Public Health Personnel Regulation

Public Health Personnel Regulation, M.R. 28/2009 The Public Health Act , C.C.S.M. c. P210 Regulation 28/2009 Registered February 17, 2009 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Chief provincial public health officer 3-4 Medical officers of health 5-6 Public health nurses 7-8 Public health inspectors 9-13 Health officers 14 Repeal 15 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Public Health Act . («  Loi  ») "regional health authority" means a regional health authority established or continued under The Regional Health Authorities Act . (« office régional de la santé ») CHIEF PROVINCIAL PUBLIC HEALTH OFFICER Qualifications of the chief provincial public health officer 2 A person appointed by the minister as the chief provincial public health officer must (a) hold (i) a fellowship in community medicine from the Royal College of Physicians and Surgeons of Canada, or (ii) a certificate, diploma or degree in public health from a university in Canada that was granted after not less than one academic year of full time post-graduate studies; or (b) have had training and practical experience that, in the opinion of the minister, are equivalent to a qualification specified in clause (a). MEDICAL OFFICERS OF HEALTH Appointment or designation of medical officers of health 3 The minister may appoint or designate one or more persons as medical officers of health. Qualifications of medical officers of health 4 A person appointed by the minister as a medical officer of health must be a physician who (a) holds (i) a fellowship in community medicine from the Royal College of Physicians and Surgeons of Canada, or (ii) a certificate, diploma or degree in public health from a university in Canada that was granted after not less than one academic year of full time post-graduate studies; or (b) has had training and practical experience that, in the opinion of the minister, are equivalent to a qualification specified in clause (a). PUBLIC HEALTH NURSES Appointment or designation of public health nurses — by a regional health authority 5(1) A regional health authority may appoint or designate one or more persons as public health nurses for the purpose of carrying out the duties and exercising the powers of a public health nurse within the health region. Appointment or designation of public health nurses — by the minister 5(2) The minister may appoint or designate one or more persons as public health nurses for the purpose of carrying out the duties and exercising the powers of a public health nurse. The terms of an appointment or designation under this subsection need not tie or limit the public health nurse's functions to a health region. Qualifications of public health nurses 6 A person appointed by a regional health authority as a public health nurse must (a) be registered on (i) the register of practising registered nurses, or (ii) the register of registered nurses (extended practice), under The Registered Nurses Act ; and (b) have (i) a baccalaureate degree in nursing, or (ii) had training and practical experience that, in the opinion of the minister as communicated to the regional health authority, are equivalent to the qualification specified in subclause (i). PUBLIC HEALTH INSPECTORS Appointment or designation of public health inspectors — by the minister 7(1) The minister may appoint or designate one or more persons as public health inspectors. Appointment or designation of public health inspectors — by the City of Winnipeg 7(2) The City of Winnipeg may appoint or designate one or more persons as public health inspectors for the purpose of carrying out the duties and exercising the powers of a public health inspector within the City of Winnipeg. Minister may appoint or designate Winnipeg inspectors 7(3) For greater certainty, nothing in subsection (2) limits the minister's authority under subsection (1) to appoint or designate public health inspectors to function within the City of Winnipeg. Qualifications of public health inspectors 8 A person appointed or designated as a public health inspector must hold (a) a certificate granted by the Board of Certification of Public Health Inspectors of the Canadian Institute of Public Health Inspectors; or (b) a certificate of qualification that, in the opinion of the minister, is equivalent to the certificate referred to in clause (a). HEALTH OFFICERS Appointment or designation of health officers 9 The minister may appoint or designate one or more persons as health officers to assist in the administration and enforcement of one or more classes of matters under the Act. Powers of a health officer (food) 10 Subject to section 11, a health officer appointed or designated for the purpose of, in whole or in part, assisting in the administration and enforcement of the Act in relation to food, food handling establishments and the transportation of food (including administration and enforcement of the Food and Food Handling Establishments Regulation ), has all the powers of a public health inspector in relation to the carrying out of that purpose. Powers in relation to food, etc. not given to a health officer (food) 11 A health officer (food) described in section 10 does not have the powers of a public health inspector in relation to the following provisions of the Food and Food Handling Establishments Regulation : (a) sections 3 and 4 (permits), except in relation to a food handling establishment that is a food processing plant or a meat processing plant; (b) subsections 32(5) and 33(2), insofar as they relate to food service establishments; (c) subsections 36(2) and (3). Powers conditionally given to health officers under the Act 12 Without limiting section 10, a health officer (food) described in that section, in administering or enforcing the Act in relation to food, food handling establishments or the transportation of food, (a) may make a health hazard order under subsection 24(2) of the Act; (b) may seize any organism, substance or thing, or a representative sample of any of them, under subsection 30(1) of the Act; (c) has the powers of a medical officer under subsections 83(1) to (3) of the Act, in accordance with clause 83(7)⁠(a) of the Act; (d) has the powers of a medical officer under subsection 83(6) of the Act, if either of the conditions specified in subclauses 83(7)⁠(b)⁠(i) and (ii) are met, in accordance with clause 83(7)⁠(b) of the Act; and (e) has the powers of a medical officer under subsections 86(1) and (2), in accordance with subsection 86(3) of the Act. Subsection 32(1) of the Act limited to health officers (food) 13 No health officer, other than a health officer (food) described in section 10, has the authority to seize and destroy or dispose of food under subsection 32(1) of the Act. Repeal 14 The Public Health Interpretation and Personnel Regulation , Manitoba Regulation 340/88 R, is repealed. Coming into force 15 This regulation comes into force on the same day that The Public Health Act , S.M. 2006, c. 14, comes into force.