42_2004 — Public Health Bylaws Regulation

s. 1 — Definitions

In this regulation:

s. 1 — Act

Act means the Community Charter;

s. 1 — medical health officer

medical health officer means a medical health officer designated under the Public Health Act;

s. 1 — minister

minister means the minister designated under the Responsible Minister Regulation, B.C. Reg. 330/2003, as the minister responsible in relation to bylaws under section 8 (3) (i) of the Act;

s. 1 — Nisg̱a'a Nation

Nisg̱a'a Nation has the same meaning as in the Nisg̱a'a Final Agreement as defined in section 1 of the Nisg̱a'a Final Agreement Act;

s. 1 — PHSA

PHSA means the Provincial Health Services Authority, a society as defined in section 1 of the Societies Act;

s. 1 — regional health board

regional health board means a board as defined in section 1 of the Health Authorities Act.

s. 2 — Restrictions and conditions on public health bylaws

s. 2(1)

For the purposes of section 9 (4) (a) of the Act, bylaws made by a council under section 8 (3) (i) [public health] of the Act in relation to the following matters are subject to the restrictions and conditions set out in subsection (2):

s. 2(1)(a)

the protection, promotion or preservation of the health of individuals;

s. 2(1)(b)

the maintenance of sanitary conditions in the municipality;

s. 2(1)(c)

the restriction, or potential restriction, of any individual's access to health services;

s. 2(1)(d)

any matter that may affect the personnel, financial or other resources of a regional health board, the Nisg̱a'a Nation or the PHSA.

s. 2(2)

Subject to subsection (3), for the purposes of section 9 (4) (b) of the Act, the following restrictions and conditions apply:

s. 2(2)(a)

a council may not adopt a bylaw in relation to a matter referred to only in subsection 1 (a) or (b) unless the bylaw or a copy of it is deposited with the minister;

s. 2(2)(b)

a council may not adopt a bylaw in relation to a matter referred to only in subsection 1 (c) or (d) unless the bylaw is approved by the minister;

s. 2(2)(c)

before adopting a bylaw in relation to matters referred to in subsection 1 (a), (b), (c) or (d), a council must consult with responsible for public health matters within the municipality.

s. 2(2)(c)(i)

the regional health board, or

s. 2(2)(c)(ii)

the medical health officer

s. 2(3)

A bylaw in relation to a matter referred to in both is subject to subsection 2 (b).

s. 2(3)(a)

subsection (1) (a) or (b), and

s. 2(3)(b)

subsection (1) (c) or (d)