provincial Health Officer have? The new physician does not have any legislative powers. These all continue to rest with the Provincial Health Officer. The new physician is assisting the Provincial Health Officer with monitoring and reporting on the health of First Nations, and working with First Nations, the ministry, and health authorities on measures to improve aboriginal health. 19. Will the new Public Health Act affect cultural practices? No, not unless a particular cultural practice creates a health hazard or increases the spread of communicable diseases. If such a rare circumstance were to arise, public health officials would work with the cultural group regarding continuation of the practices while preventing a public health hazard or spread of communicable diseases. 20. How does the new Act help address issues of mental health and addictions?
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