jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The purpose of this Act is to provide for the organization and delivery of public health programs and services, the prevention of the spread of disease and the promotion and protection of the health of the people of Ontario.  R.S.O. 1990, c. H.7, s. 2.
3 This Act binds the Crown.  R.S.O. 1990, c. H.7, s. 3. PART II   HEALTH PROGRAMS AND SERVICES
4 Every board of health, (a) shall superintend, provide or ensure the provision of the health programs and services required by this Act and the regulations to the persons who reside in the health unit served by the board; and (b) shall perform such other functions as are required by or under this or any other Act.  R.S.O. 1990, c. H.7, s. 4.
5 Every board of health shall superintend, provide or ensure the provision of health programs and services in the following areas: 1. Community sanitation, to ensure the maintenance of sanitary conditions and the prevention or elimination of health hazards. 1.1 The provision of safe drinking water by small drinking water systems. 2. Control of infectious diseases and diseases of public health significance, including provision of immunization services to children and adults. 3. Health promotion, health protection and disease and injury prevention, including the prevention and control of cardiovascular disease, cancer, AIDS and other diseases. 4. Family health, including, i. counselling services, ii. family planning services, iii. health services to infants, pregnant women in high risk health categories and the elderly, iv. preschool and school health services, including dental services, v. screening programs to reduce the morbidity and mortality of disease, vi. tobacco use prevention programs, and vii. nutrition services. 4.1 Collection and analysis of epidemiological data. 4.2 Such additional health programs and services as are prescribed by the regulations. 5.  Repealed:  1994, c. 26, s. 71. R.S.O. 1990, c. H.7, s. 5; 1994, c. 26, s. 71; 1997, c. 30, Sched. D, s. 2; 2007, c. 10, Sched. D, s. 1 (3); 2017, c. 25, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 1994, c. 26, s. 71 - 31/12/2011; 1997, c. 30, Sched. D, s. 2 (1, 2) - 01/01/1998 2007, c. 10, Sched. D, s. 1 (3) - 01/12/2008 2017, c. 25, Sched. 3, s. 3 - 01/05/2018
6 (1) Every board of health shall provide such of the health programs and services as are prescribed by the regulations for the purposes of this section to the pupils attending schools within the health unit served by the board of health.  R.S.O. 1990, c. H.7, s. 6 (1). Consent of school (2) Subsection (1) does not apply in respect of pupils attending a school unless the person or organization that operates the school has agreed to the provision of the particular health program or service to the pupils attending the school.  R.S.O. 1990, c. H.7, s. 6 (2). Application of subs. (1) (3) Subsection (1) applies only in respect of the classifications of pupils prescribed by the regulations in respect of a health program or service.  R.S.O. 1990, c. H.7, s. 6 (3). Prohibition (4) Where a board of health is required by this Act or the regulations, on request of a person or organization that operates a school, to provide or ensure the provision of a health program or service, no person or organization that operates a school in the health unit served by the board of health shall provide or ensure the provision of the health program or service to a pupil in the school without the approval of the medical officer of health for the health unit.  R.S.O. 1990, c. H.7, s. 6 (4). Separate school rights preserved (5) Subsections (1) to (4) shall not be construed to adversely affect any right or privilege respecting separate schools enjoyed by separate school boards or their supporters under the Constitution Act, 1867 and the Education Act.  R.S.O. 1990, c. H.7, s. 6 (5).
7 (1) The Minister may publish public health standards for the provision of mandatory health programs and services and every board of health shall comply with them. 2017, c. 25, Sched. 3, s. 4 (1). Idem (2) Public health standards shall be transmitted to each board of health and shall be available for public inspection at the Ministry.  R.S.O. 1990, c. H.7, s. 7 (2); 2017, c. 25, Sched. 3, s. 1 (2), 4 (2). Not regulations (3) A public health standard is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  R.S.O. 1990, c. H.7, s. 7 (3); 2006, c. 21, Sched. F, s. 136 (1); 2017, c. 25, Sched. 3, s. 1 (1). Conflict (4) In the event of conflict between a regulation and a public health standard, the regulation prevails.  R.S.O. 1990, c. H.7, s. 7 (4); 2017, c. 25, Sched. 3, s. 1 (1). Adoption of codes (5) A public health standard may adopt by reference, in whole or in part, with such changes as are specified in the public health standard, any code, formula, protocol or procedure and may require compliance with the code, formula, protocol or procedure so adopted.  2007, c. 10, Sched. D, s. 1 (4); 2017, c. 25, Sched. 3, s. 1 (1). Rolling incorporation (6) If a public health standard under subsection (5) so provides, a code, formula, protocol or procedure adopted by reference shall be a reference to it as amended from time to time and whether the amendment was made before or after the public health standard was made.  2007, c. 10, Sched. D, s. 1 (4); 2017, c. 25, Sched. 3, s. 1 (1). When effective (7) The adoption of an amendment to a code, formula, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment and transmitting the notice to each board of health.  2007, c. 10, Sched. D, s. 1 (4). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2007, c. 10, Sched. D, s. 1 (4) - 30/09/2008 2017, c. 25, Sched. 3, s. 1 (1, 2), 4 (1, 2) - 01/05/2018
8 A board of health is not required by this Part to provide or ensure the provision of a mandatory health program or service referred to in this Part except to the extent and under the conditions prescribed by the regulations and the public health standards.  R.S.O. 1990, c. H.7, s. 8; 2017, c. 25, Sched. 3, s. 1 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 1 (2) - 01/05/2018
9 A board of health may provide any other health program or service in any area in the health unit served by the board of health if, (a) the board of health is of the opinion that the health program or service is necessary or desirable, having regard to the needs of persons in the area; and (b) the councils of the municipalities in the area approve of the provision of the health program or service.  R.S.O. 1990, c. H.7, s. 9. PART III   COMMUNITY HEALTH PROTECTION
10 (1) Every medical officer of health shall inspect or cause the inspection of the health unit served by him or her for the purpose of preventing, eliminating and decreasing the effects of health hazards in the health unit.  R.S.O. 1990, c. H.7, s. 10 (1). Idem (2) The duty of every medical officer of health under subsection (1) includes, but is not limited to, the duty to inspect or cause the inspection of the following: 1. Food premises and any food and equipment thereon or therein. 2. Premises used or intended for use as a boarding house or lodging house.  R.S.O. 1990, c. H.7, s. 10 (2).
11 (1) Where a complaint is made to a board of health or a medical officer of health that a health hazard related to occupational or environmental health exists in the health unit served by the board of health or the medical officer of health, the medical officer of health shall notify the ministry of the Government of Ontario that has primary responsibility in the matter and, in consultation with the ministry, the medical officer of health shall investigate the complaint to determine whether the health hazard exists or does not exist.  R.S.O. 1990, c. H.7, s. 11 (1). Report (2) The medical officer of health shall report the results of the investigation to the complainant, but shall not include in the report personal health information within the meaning of the Personal Health Information Protection Act, 2004 in respect of a person other than the complainant, unless consent to the disclosure is obtained in accordance with that Act.  2004, c. 3, Sched. A, s. 86. Conflict (3) The obligation imposed on the medical officer of health under subsection (2) prevails despite anything to the contrary in the Personal Health Information Protection Act, 2004.  2004, c. 3, Sched. A, s. 86. Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 86 - 01/11/2004
12 (1) Every medical officer of health shall keep himself or herself informed in respect of matters related to occupational and environmental health.  R.S.O. 1990, c. H.7, s. 12 (1). Provision of information to M.O.H. (2) The Ministry of the Environment, the Ministry of Health and Long-Term Care, the Ministry of Labour or a municipality shall provide to a medical officer of health such information in respect of any matter related to occupational or environmental health as is requested by the medical officer of health, is in the possession of the ministry or municipality and the ministry or municipality is not prohibited by law from disclosing.  R.S.O. 1990, c. H.7, s. 12 (2); 2006, c. 19, Sched. L, s. 11 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. L, s. 11 (3) - 22/06/2006
12.1 (1) A medical officer of health may, in respect of small drinking water systems, vary requirements in prescribed provisions of the regulations on a temporary basis and may establish interim requirements with which an owner or operator of the small drinking water system must comply.  2007, c. 10, Sched. D, s. 1 (5). Limitation on power of M.O.H. (2) In exercising his or her authority under subsection (1), a medical officer of health shall ensure that the risk to the users of the small drinking water system is not increased by the variance in the requirements or by the establishment of interim requirements.  2007, c. 10, Sched. D, s. 1 (5). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 1 (5) - 01/12/2008
14 (1) A medical officer of health, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the persons whose services are engaged by or to agents of the board of health of the health unit served by the medical officer of health.  R.S.O. 1990, c. H.7, s. 14 (1). When M.O.H. may give directions (2) A medical officer of health may give directions in accordance with subsection (3) where the medical officer of health is of the opinion, upon reasonable and probable grounds, that a health hazard exists in the health unit and the person to whom an order is or would be directed under section 13, (a) has refused to or is not complying with the order; (b) is not likely to comply with the order promptly; (c) cannot be readily identified or located and as a result the order would not be carried out promptly; or (d) requests the assistance of the medical officer of health in eliminating or decreasing the effect of the health hazard.  R.S.O. 1990, c. H.7, s. 14 (2). Contents of directions (3) Under this section, a medical officer of health may direct the persons whose services are engaged by or the agents of the board of health of the health unit served by the medical officer of health to take such action as is specified in the directions in respect of eliminating or decreasing the health hazard.  R.S.O. 1990, c. H.7, s. 14 (3). Idem (4) Directions under this section may include, but are not limited to, (a) authorizing and requiring the placarding of premises specified in the directions to give notice of the existence of a health hazard or of an order made under this Act, or both; (b) requiring the doing of work specified in the directions in, on or about any premises; (c) requiring the removal of anything that the directions state is a health hazard from premises or the environs of premises specified in the directions; (d) requiring the detention of any matter or thing removed from any premises or the environs of any premises; (e) requiring the cleaning or disinfecting, or both, of any premises or thing specified in the directions; (f) requiring the destruction of any thing specified in the directions.  R.S.O. 1990, c. H.7, s. 14 (4).
15 (1) The expenses incurred by a board of health in respect of a health hazard in, on or of any premises may be recovered from the owner or the occupier, or both, of the premises, with costs, by the board of health by action in a court of competent jurisdiction.  R.S.O. 1990, c. H.7, s. 15 (1). Statement to municipal clerk (2) In the alternative, where costs and expenses of a board of health that may be recovered from the owner or occupier of premises are not paid within sixty days after a demand to the owner or occupier for payment, the secretary of the board of health may transmit to the clerk of the municipality in which the premises are situated a statement setting out, (a) the amount of the costs and expenses; (b) the name of the owner of the premises; and (c) the location of the premises.  R.S.O. 1990, c. H.7, s. 15 (2). Collection (3) Upon receipt of the statement, the clerk of the municipality shall enter the amount in the collector’s roll and the amount shall be collected in the same manner as municipal real property taxes and the amount collected shall be paid over to the board of health.  R.S.O. 1990, c. H.7, s. 15 (3); 1999, c. 12, Sched. J, s. 32. Recovery by occupier (4) Where an amount recovered by a board of health after a demand or under subsection (1) from an occupier of premises is, between the occupier and the owner of the premises, the responsibility of the owner, the occupier is entitled to recover the amount from the owner or to deduct the amount from any other amount due from the occupier to the owner.  R.S.O. 1990, c. H.7, s. 15 (4). Recovery by owner (5) Where an amount recovered by a board of health after a demand or under subsection (1) or (3) from an owner of premises is, between the owner and the occupier, the responsibility of the occupier, the owner is entitled to recover the amount from the occupier or to add the amount to any other amount due from the occupier to the owner.  R.S.O. 1990, c. H.7, s. 15 (5). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. J, s. 32 - 01/05/2000
16 (1) Every person who operates a food premise shall maintain and operate the food premise in accordance with the regulations.  R.S.O. 1990, c. H.7, s. 16 (1). Notice of intention to commence operation (2) Every person who intends to commence to operate a food premise shall give notice of the person’s intention to the medical officer of health of the health unit in which the food premise will be located.  R.S.O. 1990, c. H.7, s. 16 (2). Persons employed on or in food premise (3) Every person employed on or in a food premise shall comply with the standards and requirements prescribed by the regulations for such persons.  R.S.O. 1990, c. H.7, s. 16 (3). Information (4) Every person who operates a food premise shall furnish the medical officer of health of the health unit in which the food premise is located with such information as the medical officer of health requests in respect of the manufacturing, processing, preparation, storage, handling, display, transportation, sale or offering for sale of any food on or in the food premise and the distribution of food from the food premise.  R.S.O. 1990, c. H.7, s. 16 (4). Records (5) Every person who operates a food premise shall keep such records in respect of the manufacturing, processing, preparation, storage, handling, display, transportation and sale, or offering for sale of food on or in the food premise and the distribution of food from the food premise as are prescribed by the regulations, and shall keep the records in such form, with such detail and for such length of time as are prescribed by the regulations.  R.S.O. 1990, c. H.7, s. 16 (5).
17 No person shall sell or offer for sale any food that is unfit for human consumption by reason of disease, adulteration, impurity or other cause.  R.S.O. 1990, c. H.7, s. 17.
18 (1) No person shall sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act.  R.S.O. 1990, c. H.7, s. 18 (1). Milk products (2) No person shall sell, offer for sale, deliver or distribute a milk product processed or derived from milk that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act.  R.S.O. 1990, c. H.7, s. 18 (2). Exception (3) Subsection (1) does not apply in respect of milk or cream that is sold, offered for sale, delivered or distributed to a plant licensed under the Milk Act.  R.S.O. 1990, c. H.7, s. 18 (3). Definition (4) In subsection (2), “milk product” means a product processed or derived in whole or mainly from milk.  R.S.O. 1990, c. H.7, s. 18 (4).
18.1 (1) No person shall sell, offer for sale or provide, any of the following: 1. Scleral tattooing. 2. Implantation of eye jewellery under the conjunctiva. 2017, c. 25, Sched. 3, s. 5. Exception (2) Subsection (1) does not apply to a member of a health profession set out in Schedule 1 of the Regulated Health Professions Act, 1991, as long as the person is complying with all requirements provided for in the regulations under this Act. 2017, c. 25, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 5 - 01/05/2018
19 (1) A medical officer of health or a public health inspector who is of the opinion, upon reasonable and probable grounds, that a condition of any substance, thing, plant or animal other than man is a health hazard may seize or cause the seizure of the substance, thing, plant or animal.  R.S.O. 1990, c. H.7, s. 19 (1). Examination (2) The medical officer of health or public health inspector shall detain the substance, thing, plant or animal pending such examination or investigation as is necessary in his or her opinion or as is requested by the owner or person from whom the substance, thing, plant or animal was seized, to determine the existence of the health hazard.  R.S.O. 1990, c. H.7, s. 19 (2). Return (3) Where the examination or investigation indicates that a health hazard is not present, the medical officer of health or public health inspector shall release the substance, thing, plant or animal to the owner or person from whom it was seized.  R.S.O. 1990, c. H.7, s. 19 (3). Destruction (4) Where the examination or investigation indicates that a health hazard is present, the medical officer of health or public health inspector shall destroy or dispose of the substance, thing, plant or animal or take such other action as will eliminate or decrease the health hazard.  R.S.O. 1990, c. H.7, s. 19 (4). Food (5) Where food is seized under this section and the medical officer of health or public health inspector is of the opinion, upon reasonable and probable grounds, that the condition of the food is a health hazard, subsections (2) and (3) do not apply and he or she may destroy or dispose of the food or cause it to be destroyed or disposed of without further examination or investigation.  R.S.O. 1990, c. H.7, s. 19 (5).
20 Every person who owns a residential building shall provide, (a) potable water; and (b) sanitary facilities or a privy, for the residents of the residential building.  R.S.O. 1990, c. H.7, s. 20. PART IV   COMMUNICABLE DISEASES
23 Where an order by a medical officer of health in respect of a communicable disease is directed to a person under sixteen years of age and is served upon the parent of the person or upon any other person who has the responsibilities of a parent in relation to the person under sixteen years of age, the parent or other person shall ensure that the order is complied with.  R.S.O. 1990, c. H.7, s. 23; 2021, c. 4, Sched. 11, s. 15. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 15 - 19/04/2021
24 (1) A medical officer of health, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the persons whose services are engaged by or to agents of the board of health of the health unit served by the medical officer of health.  R.S.O. 1990, c. H.7, s. 24 (1). When M.O.H. may give directions (2) A medical officer of health may give directions in accordance with subsection (3) where the medical officer of health is of the opinion, upon reasonable and probable grounds, that a communicable disease exists in the health unit and the person to whom an order is or would be directed under section 22, (a) has refused to or is not complying with the order; (b) is not likely to comply with the order promptly; (c) cannot be readily identified or located and as a result the order would not be carried out promptly; or (d) requests the assistance of the medical officer of health in eliminating or decreasing the risk to health presented by the communicable disease.  R.S.O. 1990, c. H.7, s. 24 (2); 1997, c. 30, Sched. D, s. 4 (1). Contents of directions (3) Under this section, a medical officer of health may direct the persons whose services are engaged by or who are the agents of the board of health of the health unit served by the medical officer of health to take such action as is specified in the directions in respect of eliminating or decreasing the risk to health presented by the communicable disease.  R.S.O. 1990, c. H.7, s. 24 (3); 1997, c. 30, Sched. D, s. 4 (2). Idem (4) Directions under this section may include, but are not limited to, (a) authorizing and requiring the placarding of premises specified in the directions to give notice of the existence of a communicable disease or of an order made under this Act, or both; (b) requiring the cleaning or disinfecting, or both, of any thing or any premises specified in the directions; (c) requiring the destruction of any thing specified in the directions.  R.S.O. 1990, c. H.7, s. 24 (4). Recovery of expenses (5) The expenses incurred by a board of health in carrying out directions given by a medical officer of health in respect of a communicable disease may be recovered with costs by the board of health from the person to whom an order is or would be directed under section 22 in respect of the communicable disease by action in a court of competent jurisdiction.  R.S.O. 1990, c. H.7, s. 24 (5). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 4 (1, 2) - 01/01/1998
25 (1) A physician or a practitioner as defined in subsection (2) who, while providing professional services to a person who is not a patient in or an out-patient of a hospital, forms the opinion that the person has or may have a disease of public health significance shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the professional services are provided.  R.S.O. 1990, c. H.7, s. 25; 1998, c. 18, Sched. G, s. 55 (2); 2017, c. 25, Sched. 3, s. 1 (3). Definition (2) In subsection (1), “practitioner” means, (a) a member of the College of Chiropractors of Ontario, (b) a member of the Royal College of Dental Surgeons of Ontario, (c) a member of the College of Nurses of Ontario, (d) a member of the Ontario College of Pharmacists, (e) a member of the College of Optometrists of Ontario, (f) a member of the College of Naturopaths of Ontario, (g) a prescribed person.  1998, c. 18, Sched. G, s. 55 (3); 2007, c. 10, Sched. F, s. 3; 2007, c. 10, Sched. P, s. 17. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (2, 3) - 01/02/1999 2007, c. 10, Sched. F, s. 3 - 07/08/2007; 2007, c. 10, Sched. P, s. 17 - 01/07/2015 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018
26 A physician or registered nurse in the extended class who, while providing professional services to a person, forms the opinion that the person is or may be infected with an agent of a communicable disease shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the professional services are provided.  R.S.O. 1990, c. H.7, s. 26; 2007, c. 10, Sched. F, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 4 - 07/08/2007
27 (1) The administrator of a hospital shall report to the medical officer of health of the health unit in which the hospital is located if an entry in the records of the hospital in respect of a patient in or an out-patient of the hospital states that the patient or out-patient has or may have a disease of public health significance or is or may be infected with an agent of a communicable disease.  R.S.O. 1990, c. H.7, s. 27 (1); 2017, c. 25, Sched. 3, s. 1 (3). Duty of superintendent of institution to report re disease (2) The superintendent of an institution shall report to the medical officer of health of the health unit in which the institution is located if an entry in the records of the institution in respect of a person lodged in the institution states that the person has or may have a disease of public health significance or is or may be infected with an agent of a communicable disease.  R.S.O. 1990, c. H.7, s. 27 (2); 2017, c. 25, Sched. 3, s. 1 (3). When report to be given (3) The administrator or the superintendent shall report to the medical officer of health as soon as possible after the entry is made in the records of the hospital or institution, as the case may be.  R.S.O. 1990, c. H.7, s. 27 (3). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018
28 The principal of a school who is of the opinion that a pupil in the school has or may have a communicable disease shall, as soon as possible after forming the opinion, report thereon to the medical officer of health of the health unit in which the school is located.  R.S.O. 1990, c. H.7, s. 28.
29 (1) The operator of a laboratory shall report to the medical officer of health of the health unit in which the person from whom the specimen was taken resides each case of a positive laboratory finding in respect of a disease of public health significance, as soon as possible after the making of the finding.  2009, c. 33, Sched. 18, s. 12 (3); 2017, c. 25, Sched. 3, s. 1 (3). Contents and time of report (2) A report under this section shall state the laboratory findings and shall be made within the time prescribed by the regulations.  R.S.O. 1990, c. H.7, s. 29 (2). Definition (3) In this section, “laboratory” has the same meaning as in section 5 of the Laboratory and Specimen Collection Centre Licensing Act.  R.S.O. 1990, c. H.7, s. 29 (3). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 5 - 01/04/2008 2009, c. 33, Sched. 18, s. 12 (3) - 15/12/2009 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018
29.1 (1) Where a medical officer of health is of the opinion, based on information he or she has received, that a communicable disease may have been acquired through exposure at a health facility, and the communicable disease has not been reported to the medical officer of health by that facility, the medical officer of health may report to the administrator of the health facility both the opinion and the basis on which the medical officer of health has come to the opinion.  2007, c. 10, Sched. F, s. 6. Definition (2) In this section, “health facility” means a hospital to which the Public Hospitals Act applies, a long-term care facility regulated under a statute of Ontario, a psychiatric facility within the meaning of the Mental Health Act, or a person or entity prescribed as a health facility.  2007, c. 10, Sched. F, s. 6. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 6 - 01/01/2008
29.2 (1) Subject to subsection (2), a medical officer of health may make an order requiring a public hospital or an institution to take any actions specified in the order for the purposes of monitoring, investigating and responding to an outbreak of communicable disease at the hospital or institution.  2007, c. 10, Sched. F, s. 6. When order may be made (2) A medical officer of health may make an order under subsection (1) if he or she is of the opinion, upon reasonable and probable grounds, that an outbreak of a communicable disease exists or may exist at the public hospital or institution, and that the communicable disease presents a risk to the health of persons in the public hospital or institution, and that the measures specified in the order are necessary in order to decrease or eliminate the risks to health associated with the outbreak.  2007, c. 10, Sched. F, s. 6. Time (3) In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the order must be complied with.  2007, c. 10, Sched. F, s. 6. Person directed (4) An order under this section may be directed to the administrator of the public hospital or the superintendent of the institution, and the administrator or superintendent shall ensure that the actions provided for in the order are taken.  2007, c. 10, Sched. F, s. 6. Reasons for order (5) An order under this section is not effective unless the reasons for the order are set out in the order.  2007, c. 10, Sched. F, s. 6. Definitions (6) In this section, “institution” means an institution as defined in subsection 21 (1); (“établissement”) “public hospital” means a hospital to which the Public Hospitals Act applies.  (“hôpital public”)  2007, c. 10, Sched. F, s. 6. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 6 - 01/01/2008
30 A physician or registered nurse in the extended class who signs a medical certificate of death in the form prescribed by the regulations under the Vital Statistics Act where the cause of death was a disease of public health significance or a disease of public health significance was a contributing cause of death shall, as soon as possible after signing the certificate, report thereon to the medical officer of health of the health unit in which the death occurred.  R.S.O. 1990, c. H.7, s. 30; 2007, c. 10, Sched. F, s. 7; 2017, c. 25, Sched. 3, s. 1 (3). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 7 - 07/08/2007 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018
31 (1) Every medical officer of health shall report to the Ministry and the Ontario Agency for Health Protection and Promotion in respect of diseases of public health significance and in respect of deaths from such diseases that occur in the health unit served by the medical officer of health. 2017, c. 25, Sched. 3, s. 6. Reports by M.O.H. re events (2) Every medical officer of health shall report to the Ministry and the Ontario Agency for Health Protection and Promotion within seven days after receiving a report concerning a reportable event under section 38 that occurs in the health unit served by the medical officer of health. 2017, c. 25, Sched. 3, s. 6. Definition (3) In this section, “Ontario Agency for Health Protection and Promotion” means the Ontario Agency for Health Protection and Promotion established under section 3 of the Ontario Agency for Health Protection and Promotion Act, 2007. 2017, c. 25, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 6 - 01/05/2018
32 (1) A medical officer of health may transmit to another medical officer of health or to the proper public health official in another jurisdiction any information in respect of a person in relation to whom a report in respect of a disease of public health significance has been made under this Act.  R.S.O. 1990, c. H.7, s. 32 (1); 2017, c. 25, Sched. 3, s. 1 (3). Transmittal of report (2) Where the person in respect of whom a report is made under this Part to a medical officer of health does not reside in the health unit served by the medical officer of health, the medical officer of health shall transmit the report to the medical officer of health serving the health unit in which the person resides.  R.S.O. 1990, c. H.7, s. 32 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018
33 (1) Every physician, public health nurse or other health care professional person attending at the birth of a child shall ensure that the requirements prescribed by the regulations in respect of communicable diseases of the eyes of the new-born child are complied with.  R.S.O. 1990, c. H.7, s. 33. Health Care Consent Act, 1996 (2) The Health Care Consent Act, 1996 does not apply to the requirements prescribed by the regulations in respect of communicable diseases of the eyes of the new-born child.  1996, c. 2, s. 67 (2). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 67 (2) - 29/03/1996
34 (1) Every physician and every registered nurse in the extended class shall report to the medical officer of health the name and residence address of any person who is under the care and treatment of the physician or the nurse in respect of a communicable disease and who refuses or neglects to continue the treatment in a manner and to a degree satisfactory to the physician or the nurse.  2007, c. 10, Sched. F, s. 8 (1). Report to be made to M.O.H. (2) A report under subsection (1) shall be made to the medical officer of health serving the health unit in which the physician or registered nurse in the extended class provided the care and treatment.  R.S.O. 1990, c. H.7, s. 34 (2); 2007, c. 10, Sched. F, s. 8 (2). Transmittal to M.O.H. where person resides (3) Where the person does not reside in the health unit served by the medical officer of health mentioned in subsection (2), the medical officer of health shall transmit the report to the medical officer of health serving the health unit in which the person resides.  R.S.O. 1990, c. H.7, s. 34 (3). Additional information (4) A physician or registered nurse in the extended class who makes a report under subsection (1) shall report to the medical officer of health at such times as are prescribed by the regulations any additional information prescribed by the regulations.  R.S.O. 1990, c. H.7, s. 34 (4); 2007, c. 10, Sched. F, s. 8 (3). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 8 (1-3) - 07/08/2007
36 (1) Where a medical officer of health has made an order in respect of a communicable disease that is a virulent disease requiring a person to place himself or herself under the care and treatment of a physician or to take other action specified in the order and the person withdraws from the care and treatment or fails to continue the specified action, section 35 applies with necessary modifications and for the purpose, the person shall be deemed to have failed to comply with an order of the medical officer of health.  R.S.O. 1990, c. H.7, s. 36 (1). Failure to comply with isolation order (2) Where a person who is infected with an agent of a communicable disease has failed to comply with an order by a medical officer of health that the person isolate himself or herself and remain in isolation from other persons, section 35 applies with necessary modifications.  R.S.O. 1990, c. H.7, s. 36 (2).
38 (1) In this section, “immunizing agent” means a vaccine or combination of vaccines administered for immunization against any disease specified in this Act or the regulations; (“agent immunisant”) “reportable event” means, (a) persistent crying or screaming, anaphylaxis or anaphylactic shock occurring within forty-eight hours after the administration of an immunizing agent, (b) shock-like collapse, high fever or convulsions occurring within three days after the administration of an immunizing agent, (c) arthritis occurring within forty-two days after the administration of an immunizing agent, (d) generalized urticaria, residual seizure disorder, encephalopathy, encephalitis or any other significant occurrence occurring within fifteen days after the administration of an immunizing agent, or (e) death occurring at any time and following upon a symptom described in clause (a), (b), (c) or (d). (“événement à déclaration obligatoire”)  R.S.O. 1990, c. H.7, s. 38 (1); 2007, c. 10, Sched. F, s. 11 (1); 2017, c. 25, Sched. 3, s. 8 (1). Duty to inform (2) If consent to the administration of an immunizing agent has been given in accordance with the Health Care Consent Act, 1996, the physician or other person authorized to administer the immunizing agent shall cause the consenting person to be informed of the importance of immediately reporting to a physician or a registered nurse in the extended class any reaction that might be a reportable event.  2007, c. 10, Sched. F, s. 11 (2). Duty to report reactions (3) A physician, a member of the College of Nurses of Ontario, a member of the Ontario College of Pharmacists or a prescribed member of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991 who, while providing professional services to a person, recognizes the presence of a reportable event and forms the opinion that it may be related to the administration of an immunizing agent shall, within seven days after recognizing the reportable event, report thereon to the medical officer of health of the health unit where the professional services are provided.  R.S.O. 1990, c. H.7, s. 38 (3); 1998, c. 18, Sched. G, s. 55 (4); 2017, c. 25, Sched. 3, s. 8 (2). Idem (4) A medical officer of health who receives a report under subsection (3) concerning a person who resides in another health unit shall transmit the report to the medical officer of health serving the health unit in which the person resides.  R.S.O. 1990, c. H.7, s. 38 (4). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 67 (4) - 29/03/1996; 1998, c. 18, Sched. G, s. 55 (4) - 01/02/1999 2007, c. 10, Sched. F, s. 11 (1, 2) - 07/08/2007 2017, c. 25, Sched. 3, s. 8 (1, 2) - 01/05/2018
39 (1) No person shall disclose to any other person the name of or any other information that will or is likely to identify a person in respect of whom an application, order, certificate or report is made in respect of a communicable disease, a disease of public health significance, a virulent disease or a reportable event following the administration of an immunizing agent.  R.S.O. 1990, c. H.7, s. 39 (1); 2017, c. 25, Sched. 3, s. 1 (3). Exceptions (2) Subsection (1) does not apply, (0.a) where the disclosure is authorized under this Act or the Personal Health Information Protection Act, 2004; (a) in respect of an application by a medical officer of health to the Ontario Court of Justice that is heard in public at the request of the person who is the subject of the application; (b) where the disclosure is made with the consent of the person in respect of whom the application, order, certificate or report is made; (c) where the disclosure is made for the purposes of public health administration; (d) in connection with the administration of or a proceeding under this Act, the Regulated Health Professions Act, 1991, a health profession Act as defined in subsection 1 (1) of that Act, the Public Hospitals Act, the Health Insurance Act, the Canada Health Act or the Criminal Code (Canada), or regulations made thereunder; or (e) to prevent the reporting of information under section 125 of the Child, Youth and Family Services Act, 2017
in respect of a child who is or may be in need of protection.  R.S.O. 1990, c. H.7, s. 39 (2); 1998, c. 18, Sched. G, s. 55 (5); 1999, c. 2, s. 36; 2002, c. 18, Sched. I, s. 9 (5); 2007, c. 10, Sched. F, s. 12; 2017, c. 14, Sched. 4, s. 17 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (5) - 01/02/1999; 1999, c. 2, s. 36 - 31/03/2000 2002, c. 18, Sched. I, s. 9 (5) - 26/11/2002 2007, c. 10, Sched. F, s. 12 - 07/08/2007 2017, c. 14, Sched. 4, s. 17 (2) - 30/04/2018; 2017, c. 25, Sched. 3, s. 1 (3) - 01/05/2018
40 (1) No person other than a physician or a registered nurse in the extended class shall attend upon, prescribe for or supply or offer to supply a drug, medicine, appliance or treatment to or for another person for the purpose of alleviating or curing a sexually transmitted disease.  R.S.O. 1990, c. H.7, s. 40 (1); 2007, c. 10, Sched. F, s. 13. Exception re pharmacist (2) Subsection (1) does not apply to a member of the Ontario College of Pharmacists who dispenses to a person upon a written prescription signed by a physician or who sells to a person a drug, medicine or appliance.  R.S.O. 1990, c. H.7, s. 40 (2); 1998, c. 18, Sched. G, s. 55 (6). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 55 (6) - 01/02/1999 2007, c. 10, Sched. F, s. 13 - 07/08/2007 PART V   RIGHTS OF ENTRY AND APPEALS FROM ORDERS Rights of entry and powers of inspection
42 (1) No person shall hinder or obstruct an inspector appointed by the Minister, a medical officer of health, a public health inspector or a person acting under a direction of a medical officer of health lawfully carrying out a power, duty or direction under this Act.  R.S.O. 1990, c. H.7, s. 42 (1). Private residence (2) A refusal of consent to enter a room actually used as a dwelling is not and shall not be deemed to be hindering or obstructing within the meaning of subsection (1).  R.S.O. 1990, c. H.7, s. 42 (2); 2007, c. 10, Sched. D, s. 1 (7). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. D, s. 1 (7) - 01/12/2008
43 (1) Where a justice of the peace is satisfied on evidence upon oath, (a) that there is reasonable and probable ground for believing that it is necessary, (i) to enter and have access to, through and over any premises, (ii) to make examinations, investigations, tests and inquiries, and (iii) to make, take and remove samples, copies or extracts related to an examination, investigation, test or inquiry, or to do any of such things, for the purpose of this Act, the enforcement of any section of this Act or the regulations, the exercise of a power or the carrying out of a duty under this Act or the regulations or the carrying out of a direction given under this Act; and (b) that an inspector appointed by the Minister, a medical officer of health, a public health inspector or a person acting under a direction given by a medical officer of health, (i) has been denied entry to the premises, (ii) has been instructed to leave the premises, (iii) has been obstructed, or (iv) has been refused production of any thing or any plant or animal related to an examination, investigation, test or inquiry, by the occupier of the premises, the justice of the peace may issue a warrant in the form prescribed by the regulations authorizing an inspector appointed by the Minister, a medical officer of health, a public health inspector and any person who is acting under a direction given by a medical officer of health, or any of them, to act as mentioned in clause (a) in respect of the premises specified in the warrant, by force if necessary, together with such police officer or officers as they call upon to assist them.  R.S.O. 1990, c. H.7, s. 43 (1). Execution of warrant (2) A warrant issued under this section shall be executed at reasonable times as specified in the warrant.  R.S.O. 1990, c. H.7, s. 43 (2). Expiry of warrant (3) A warrant issued under this section shall state the date on which it expires, which shall be a date not later than fifteen days after the warrant is issued.  R.S.O. 1990, c. H.7, s. 43 (3). Application without notice (4) A justice of the peace may receive and consider an application for a warrant under this section without notice to and in the absence of the owner or the occupier of the premises.  R.S.O. 1990, c. H.7, s. 43 (4).
44 (1) An order by a medical officer of health or a public health inspector under this Act shall inform the person to whom it is directed that the person is entitled to a hearing by the Board if the person mails or delivers to the medical officer of health or public health inspector, as the case requires, and to the Board, within fifteen days after a copy of the order is served on the person, notice in writing requiring a hearing and the person may also require such a hearing.  R.S.O. 1990, c. H.7, s. 44 (1). Oral order (2) An oral order or an order directed to a person described but not named in the order need not contain the information specified in subsection (1) but a person to whom the order is directed may require a hearing by the Board by giving the notices specified in subsection (1) within fifteen days after the day the person first knows or ought to know the contents of the order.  R.S.O. 1990, c. H.7, s. 44 (2). Effect of order (3) Although a hearing is required in accordance with this Part, an order under this Act takes effect, (a) when it is served on the person to whom it is directed; or (b) in the case of an oral order or an order directed to a person described but not named in the order, when the person to whom it is directed first knows or ought to know the contents of the order, but the Board, upon application with notice, may grant a stay until the proceedings before the Board are disposed of.  R.S.O. 1990, c. H.7, s. 44 (3). Powers of Board (4) Where the person to whom an order is directed requires a hearing by the Board in accordance with subsection (1) or (2), the Board shall appoint a time and place for and hold the hearing and the Board may by order confirm, alter or rescind the order and for such purposes the Board may substitute its findings for that of the medical officer of health or public health inspector who made the order.  R.S.O. 1990, c. H.7, s. 44 (4); 1997, c. 30, Sched. D, s. 6. Time for hearing (5) The Board shall hold a hearing under this section within fifteen days after receipt by the Board of the notice in writing requiring the hearing and the Board may, from time to time, at the request or with the consent of the person requiring the hearing, extend the time for holding the hearing for such period or periods of time as the Board considers just.  R.S.O. 1990, c. H.7, s. 44 (5). Extension of time for hearing (6) The Board may extend the time for the giving of notice requiring a hearing under this section by the person to whom the order of the medical officer of health or public health inspector is directed either before or after the expiration of such time where it is satisfied that there are apparent grounds for granting relief to the person following upon a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension.  R.S.O. 1990, c. H.7, s. 44 (6). Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 6 - 01/01/1998