Health Protection and Promotion Act, R.S.O. 1990, c. H.7

• Jurisdiction: Ontario

Health Protection and Promotion Act

R.S.O. 1990, Chapter H.7

Consolidation Period: From December 4, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 19, s. 20.

CONTENTS

PART I
INTERPRETATION

Interpretation

1 (1) In this Act,

“Board” means the Health Services Appeal and Review Board under the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998; (“Commission”)

“board of health” means a board of health established or continued under this Act and includes,

(a) the regional municipalities of Durham, Halton, Niagara, Peel, Waterloo and York,

(b) a single-tier municipality that, under the Act establishing or continuing it, has the powers, rights and duties of a local board of health or a board of health established under this Act, and

(c) an agency, board or organization prescribed by regulation; (“conseil de santé”)

“Chief Medical Officer of Health” means the Chief Medical Officer of Health under this Act; (“médecin-hygiéniste en chef”)

“communicable disease” means a disease designated as a communicable disease by regulation made by the Minister; (“maladie transmissible”)

“disease of public health significance” means a disease designated as a disease of public health significance by regulation made by the Minister; (“maladie importante sur le plan de la santé publique”)

“dwelling unit” means real property used or designed for use as a home or as a place in which one or more persons may sleep; (“logement”)

“food” means food or drink for human consumption, and includes an ingredient of food or drink for human consumption; (“aliment”)

“food premise” means a premises where food or milk is manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale, but does not include a room actually used as a dwelling in a private residence; (“dépôt d’aliments”)

“health hazard” means,

(a) a condition of a premises,

(b) a substance, thing, plant or animal other than man, or

(c) a solid, liquid, gas or combination of any of them,

that has or that is likely to have an adverse effect on the health of any person; (“risque pour la santé”)

“health unit” means an area that, by or under any Act, is the area of jurisdiction of a board of health; (“circonscription sanitaire”)

“mandatory”, in relation to a health program or service, means a health program or service mentioned in section 5; (“obligatoire”)

“medical officer of health” means a medical officer of health of a board of health; (“médecin-hygiéniste”)

“milk” means milk from cows, goats or sheep; (“lait”)

“Minister” means Minister of Health and Long-Term Care; (“ministre”)

“Ministry” means Ministry of Health and Long-Term Care; (“ministère”)

“municipal member”, in relation to a board of health, means a person appointed to the board of health by the council of a municipality; (“membre municipal”)

“obligated municipality” means, in relation to a health unit, any upper-tier municipality or single-tier municipality that is situated, in whole or in part, in the area that comprises the health unit; (“municipalité assujettie”)

“occupier” includes,

(a) a person who is in physical possession of premises,

(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, or

(c) a person for the time being receiving the rent of premises, whether as principal or as agent or trustee for another person, or who would so receive the rent if the premises were let, or who is responsible for the payment of municipal taxes,

although there is more than one occupier of the same premises; (“occupant”)

“operator”, in relation to a food premise and small drinking water system, means a person who has responsibility for and control over an activity carried on at the food premise or the small drinking water system, although there is more than one operator of the same food premise or small drinking water system; (“exploitant”)

“person” includes a board of health, a municipality and any other corporation; (“personne”)

“personal service setting” means a premises at which personal services are offered where there is a risk of exposure to blood or body fluids and includes premises at which hairdressing and barbering, tattooing, body piercing, nail services, electrolysis and other aesthetic services are offered; (“établissement de services personnels”)

“physician” means a legally qualified medical practitioner; (“médecin”)

“premises” means lands and structures, or either of them, and includes,

(a) water,

(b) ships and vessels,

(c) trailers and portable structures designed or used for residence, business or shelter,

(d) trains, railway cars, vehicles and aircraft; (“lieu”)

“public health inspector” means a public health inspector of a board of health; (“inspecteur de la santé”)

“public health nurse” means a public health nurse of a board of health; (“infirmière-hygiéniste”)

“public health standard” means a standard published by the Minister under section 7; (“norme de santé publique”)

“public pool” means a structure, basin, chamber or tank containing or intended to contain an artificial body of water for swimming, water sport, water recreation or entertainment, but does not include,

(a) one that is located on a private residential property under the control of the owner or occupant and that is limited to use for swimming or bathing by the owner or occupant, members of their family and their visitors, or

(b) one that is used solely for commercial display and demonstration purposes; (“piscine publique”)

“registered nurse in the extended class” means a member of the College of Nurses of Ontario who is a registered nurse holding an extended certificate of registration under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)

“regulations” means regulations made under this Act; (“règlements”)

“reportable disease” means a disease specified as a reportable disease by regulation made by the Minister; (“maladie à déclaration obligatoire”)

“residential building” means a structure that contains one or more dwelling units; (“immeuble d’habitation”)

“sanitary facilities” means a room or rooms containing one or more toilets and one or more washbasins; (“installations sanitaires”)

“school” means a private school and a school as defined in the Education Act; (“école”)

“school board” means a board as defined in the Education Act; (“conseil scolaire”)

“sexually transmitted disease” means a disease caused by an infectious agent usually transmitted during sexual contact; (“maladie sexuellement transmissible”)

“small drinking water system” means a small drinking water system as specified by regulation; (“petit réseau d’eau potable”)

“virulent disease” means a disease designated as a virulent disease by regulation made by the Minister. (“maladie virulente”) R.S.O. 1990, c. H.7, s. 1 (1); 1997, c. 30, Sched. D, s. 1; 1998, c. 18, Sched. G, s. 55 (1); 2000, c. 5, s. 14 (1); 2001, c. 25, s. 477 (1-3); 2006, c. 19, Sched. L, s. 11 (2, 3); 2007, c. 10, Sched. D, s. 1 (1, 2); 2007, c. 10, Sched. F, s. 1; 2009, c. 33, Sched. 18, ss. 12 (1), 17 (2); 2017, c. 25, Sched. 3, s. 1 (4), 2.

Closing of premises

(2) An order under this Act that requires the closing of premises is an order,

(a) to shut the premises so as to prevent entrance or access to the premises by any person; and

(b) to suspend the operation of any enterprise or activity on or in the premises,

except by such persons or for such purposes as are specified in the order. R.S.O. 1990, c. H.7, s. 1 (2).

Section Amendments with date in force (d/m/y)

1997, c. 30, Sched. D, s. 1 (3) - 01/01/1998; 1998, c. 18, Sched. G, s. 55 (1) - 01/02/1999

2001, c. 25, s. 477 (1-3) - 01/01/2003

2006, c. 19, Sched. L, s. 11 (2, 3) - 22/06/2006

2007, c. 10, Sched. D, s. 1 (1, 2) - 01/12/2008; 2007, c. 10, Sched. F, s. 1 - 07/08/2007

2009, c. 33, Sched. 18, s. 12 (1) - 15/12/2009; 2009, c. 33, Sched. 18, s. 17 (2) - 15/12/2009

2017, c. 25, Sched. 3, s. 1 (4), 2 (1-5) - 01/05/2018

Purpose

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.

Act binds Crown

3 This Act binds the Crown. R.S.O. 1990, c. H.7, s. 3.

PART II
HEALTH PROGRAMS AND SERVICES

Duty of board of health

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.

Mandatory health programs and services

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

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