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B.C. Reg. 50/2009
O.C. 127/2009
Deposited March 2, 2009
effective September 30, 2009

Public Health Act

Public Health Impediments Regulation

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 207/2010, June 28, 2010]

Link to Point in Time

Contents
Part 1 — Definitions and Prescribed Health Impediments
1Definitions
2Prescribed health impediment
Part 2 — Trans Fat
3Trans fat limits in food service establishments
4Offence
Part 3 — Child Health Screening (Vision, Dental, Hearing)
5Definitions
6Collection and use of demographic information
7Licensee to provide demographic information
8Authority to conduct health screening program
9Results of health screening program
10Other uses of information

Part 1 — Definitions and Prescribed Health Impediments

Definitions

1  In this regulation:

"Act" means the Public Health Act;

"trans fat" has the same meaning as in the Food and Drug Regulations, C.R.C., c. 870, s. B.01.001, made under the Food and Drugs Act (Canada).

Prescribed health impediment

2  For the purposes of section 22 of the Act, the following are prescribed as health impediments:

(a) trans fat in foods intended for human consumption;

(b) vision loss or impairment;

(c) decay or impairment of the teeth or gums;

(d) hearing loss or impairment.

[en. B.C. Reg. 207/2010, s. 2.]

Part 2 — Trans Fat

Trans fat limits in food service establishments

3  (1) In this section:

"food" means food

(a) located on the premises of, or prepared, served or offered for sale in, a food service establishment, other than food that is

(i) required under the Food and Drugs Act (Canada) to be labeled with a nutrition facts table, or

(ii) not intended for public consumption, or

(b) used on the premises of a food service establishment as an ingredient in the preparation of a food or beverage served or offered for sale in the food service establishment;

"food service establishment" means a food service establishment regulated under the Food Premises Regulation, B.C. Reg. 210/99, other than a community care facility to which section 20 of the Community Care and Assisted Living Act applies;

"nutrition facts table" has the same meaning as in the Food and Drug Regulations, C.R.C., c. 870, s. B.01.001, made under the Food and Drugs Act (Canada);

"operator" has the same meaning as in the Food Premises Regulation, B.C. Reg. 210/99.

(2) Food is deemed to contain trans fat if

(a) under the heading "Fat" on the nutrition facts table with which the food is labeled, it is indicated that the food contains more than 0 grams of trans fat, or

(b) an ingredient of the food is partially hydrogenated

(i) vegetable shortening,

(ii) margarine, or

(iii) vegetable oil.

(3) Subject to subsection (4), an operator of a food service establishment must ensure that the trans fat content of food is,

(a) in the case of a partially hydrogenated vegetable oil or soft, spreadable partially hydrogenated margarine, 2% or less of the total fat content of the oil or margarine, and

(b) in any other case, 5% or less of the total fat content of the food.

(4) The limit set out in subsection (3) (b) does not apply in respect of a food in which the trans fat comes from dairy products or ruminant meat only.

(5) An operator of a food service establishment must have on the premises of the food establishment, and provide to a health officer on request,

(a) the original labels of all food required by law to be labeled, including

(i) the nutrition facts table, or

(ii) if there is no nutrition facts table, a list of food ingredients, or

(b) if food is not required by law to be labeled, food product documentation from the manufacturer indicating whether the food contains trans fat or any partially hydrogenated vegetable shortening, margarine or vegetable oils.

Offence

4  A person commits an offence if the person

(a) exceeds the trans fat content limits set out in section 3 (3), or

(b) fails to provide documents or information in accordance with section 3 (5).

[en. B.C. Reg. 207/2010, s. 4.]

Part 3 — Child Health Screening (Vision, Dental, Hearing)

Definitions

5  In this Part:

"child" means a child who is less than 15 years old;

"Child Care Licensing Regulation" means the Child Care Licensing Regulation, B.C. Reg. 332/2007;

"facility" means a community care facility licensed under the Community Care and Assisted Living Act to provide a care program described in the Child Care Licensing Regulation;

"health screen" means an examination or test that

(a) is conducted for the purpose of identifying vision loss or impairment, decay or impairment of the teeth or gums or hearing loss or impairment,

(b) is non-invasive, and

(c) is not intended to diagnose illness, disease or disability;

"licensee" means a licensee of a facility, other than a licensee providing a type of care described in the Child Care Licensing Regulation as Family Child Care, In-Home Multi-Age Child Care, or Occasional Child Care;

"parent" has the same meaning as in the Child Care Licensing Regulation;

"school" means a school within the meaning of

(a) the School Act, or

(b) the Independent School Act;

"screen" means to conduct a health screen.

[en. B.C. Reg. 207/2010, s. 5.]

Collection and use of demographic information

6  For a purpose described in section 9 (a), (b), (d), (e) or (f) of the Act, a health authority conducting a health screening program may collect and use information, including personal information, received under any of the following:

(a) section 7 of this regulation;

(b) section 79 (2) of the School Act;

(c) section 9 (3) of the Independent School Regulation, B.C. Reg. 262/89.

[en. B.C. Reg. 207/2010, s. 5.]

Licensee to provide demographic information

7  (1) The health impediments described in section 2 (b) to (d) of this regulation are prescribed for the purposes of section 12 of the Act.

(2) On request of a health authority, a licensee must promptly report to the health authority the following information in respect of each child who attends the licensee's facility but who does not attend school:

(a) the child's name, date of birth and gender;

(b) the name and contact information of the child's parent.

[en. B.C. Reg. 207/2010, s. 5.]

Authority to conduct health screening program

8  (1) For the purposes of preventing illness and promoting health within the population, a health authority may conduct a health screening program for children.

(2) Subject to subsection (3), a health authority may screen a child only if the child's parent is first notified, in writing, of all of the following:

(a) when screening will take place, what screening services will be performed and how screening will be conducted;

(b) that the results of a child's screening will be recorded and kept by the health authority and are subject to the requirements of the Freedom of Information and Protection of Privacy Act;

(c) the uses that may be made of the results of the child's screening;

(d) that the parent may refuse consent to screening of his or her child by notifying the health authority of the refusal

(i) in writing or verbally, and

(ii) before the date stated in the notice as to when screening will take place;

(e) that a refusal as described in paragraph (d) does not affect the provision of any service that would otherwise be available to the child;

(f) of how the parent may contact the health authority for further information respecting the health screening program.

(3) A health authority must not screen a child if the child's parent gives notice of a refusal in accordance with subsection (2) (d).

[en. B.C. Reg. 207/2010, s. 5.]

Results of health screening program

9  (1) A health authority must disclose to the child's parent the results of a child's health screen under section 8.

(2) Subject to subsection (5), a health authority may use the results of a child's health screen for a purpose described in section 9 (a), (b), (d), (e) or (f) of the Act.

(3) If, under subsection (2), a health authority recommends to a parent that a child attend a health professional for follow-up in respect of the child's health screen, the health authority may, subject to subsection (5) and for the purpose of caring for and monitoring the health care needs of the child, disclose the results of the child's health screen and any follow-up to

(a) the licensee of a facility attended by the child, or

(b) the principal of a school attended by the child.

(4) A parent may refuse consent to the use or disclosure by a health authority of the results of his or her child's health screen or follow-up, if any, by notifying the health authority of the refusal

(a) in writing or verbally, and

(b) before the date stated in the notice as to when screening will take place.

(5) A health authority must not use or disclose the results of a child's health screen or follow-up, if any, if the child's parent gives notice of a refusal in accordance with subsection (4).

[en. B.C. Reg. 207/2010, s. 5.]

Other uses of information

10  For greater certainty, nothing in this regulation prevents the collection, use or disclosure of the following as authorized under another enactment:

(a) demographic information collected under section 6 of this regulation, section 79 (2) of the School Act or section 9 (3) of Independent School Regulation, B.C. Reg. 262/89;

(b) the results of a child's health screen.

[en. B.C. Reg. 207/2010, s. 5.]

[Provisions relevant to the enactment of this regulation: the Public Health Act, S.B.C. 2008, c. 28, sections 111, 113, 114, 116, 121, 125 and 126]