B.C. Reg. 42/2004
M29/2004
Deposited February 12, 2004

Community Charter

Public Health Bylaws Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

Definitions

1  In this regulation:

"Act" means the Community Charter;

"medical health officer" has the same meaning as in the Health Act;

"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;

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

"PHSA" means the Provincial Health Services Authority, a society incorporated under the Society Act;

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

Restrictions and conditions on public health bylaws

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):

(a) the protection, promotion or preservation of the health of individuals;

(b) the maintenance of sanitary conditions in the municipality;

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

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

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

(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;

(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;

(c) before adopting a bylaw in relation to matters referred to in subsection 1 (a), (b), (c) or (d), a council must consult with

(i)   the regional health board, or

(ii)   the medical health officer

responsible for public health matters within the municipality.

(3) A bylaw in relation to a matter referred to in both

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

(b) subsection (1) (c) or (d)

is subject to subsection 2 (b).

[Provisions of the Community Charter, S.B.C. 2003, c. 26, relevant to the enactment of this regulation: section 9]