Public Health Bylaws under the Community CharterThe Community Charter came into effect on January 1, 2004. The Charter gives municipalities broad powers to regulate activities in their communities in specific areas or "spheres". Local councils have discretion to do what is best considering local circumstances and in compliance with provincial laws. The Community Charter recognizes five “spheres” for regulating activities that both the local governments and the Province have an interest in:
The Ministry of Community Services concurrent regulatory authority page can be referenced for more information on the application of public health bylaws within these “spheres”. Local Governments creating public health bylaws under the Community Charter may require consultation with the local health authority and approval or deposit of the bylaw with the Minister of Health before the bylaw can come into effect. Local governments are responsible for determining whether they require approvals and applying for them. The Ministry of Health, the Ministry of Community Services, and the Union of BC Municipalities have drawn up a consultation agreement to assist with this process. The agreement includes protocols on bringing bylaws into effect under the Public Health Bylaws Regulation. Any local government drafting a bylaw on matters related to public health should be aware of legal requirements and should consult the Ministry contact listed below for additional information and advice: Executive Director, Health Protection
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