Canada — Quebec Act or statute

Canada — Quebec legislation

Public Health Act, 2001

1. The object of this Act is the protection of the health of the population and the establishment of conditions favourable to the maintenance and enhancement of the health and well-being of the general population.…

Source excerpt

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Jurisdiction: Canada — Quebec
Structure: 190 provisions
Official identity: Year 2001
Dates: Enacted 2001 · Source version 10 Jun 2026

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Dates: Enacted 2001 · Source version 10 Jun 2026

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Purpose and legislative effect

“1. The object of this Act is the protection of the health of the population and the establishment of conditions favourable to the maintenance and enhancement of the health and well-being of the general population. 2001, c. 60, s. 1.”

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Section 1

Section 47

The Minister may establish and maintain systems to collect data and personal and non-personal information for ongoing surveillance of the population’s health status.

Section 47

Section 90

Health professionals must notify the region’s public health director as soon as possible if they see someone not complying with prescribed prophylactic measures.

Section 90

Section 131

The named health boards and Santé Québec must keep certain public-health information confidential and ensure that people with access swear not to disclose it without authorization.

Section 131

Schedule

This schedule repeals chapter 60 of the statutes of 2001, except sections 165 and 177, and also repeals specified sections of that chapter for the 1 April 2003 version.

Schedule

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Source record from www.legisquebec.gouv.qc.ca · Enacted 2001 · Source version 10 Jun 2026

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Showing 190 of 190 provisions

Provision 142Amendment 22Repeal 20Offence 5

§ 1Section 1Provision

Source excerpt

Section 1Verify source

§ 2Section 2Provision

Source excerpt

This section says the Act is meant to let public health authorities monitor public health and act when the population’s health is threatened.

2. Certain measures in this Act are intended to enable public health authorities to engage in public health monitoring activities and to give public health authorities the power to take action in cases where the health of the population is threatened. In this Act, a threat to the health of the population means the presence within the population of a biological, chemical or physical agent that may cause an epidemic if it is not controlled. For the purposes of this Act, the public health authorities include the Minister of Health and Social Services, the national public health director appointed under the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2) and the public health directors appointed under the Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5). 2001, c. 60, s. 2; 2002, c. 38, s. 13; 2023, c. 34, s. 1264.

Section 2Verify source

§ 3Section 3Provision

Source excerpt

This section says the Act’s other measures concern disease, trauma, and social problems affecting population health, and the means of positively influencing major health determinants.

3. Other measures in this Act pertain to the prevention of disease, trauma and social problems having an impact on the health of the population and the means of exerting a positive influence on major health determinants, in particular through trans-sectoral coordination. These measures are intended to maintain and enhance physical, mental and psychosocial health, well-being and the capacities of persons to remain active within their environment. 2001, c. 60, s. 3; 2023, c. 34, s. 1265.

Section 3Verify source

§ 4Section 4Provision

Source excerpt

This section says the Act provides for ongoing surveillance of the population’s health status and health determinants.

4. Other measures in this Act provide for the ongoing surveillance of the health status of the general population and of health determinants so as to measure their evolution and be able to offer appropriate services to the population. The provisions of this Act concerning ongoing surveillance of the health status of the population do not apply to research and knowledge development activities carried out in the sector of health or social services, in particular, by the Institut national de santé publique du Québec. 2001, c. 60, s. 4.

Section 4Verify source

§ 5Section 5Provision

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Public health actions must aim to protect, maintain, or enhance the health and well-being of the general population, and not focus on individuals except when that serves the community or a group of individuals.

5. Public health actions must be directed at protecting, maintaining or enhancing the health status and well-being of the general population and shall not focus on individuals except insofar as such actions are taken for the benefit of the community as a whole or a group of individuals. 2001, c. 60, s. 5.

Section 5Verify source

§ 6Section 6Provision

Source excerpt

This Act applies to the Government, government departments, and bodies that are mandataries of the State.

6. This Act is binding on the Government, on government departments and on bodies that are mandataries of the State. 2001, c. 60, s. 6.

Section 6Verify source

§ 7Section 7Provision

Source excerpt

The Minister must develop and maintain a national public health program, set public health quality norms and standards, assess the program’s outcomes, and ensure national and interregional coordination.

7. The Minister shall develop a national public health program that provides a framework for national and regional public health activities and establish public health quality norms and standards. The Minister shall assess the outcomes of the program and update it regularly. The Minister shall ensure national and interregional coordination of the program. 2001, c. 60, s. 7; 2005, c. 32, s. 291; 2023, c. 34, s. 1267.

Section 7Verify source

§ 8Section 8Provision

Source excerpt

The national public health program must include orientations, objectives, and priorities on surveillance, prevention, health promotion, and protection. The Minister may add other public health topics and must, when developing the program, focus as far as possible on the most effective actions, especially those affecting health inequalities, welfare, and risk factors in vulnerable groups.

8. The national public health program must contain orientations, objectives and priorities relating to (1) ongoing surveillance of the health status of the population and of health determinants; (2) the prevention of diseases, trauma and social problems that have an impact on the health of the population; (3) the promotion of systemic measures capable of fostering the enhancement of the health and well-being of the population; (4) the protection of the health of the population and the relevant health monitoring activities. The Minister may add orientations, objectives and priorities that relate to any other aspect of public health which the Minister considers necessary or relevant to include in the program. The Minister shall, in developing all the components of the program, focus, insofar as possible, on the most effective actions as regards health determinants, more particularly actions capable of having an influence on social inequalities in health and on welfare in the population and actions capable of decreasing the risk factors affecting, in particular, the most vulnerable groups of the population. 2001, c. 60, s. 8; 2023, c. 34, s. 1268.

Section 8Verify source

§ 9Section 9Provision

Source excerpt

The national public health program may include actions or services, set how they are carried out, identify outcomes within a specific time, set ethical guidelines, and provide for workforce development.

9. The national public health program may also (1) include a list of specific actions to be taken or services to be provided to the population and specify the manner in which such actions or services are to be carried out or provided; (2) identify the outcomes to be achieved within a specific time; (3) establish an ethical framework or ethical guidelines that must be complied with in the implementation of the national public health program or regional action plans; (4) provide for the development of the public health workforce. 2001, c. 60, s. 9; 2023, c. 34, s. 1269.

Section 9Verify source

§ 10Section 10Provision

Source excerpt

The program sets reporting parameters for national and regional population health reports, and those reports must be prepared, submitted, published, and disseminated by the specified officials.

10. The national public health program shall define the parameters of the periodic national and regional reports on the population health status that must be produced and made public in concerted fashion by the Minister and public health directors. The parameters must enable, as far as possible, a comparison of the health outcomes obtained throughout Québec and those obtained for each health region and, at the regional level, a comparison of the health outcomes obtained in the various territories served by institutions operating a local community service centre. For the purposes of this Act, the following territories are each considered to be a health region: (1) the territory referred to in section 1.1 of the Act respecting health services and social services for Cree Native persons (chapter S-5); and (2) the territory referred to in Part IV.1 of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2). In addition, the territory referred to in Part IV.3 of the Act respecting health services and social services for the Inuit and Naskapi is considered to be part of the health region with which it is contiguous. The national report on the health status of the population shall be prepared by the national public health director in collaboration with the public health directors and with the support of the Institut national de santé publique du Québec. The report shall be submitted to the Minister, who shall publish it on the Minister’s department’s website. The regional reports shall be prepared by each of the public health directors with the support of the Institut national de santé publique du Québec and shall be made public and disseminated in each region by the regional director. 2001, c. 60, s. 10; 2002, c. 38, s. 14; 2005, c. 32, s. 308; 2023, c. 34, s. 1270.

Section 10Verify source

§ 11Section 11Substitution

Source excerpt

Public health directors must work with local community service centre institutions to develop, implement, evaluate, and regularly update a regional public health action plan.

11. The public health directors must, in collaboration with, in particular the institutions that operate a local community service centre in their region, develop, implement, evaluate and regularly update a regional public health action plan. A regional action plan must be consistent with the prescriptions of the national public health program and must take into account the specific characteristics of the population living in the region. For the purposes of this chapter, for the regional action plan concerning the territory defined in section 2 of the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1), the Nunavik Regional Board of Health and Social Services is substituted for the public health director. 2001, c. 60, s. 11; 2005, c. 32, s. 308; 2023, c. 34, s. 1271.

Section 11Verify source

§ 12Section 12Provision

Source excerpt

The regional action plan must include a mobilization plan for health and social services resources in the region.

12. The regional action plan must include a plan providing for the mobilization of the resources of the health and social services institutions in the region, which can be implemented whenever such resources are needed by the public health director to conduct an epidemiological investigation or to take the measures considered necessary to protect the health of the population if it is threatened. 2001, c. 60, s. 12; 2023, c. 34, s. 1272.

Section 12Verify source

§ 13Section 13Provision

Source excerpt

The regional action plan may assign some activities or services to non-public-health resources, and it must consider physicians’ services and care in the region.

13. The regional action plan may provide that certain activities will be carried out or certain services will be offered to the population by other resources than public health departments or institutions operating a local community service centre. The plan must take into account the services and care offered by physicians practising in the region. The public health director shall identify the responsibilities he entrusts to the health and social services institutions in his territory for the purposes of the regional public health action plan. 2001, c. 60, s. 13; 2005, c. 32, s. 292; 2023, c. 34, s. 1273.

Section 13Verify source

§ 14Section 14Repeal

Source excerpt

Section 14 is repealed.

14. (Repealed). 2001, c. 60, s. 14; 2023, c. 34, s. 1274.

Section 14Verify source

§ 15Section 15Provision

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Before implementing a regional public health action plan, the public health director must consult the various resources concerned by the plan.

15. Before implementing a regional public health action plan, the public health director must consult the various resources concerned by the plan. 2001, c. 60, s. 15; 2005, c. 32, s. 308; 2023, c. 34, s. 1275.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

The national public health program and the regional public health action plans must include reporting mechanisms and a framework for assessing outcomes.

16. The national public health program and the regional public health action plans must contain reporting mechanisms and a framework for the assessment of outcomes. 2001, c. 60, s. 16; 2023, c. 34, s. 1276.

Section 16Verify source

§ 17Section 17Provision

Source excerpt

Each public health director must deposit his or her regional public health action plan with the Minister before implementing it.

17. Each public health director must deposit his or her regional public health action plan with the Minister before implementing it. 2001, c. 60, s. 17; 2005, c. 32, s. 308; 2023, c. 34, s. 1277.

Section 17Verify source

§ 18Section 18Provision

Source excerpt

The Minister must coordinate public health delivery with the provincial public health institute and, for work-environment health issues, develop public health activities in collaboration with the labour standards and safety commission.

18. The Minister shall ensure coordination between the health and social services network and the Institut national de santé publique du Québec created under the Act respecting Institut national de santé publique du Québec (chapter I-13.1.1) as regards the delivery of the required public health services to the population and the carrying out of public health activities, as provided in the national public health program. The Minister shall also ensure that public health activities to be carried out pursuant to this chapter shall, where they concern health issues in the work environment, be developed in collaboration with the Commission des normes, de l’équité, de la santé et de la sécurité du travail. 2001, c. 60, s. 18; 2015, c. 15, s. 237.

Section 18Verify source

§ 19Section 19Repeal

Source excerpt

Section 19 is repealed.

19. (Repealed). 2001, c. 60, s. 19; 2009, c. 45, s. 12.

Section 19Verify source

§ 20Section 20Repeal

Source excerpt

Section 20 is repealed.

20. (Repealed). 2001, c. 60, s. 20; 2009, c. 45, s. 12.

Section 20Verify source

§ 21Section 21Repeal

Source excerpt

Section 21 is repealed.

21. (Repealed). 2001, c. 60, s. 21; 2009, c. 45, s. 12.

Section 21Verify source

§ 22Section 22Repeal

Source excerpt

Section 22 is repealed.

22. (Repealed). 2001, c. 60, s. 22; 2009, c. 45, s. 12.

Section 22Verify source

§ 23Section 23Repeal

Source excerpt

Section 23 is repealed.

23. (Repealed). 2001, c. 60, s. 23; 2009, c. 45, s. 12.

Section 23Verify source

§ 24Section 24Repeal

Source excerpt

Section 24 is repealed.

24. (Repealed). 2001, c. 60, s. 24; 2009, c. 45, s. 12.

Section 24Verify source

§ 25Section 25Repeal

Source excerpt

Section 25 is repealed.

25. (Repealed). 2001, c. 60, s. 25; 2009, c. 45, s. 12.

Section 25Verify source

§ 26Section 26Repeal

Source excerpt

Section 26 is repealed.

26. (Repealed). 2001, c. 60, s. 26; 2009, c. 45, s. 12.

Section 26Verify source

§ 27Section 27Repeal

Source excerpt

Section 27 is repealed.

27. (Repealed). 2001, c. 60, s. 27; 2009, c. 45, s. 12.

Section 27Verify source

§ 28Section 28Repeal

Source excerpt

28. (Repealed). 2001, c. 60, s. 28; 2009, c. 45, s. 12.

Section 28Verify source

§ 29Section 29Repeal

Source excerpt

Section 29 is repealed.

29. (Repealed). 2001, c. 60, s. 29; 2009, c. 45, s. 12.

Section 29Verify source

§ 30Section 30Repeal

Source excerpt

Section 30 is repealed.

30. (Repealed). 2001, c. 60, s. 30; 2009, c. 45, s. 12.

Section 30Verify source

§ 31Section 31Repeal

Source excerpt

This section was repealed.

31. (Repealed). 2001, c. 60, s. 31; 2009, c. 45, s. 12.

Section 31Verify source

§ 32Section 32Repeal

Source excerpt

Section 32 is repealed.

32. (Repealed). 2001, c. 60, s. 32; 2009, c. 45, s. 12.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

Ongoing surveillance of population health and health determinants must be carried out.

33. Ongoing surveillance of the health status of the population and of health determinants shall be carried out so as to (1) obtain an overall picture of the health status of the population; (2) monitor trends and temporal and spatial variations; (3) detect emerging problems; (4) identify major problems; (5) develop prospective scenarios of the health status of the population; (6) monitor the development within the population of certain specific health problems and of their determinants. 2001, c. 60, s. 33.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

Ongoing surveillance of the population’s health status is assigned exclusively to the Minister and the public health directors.

34. Ongoing surveillance of the health status of the population is a function conferred exclusively on the Minister and the public health directors. However, the Minister may confer on the Institut national de santé publique du Québec the mandate to exercise all or part of the Minister’s surveillance function or certain surveillance activities, on the conditions and to the extent the Minister considers appropriate. The Minister may also confer such a mandate on a third person, but in such a case, the mandate must first be submitted to the Commission d’accès à l’information for an opinion. 2001, c. 60, s. 34.

Section 34Verify source

§ 35Section 35Provision

Source excerpt

35. The Minister and the public health directors, each for their own purpose, shall develop plans for the surveillance of the health status of the population which specify the purpose and objects of the surveillance, the personal or non-personal information it will be necessary to collect, the proposed sources of information, and the analytic study necessary to be able to exercise their surveillance function. Where the Minister confers certain surveillance activities or part of the Minister’s surveillance function on a third person, the surveillance plan must so provide. 2001, c. 60, s. 35.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

36. The proposed surveillance plans must be submitted to the ethics committee of the Institut national de santé publique du Québec for an opinion. Where a surveillance plan provides for the communication of personal information which must be the subject of an agreement sent to the Commission d’accès à l’information under the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or where the Commission must examine a mandate conferred by the Minister under section 34 of this Act, a copy of the opinion of the ethics committee of the Institut national de santé publique du Québec must be forwarded to the Commission. 2001, c. 60, s. 36; 2009, c. 45, s. 13; 2021, c. 25, s. 169.

Section 36Verify source

§ 37Section 37Provision

Source excerpt

The Minister and each public health director must periodically re-evaluate whether to keep each surveillance plan or change it.

37. The Minister and each public health director must periodically re-evaluate the necessity of maintaining each of their surveillance plans or of making changes to them. 2001, c. 60, s. 37.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

The Minister and public health directors may require physicians, government departments, and certain bodies to provide information needed for a surveillance plan.

38. The Minister and the public health directors may require any physician, any government department or any body, including any health and social services body within the meaning of the Act respecting health and social services information (chapter R-22.1), to provide them with information necessary for carrying out a surveillance plan. 2001, c. 60, s. 38; 2023, c. 5, s. 234.

Section 38Verify source

§ 38.1Section 38.1Provision

Source excerpt

The Minister or a public health director may make an agreement to limit which uses and communications apply to information obtained for a surveillance plan.

38.1. Where the Minister or a public health director obtains personal or non-personal information necessary for carrying out a surveillance plan from a government department or a body that is not a health and social services body within the meaning of the Act respecting health and social services information (chapter R-22.1), the Minister or public health director may enter into an agreement to limit, from among the uses and communications provided for by that Act, those that will be applicable to that information. 2023, c. 5, s. 234.

Section 38.1Verify source

§ 39Section 39Provision

Source excerpt

Periodic surveys on health and social issues must be conducted.

39. Periodic surveys on health and social issues shall be conducted to gather the recurrent information necessary for ongoing surveillance of the health status of the population. 2001, c. 60, s. 39.

Section 39Verify source

§ 40Section 40Provision

Source excerpt

The Minister may personally conduct surveys, or ensure survey information is transmitted to the Minister or made available to public health directors.

40. The Minister may personally conduct such surveys or ensure that the information collected in the course of surveys conducted by other resources is transmitted to the Minister or made available to the public health directors. 2001, c. 60, s. 40.

Section 40Verify source

§ 41Section 41Provision

Source excerpt

If the Minister chooses to conduct a national survey for ongoing surveillance of population health, the Minister must determine the survey’s objectives after consulting the public health directors.

41. Where the Minister chooses to conduct a national survey for the purposes of ongoing surveillance of the health status of the population, the Minister shall determine the survey’s objectives after consulting the public health directors. 2001, c. 60, s. 41.

Section 41Verify source

§ 42Section 42Provision

Source excerpt

National surveys must be entrusted to the Institut de la statistique du Québec, and the Institut must follow objectives set by the Minister. Public health directors may conduct regional surveys on health and social issues.

42. The carrying out of national surveys shall be entrusted to the Institut de la statistique du Québec created under the Act respecting the Institut de la statistique du Québec (chapter I-13.011), which shall comply with the objectives determined by the Minister. Public health directors may conduct regional surveys on health and social issues. 2001, c. 60, s. 42.

Section 42Verify source

§ 43Section 43Provision

Source excerpt

Certain health and social issue surveys must first be submitted to the Institut national de santé publique du Québec ethics committee for an opinion.

43. Surveys on health and social issues conducted for the purposes of surveillance of the health status of the population must first be submitted to the ethics committee of the Institut national de santé publique du Québec for an opinion. However, the Minister may exempt a proposed national survey from that requirement if the ethical review of that survey is conducted by the ethics committee of the Institut de la statistique du Québec. 2001, c. 60, s. 43; 2009, c. 45, s. 14.

Section 43Verify source

§ 44Section 44Provision

Source excerpt

The Minister must establish and maintain a system for collecting certain birth, stillbirth, and death information for ongoing population health surveillance.

44. The Minister shall establish and maintain, in particular for the purposes of ongoing surveillance of the health status of the population, a system for the collection of sociological and health-related personal or non-personal information on births, stillbirths and deaths; the mechanics of the system shall be fixed by regulation. 2001, c. 60, s. 44.

Section 44Verify source

§ 45Section 45Provision

Source excerpt

The physician, midwife, or other assisting person must complete a birth certificate.

45. The physician or midwife or, if there is no physician or midwife, any person assisting a woman during childbirth must complete a certificate of birth for the purposes of this Act. 2001, c. 60, s. 45.

Section 45Verify source

§ 46Section 46Provision

Source excerpt

46. An institution that maintains a facility in which a death occurs must cause a certificate of death to be filled out by a physician or a nurse, for the purposes of this Act. Where a death occurs elsewhere than in a facility maintained by an institution, the last physician or the last nurse who treated the person shall fill out the certificate of death. If the physician or nurse is not accessible, the certificate of death may be filled out by another physician, another nurse or a coroner. If no person acting in any of such capacities is available within a radius of 16 km, the certificate of death may be drawn up by two persons of full age. Where a death is the subject of an investigation and, where applicable, of an inquest under the Coroners Act (chapter C-68.01), the certificate of death shall be drawn up by the coroner. Where the remains of a person who died outside Québec are transported into Québec, the certificate of death shall be drawn up by the funeral services director of the funeral services business transporting the remains, unless the case falls within the competence of the coroner. 2001, c. 60, s. 46; 2016, c. 1, s. 140; 2020, c. 20, s. 44; 2023, c. 15, s. 55.

Section 46Verify source

§ 47Section 47Provision

Source excerpt

The Minister may establish and maintain systems to collect data and personal and non-personal information for ongoing surveillance of the population’s health status.

47. The Minister may also establish and maintain, in particular for the purposes of ongoing surveillance of the health status of the population, systems for the collection of data and personal and non-personal information on the prevalence, incidence and distribution of health problems and in particular on problems having significant impacts on premature mortality and on morbidity and disability; the particulars of the system shall be fixed by regulation. 2001, c. 60, s. 47.

Section 47Verify source

§ 48Section 48Provision

Source excerpt

Certificates, data, or information covered by sections 45 to 47 must be sent to the Minister, following the Minister’s regulations.

48. The certificates, data or information referred to in sections 45, 46 and 47 shall be transmitted to the Minister in accordance with the regulations of the Minister. 2001, c. 60, s. 48.

Section 48Verify source

§ 49Section 49Provision

Source excerpt

The Minister may make regulations to create registries for recording certain health-service or health-care information, and those regulations must set out what is recorded, who provides it, who may access it, and for what purposes.

49. The Minister may, for the purposes of clinical preventive care or the protection of the health of the population, make regulations establishing registries in which personal information on certain health services or health care received by the population is recorded. The regulations shall specify the services or care that must be recorded in the registries, the personal information that must be furnished, in what circumstances and by what health professionals, and who will have access to such personal information and for what purposes. The regulations shall provide that the consent of the person receiving the services or care is required both for the recording of the information in the registry and for allowing third persons to have access to the information, and the regulations must enable a person to remove all or part of the information that relates to him or her from a registry. The regulations may, however, provide for the recording of certain information in a registry or allow access to certain information without the consent of the person to whom the information relates, where the refusal of that person could endanger the health of other persons. In such a case, the person concerned may not require the removal of the information that relates to him or her from the registry. 2001, c. 60, s. 49.

Section 49Verify source

§ 50Section 50Provision

Source excerpt

Draft regulations for the registries in section 49 must be sent to the Commission d’accès à l’information for an opinion, and an unfavourable opinion blocks adoption by the Minister unless the Government approves.

50. Draft regulations establishing the registries provided for in section 49 must be submitted to the Commission d’accès à l’information for an opinion. Should the Commission give an unfavourable opinion, the draft regulations may not be adopted by the Minister except with the approval of the Government. The opinion of the Commission and the approval of the Government must be tabled in the National Assembly within 30 days of the approval if the Assembly is sitting or, if it is not sitting, within 30 days of the opening of the next session, or of resumption. 2001, c. 60, s. 50.

Section 50Verify source

§ 51Section 51Provision

Source excerpt

When a Minister’s regulation under section 49 takes effect, the health professionals covered by it must record the information specified in the regulation in the established registry.

51. From the time a regulation of the Minister made under section 49 becomes effective, the health professionals to whom the regulation applies are required to record the information specified in the regulation in the registry so established, in the manner and within the time limits prescribed in the regulation. 2001, c. 60, s. 51.

Section 51Verify source

§ 51.1Section 51.1Provision

Source excerpt

The Minister may make regulations requiring public health directors to send specified information and setting the conditions for doing so; the information must be anonymous.

51.1. The Minister may, in order to identify real or apprehended health threats for the population of two or more regions, make regulations to determine the information that public health directors must send the Minister and the conditions on which they are to do so. The information sent must be provided in a form that ensures anonymity. 2009, c. 45, s. 15.

Section 51.1Verify source

§ 52Section 52Provision

Source excerpt

The Minister may personally manage the information, data collection systems, or registries covered by this chapter, or assign that management to the Régie de l’assurance maladie du Québec or a listed public body.

52. The Minister may personally assume the operations management of the information, the data collection systems or the registries provided for in this chapter or entrust that management to the Régie de l’assurance maladie du Québec or a public body listed in section 2 of the Act respecting the governance and management of the information resources of public bodies and government enterprises (chapter G-1.03). 2001, c. 60, s. 52; 2009, c. 45, s. 16; 2012, c. 23, s. 153.

Section 52Verify source

§ 52.1Section 52.1Provision

Source excerpt

If the Minister entrusts operations management of the information, data collection systems, or registries in this chapter to an operations manager, the Minister must enter into a written agreement with that manager.

52.1. When the Minister entrusts the operations management of the information, the data collection systems or the registries provided for in this chapter to an operations manager, the Minister enters into a written agreement with that manager. 2012, c. 23, s. 153.

Section 52.1Verify source

§ 53Section 53Provision

Source excerpt

53. The Minister, public health directors and institutions operating a local community service centre may, each at the appropriate level of intervention, for the purpose of preventing disease, trauma and social problems that have an impact on the health of the population and influencing population health determinants positively, (1) organize public information and awareness campaigns; (2) promote and support preventive health care practice among health care professionals; (3) identify and assess situations involving health risks within the population; (4) establish mechanisms providing for concerted action between various resources able to act on situations that may cause problems of avoidable morbidity, disability and mortality; (5) promote health and the adoption of public social policies capable of fostering the enhancement of the health and welfare of the population among the various resources whose decisions or actions may have an impact on the health of the general population or of certain groups; (6) support actions which, within a community, foster the creation of a living environment conducive to health and well-being. 2001, c. 60, s. 53.

Section 53Verify source

§ 54Section 54Provision

Source excerpt

The Minister is the Government’s public health advisor and must give advice to other ministers on health promotion and policies that support population health and welfare.

54. The Minister is by virtue of his or her office the advisor of the Government on any public health issue. The Minister shall give the other ministers any advice he or she considers advisable for health promotion and the adoption of policies capable of fostering the enhancement of the health and welfare of the population. In the Minister’s capacity as government advisor, the Minister shall be consulted in relation to the development of the measures provided for in an Act or regulation that could have significant impact on the health of the population. 2001, c. 60, s. 54.

Section 54Verify source

§ 55Section 55Provision

Source excerpt

A public health director may ask useful authorities to help find a solution when a regional public health risk is identified or feared and effective solutions seem available. Invited authorities must participate, and if a government department or body is involved, the director must notify the national public health director first.

55. Where a public health director becomes aware of the existence or fears the occurrence in the region of a situation putting the population or a group of individuals at high risk of avoidable mortality, disability or morbidity and, in the director’s opinion, effective solutions exist for the reduction or elimination of those risks, the director may formally request the authorities whose intervention appears useful to participate in the search for a solution adapted to the circumstances. Authorities who receive such an invitation are required to participate in the search for a solution. Where one of the authorities is a department or body of the Government, the public health director may not formally request their participation without first notifying the national public health director. 2001, c. 60, s. 55.

Section 55Verify source

§ 56Section 56Provision

Source excerpt

The Minister may personally exercise the power under section 55 at any time, together with the public health director or directors concerned.

56. The Minister may at all times choose to personally exercise the power provided for in section 55, in collaboration with the public health director or directors concerned. 2001, c. 60, s. 56.

Section 56Verify source

§ 57Section 57Provision

Source excerpt

An owner of a fluoridating water treatment plant must monitor fluoridation quality to meet the fluoride concentration set by regulation of the Minister.

57. Every owner of a water treatment plant that fluoridates the water it supplies must monitor the quality of the fluoridation to ensure it meets the optimum fluoride concentration prescribed by regulation of the Minister to prevent tooth decay. 2001, c. 60, s. 57.

Section 57Verify source

§ 58Section 58Provision

Source excerpt

The Minister may make regulations setting standards for monitoring the quality of drinking water fluoridation.

58. The Minister may, by regulation, set standards as regards the procedure for monitoring the quality of drinking water fluoridation. 2001, c. 60, s. 58.

Section 58Verify source

§ 59Section 59Provision

Source excerpt

The national public health program must include actions to encourage water fluoridation.

59. The national public health program must include actions designed to encourage the fluoridation of water. 2001, c. 60, s. 59.

Section 59Verify source

§ 60Section 60Provision

Source excerpt

The Minister may grant a subsidy to qualifying water treatment plant owners who apply, and may attach conditions.

60. The Minister may, to the extent the Minister considers appropriate, grant a subsidy to every owner of a water treatment plant who applies therefor, to cover the costs of purchasing, housing, installing or repairing a fluoridation system and the cost of the fluoride used. The Minister may subject the granting of the subsidy to the conditions considered appropriate. 2001, c. 60, s. 60.

Section 60Verify source

§ 61Section 61Provision

Source excerpt

The Minister must establish and maintain a vaccination registry recording vaccinations received in Québec, and also vaccinations received outside Québec when they are brought to a health professional’s attention and validated.

61. The Minister shall establish and maintain a vaccination registry in which all vaccinations received by a person in Québec are recorded. The same applies for all the vaccinations received by a person outside Québec, when they are brought to the attention of a health professional and validated by the latter or by another health professional. 2001, c. 60, s. 61; 2012, c. 23, s. 154.

Section 61Verify source

§ 61.1Section 61.1Provision

Source excerpt

The Minister may personally manage the registry or assign that management to a body referred to in section 52.

61.1. The Minister may personally assume the operations management of the registry or entrust that management to a body referred to in section 52. 2012, c. 23, s. 154.

Section 61.1Verify source

§ 61.2Section 61.2Provision

Source excerpt

If the Minister entrusts vaccination registry operations to an operations manager, the Minister must enter into a written agreement with that manager.

61.2. When the Minister entrusts the operations management of the vaccination registry to an operations manager, the Minister enters into a written agreement with that manager. 2012, c. 23, s. 154.

Section 61.2Verify source

§ 61.3Section 61.3Provision

Source excerpt

The Minister may, by regulation, require certain health bodies in a region or area to collect, record, or release vaccination registry information in the Minister’s name.

61.3. The Minister may, by regulation, prescribe that, in a given region or area, Santé Québec, the Nunavik Regional Board of Health and Social Services or a health and social services institution must, in the name of the Minister, collect, record or release information in the vaccination registry. 2012, c. 23, s. 154; 2023, c. 34, s. 1278.

Section 61.3Verify source

§ 62Section 62Repeal

Source excerpt

Section 62 is repealed.

62. (Repealed). 2001, c. 60, s. 62; 2012, c. 23, s. 155.

Section 62Verify source

§ 63Section 63Provision

Source excerpt

The Minister must inform the public about the purpose of the vaccination registry and how it works.

63. The Minister shall inform the public of the purpose of the vaccination registry and of how it works. 2001, c. 60, s. 63; 2012, c. 23, s. 156.

Section 63Verify source

§ 64Section 64Provision

Source excerpt

64. The following information on each vaccination is released to the operations manager of the vaccination registry for registration, under the conditions and in the manner prescribed by regulation of the Minister: (1) information on the person vaccinated: (a) the person’s name, date of birth and sex, (b) health insurance number, if applicable, (c) residential address, telephone number and email address, if applicable, (d) if the person vaccinated is under the age of 14 or is incapable, the holder of parental authority or the tutor or mandatary of the person as well as their residential address, telephone number and email address, if applicable, (e) the name of the childcare centre or day care centre attended or of the home educational childcare provider, if applicable, (f) the permanent student code assigned by the Ministère de l’Éducation, du Loisir et du Sport, if applicable, and (g) the name of the educational institution attended, educational level, and, if applicable, the class number, the building and the name of the school service centre or the school board concerned; (2) information on the vaccine administered: (a) the brand name, including the name of the manufacturer, (b) the date and time of administration, (c) the quantity administered and unit of measurement, (d) the lot number and expiry date, (e) the name of the immunizing agent, (f) the dose number, (g) the administration route, (h) the injection site, (i) an indicator of any cold chain failure associated with the vaccine, (j) the name of the vaccinator and the vaccinator’s unique identification number in the register of service providers established under the Act respecting the governance of the health and social services system (chapter G-1.021) or, if the vaccinator has no such number, the vaccinator’s title and the number of the vaccinator’s licence to practise, and (k) the name, address, telephone number and unique identification number in the register of bodies established under the Act respecting the governance of the health and social services system of the location where the health services and social services are provided and to which the vaccinator is attached as well as, if applicable, the physical location where the vaccine was administered; (3) the following additional information: (a) a history of any illness contracted that would have been preventable by vaccination, (b) any temporary contraindication for vaccination, (c) any permanent contraindication for vaccination, (d) any precautions taken at the time of vaccination, (e) clinical notes concerning the vaccination, (f) the reason for the vaccination, (g) in the case of a prescription, the name and the unique identification number in the register of service providers established under the Act respecting the governance of the health and social services system of the person who wrote the prescription or who initiated a therapeutic measure under a prescription or, if the person has no such number, the person’s title and the number of the person’s licence to practise, (h) a note that the person refuses to receive a vaccine or a vaccination series, if applicable, (i) a note that the person has requested that his or her information not be released for vaccination reminder, recall or promotion purposes, as applicable, (j) any unusual post-immunization clinical manifestations, (k) the vaccination profile of the person vaccinated, including the dose of the same vaccine to be administered at a later date, the expected date of administration, the date of clinical eligibility and the administration status of the vaccine, (l) the source of the information and a note that the vaccination history has been validated by a health professional, if applicable, and (m) a note that the information on the vaccination registry and how it works has been sent to the vaccinated person or the holder of parental authority or the tutor or mandatary of the person, if applicable; and (4) any other information prescribed by regulation of the Minister. 2001, c. 60, s. 64; 2012, c. 23, s. 156; 2020, c. 1, s. 310; 2022, c. 9, s. 97; 2020, c. 11, s. 254; 2023, c. 34, s. 1279.

Section 64Verify source

§ 65Section 65Provision

Source excerpt

The vaccination registry information may be released only for the listed public health purposes, and a person may demand that their information not be used for two of those purposes.

65. The personal information contained in the vaccination registry may be released (1) to a vaccinator, for verification of the vaccination history of a person before administering a vaccine; (2) to the national public health director, if the director has been informed that a particular vaccine lot provides inadequate protection and the director considers that the persons who have received the vaccine must be traced; (3) to a public health director, when the information is necessary for an epidemiological investigation; (4) to an institution operating a local community service centre, for the purpose of conducting vaccination reminder, recall or promotion activities in its region; and (5) to a public health director to whom an institution has entrusted activities mentioned in subparagraph 4 pursuant to an agreement. However, a person may at any time demand of the operations manager of the vaccination registry that his or her information contained in the registry not be used for the purposes of subparagraphs 4 and 5 of the first paragraph. 2001, c. 60, s. 65; 2012, c. 23, s. 156; 2023, c. 34, s. 1287.

Section 65Verify source

§ 66Section 66Repeal

Source excerpt

Section 66 is repealed.

66. (Repealed). 2001, c. 60, s. 66; 2012, c. 23, s. 156; 2023, c. 5, s. 236.

Section 66Verify source

§ 67Section 67Provision

Source excerpt

This section is marked as replaced.

67. (Replaced). 2001, c. 60, s. 67; 2012, c. 23, s. 156.

Section 67Verify source

§ 68Section 68Provision

Source excerpt

Section 68 is marked as replaced.

68. (Replaced). 2001, c. 60, s. 68; 2005, c. 32, s. 308; 2012, c. 23, s. 156.

Section 68Verify source

§ 69Section 69Provision

Source excerpt

Certain health professionals must report suspected vaccination-related unusual clinical manifestations to the region’s public health director as soon as possible.

69. Any health professional with the authority to make a medical diagnosis or to assess a person’s state of health who observes an unusual clinical manifestation, temporally associated with vaccination, in a person having received a vaccine or a contact of that person and who suspects a link between the vaccine and the unusual clinical manifestation must report the situation to the region’s public health director as soon as possible. The health professional must provide the name and health insurance number of the person in whom the unusual clinical manifestation was observed and the name and health insurance number of the person who was vaccinated, if not the same. The health professional must also provide the public health director with a brief description of the event observed and any other information prescribed by regulation of the Minister. 2001, c. 60, s. 69; 2012, c. 23, s. 157; 2020, c. 6, s. 23; 2023, c. 34, s. 1287.

Section 69Verify source

§ 70Section 70Provision

Source excerpt

This section defines “victim” and “bodily injury” for this division.

70. In this division, unless the context indicates otherwise, (1) “victim” means the vaccinated person, a person having contracted the disease from a vaccinated person, the foetus of either of such persons or, if a death occurs, the person who is entitled to a death benefit; (2) “bodily injury” means any serious permanent physical or mental injury, or death. 2001, c. 60, s. 70.

Section 70Verify source

§ 71Section 71Provision

Source excerpt

The Minister must compensate victims of bodily injury caused by certain vaccinations if the vaccination took place in Québec.

71. The Minister shall compensate, regardless of responsibility, any victim of bodily injury caused by a voluntary vaccination against a disease or infection identified in the regulation made by the Government under section 137 or a vaccination imposed pursuant to section 123. In either case, the vaccination must have taken place in Québec. 2001, c. 60, s. 71.

Section 71Verify source

§ 72Section 72Provision

Source excerpt

The rules under the Automobile Insurance Act and its regulations apply, with necessary modifications, to computing the compensation in section 71.

72. The rules prescribed in the Automobile Insurance Act (chapter A-25) and the regulations thereunder apply to the computation of the compensation provided for in section 71, with the necessary modifications. 2001, c. 60, s. 72.

Section 72Verify source

§ 73Section 73Provision

Source excerpt

A compensation claim under this division is time-barred three years after vaccination, or three years after death for a death benefit. If an injury appears gradually, the time limit starts when it first becomes apparent.

73. Entitlement to compensation under this division is prescribed three years after the date of vaccination and, in the case of a death benefit, three years after the date of death. However, where an injury becomes apparent gradually, the time limit runs only from the day the injury first becomes apparent. 2001, c. 60, s. 73.

Section 73Verify source

§ 74Section 74Provision

Source excerpt

The victim may start civil proceedings against a person liable for the bodily injury.

74. The victim may institute civil proceedings against any person who is liable for the bodily injury. 2001, c. 60, s. 74.

Section 74Verify source

§ 75Section 75Provision

Source excerpt

The Minister is subrogated by law to the victim’s rights and actions against the person liable for the bodily injury, up to the amount paid by the Minister or the capital for the pension to be paid.

75. The Minister is subrogated by operation of law to the rights and actions of the victim against the person liable for the bodily injury up to the amount of compensation paid by the Minister or of the capital representing the pension to be paid by the Minister. 2001, c. 60, s. 75.

Section 75Verify source

§ 76Section 76Provision

Source excerpt

A claimant who thinks they were wronged by a Minister’s decision under section 71 or 72 may contest it before the Administrative Tribunal of Québec within 60 days after notification.

76. Any claimant who believes he or she has been wronged by a decision of the Minister pursuant to section 71 or 72 may, within 60 days of the date of notification of the decision, contest the decision before the Administrative Tribunal of Québec. 2001, c. 60, s. 76.

Section 76Verify source

§ 77Section 77Provision

Source excerpt

77. A proceeding before the Administrative Tribunal of Québec does not suspend the payment of compensation paid as a pension. 2001, c. 60, s. 77.

Section 77Verify source

§ 78Section 78Provision

Source excerpt

Necessary sums for this division are to be taken from the Consolidated Revenue Fund.

78. The sums necessary for the purposes of this division shall be taken out of the Consolidated Revenue Fund. 2001, c. 60, s. 78.

Section 78Verify source

§ 79Section 79Provision

Source excerpt

The Minister must, by regulation, draw up a list of intoxications, infections and diseases.

79. The Minister shall, by regulation, draw up a list of intoxications, infections and diseases that must be reported to the region’s public health director and, in certain cases provided for in the regulation, to the Minister or to both the public health director and the national public health director. 2001, c. 60, s. 79; 2023, c. 34, s. 1287.

Section 79Verify source

§ 80Section 80Provision

Source excerpt

A list may include only certain intoxications, infections, or diseases if they are medically recognized as a threat to population health and require vigilance or an epidemiological investigation.

80. The list may include only intoxications, infections or diseases that are medically recognized as capable of constituting a threat to the health of a population and as requiring vigilance on the part of public health authorities or an epidemiological investigation. 2001, c. 60, s. 80.

Section 80Verify source

§ 81Section 81Provision

Source excerpt

The report must include the affected person’s name and address and any other information prescribed by the Minister’s regulation.

81. The report must indicate the name and address of the person affected and contain any other personal or non-personal information prescribed by regulation of the Minister. The report must be transmitted in the manner, in the form and within the time prescribed in the regulation. 2001, c. 60, s. 81.

Section 81Verify source

§ 82Section 82Provision

Source excerpt

Certain health professionals and laboratory leaders must report specified intoxications, infections, or diseases when the listed conditions are met.

82. The following persons are required to make the report in the cases provided for in the regulation of the Minister: (1) any health professional with the authority to make a diagnosis or to assess a person’s state of health who observes an intoxication, infection or disease included in the list or who observes the presence of clinical manifestations characteristic of any of those intoxications, infections or diseases in a living or deceased person; (2) any chief executive officer of a private or public medical biology laboratory or laboratory medicine department, where a laboratory analysis conducted in the laboratory or department under his or her authority shows the presence of any reportable intoxications, infections or diseases. 2001, c. 60, s. 82; 2017, c. 21, s. 91; 2020, c. 6, s. 24.

Section 82Verify source

§ 83Section 83Provision

Source excerpt

The Minister may make a regulation listing contagious diseases or infections that trigger required medical treatment to prevent contagion.

83. The Minister may, by regulation, draw up a list of the contagious diseases or infections for which any person affected is obligated to submit to the medical treatments required to prevent contagion. The list may include only contagious diseases or infections that are medically recognized as capable of constituting a serious threat to the health of a population and for which an effective treatment that would put an end to the contagion is available. 2001, c. 60, s. 83.

Section 83Verify source

§ 84Section 84Provision

Source excerpt

A qualifying health professional who sees a likely covered disease or infection must act without delay to secure the person’s needed care or direct the person to an able health and social services institution.

84. Any health professional with the authority to make a medical diagnosis or to assess a person’s state of health who observes that a person is likely suffering from a disease or infection to which this division applies must take, without delay, the required measures to ensure that the person receives the care required by his or her condition, or direct the person to a health and social services institution able to provide such treatments. 2001, c. 60, s. 84; 2020, c. 6, s. 25.

Section 84Verify source

§ 85Section 85Provision

Source excerpt

Certain health or social services institutions must admit specified patients as emergencies, or refer them if they lack resources.

85. In the case of certain diseases or infections identified in the regulation, any health or social services institution having the necessary resources must admit as an emergency patient any person suffering or likely to be suffering from one of those diseases or infections. If the institution does not have the necessary resources, it must direct the person to an institution able to provide the required services. 2001, c. 60, s. 85.

Section 85Verify source

§ 86Section 86Provision

Source excerpt

86. Any health professional with the authority to make a medical diagnosis or to assess a person’s state of health who becomes aware that a person who is likely suffering from a disease or infection to which this division applies is refusing or neglecting to submit to an examination must notify the region’s public health director as soon as possible. Such a notice must also be given by any such professional who observes that a person is refusing or neglecting to submit to the required medical treatment or has discontinued a treatment that must be completed to prevent contagion or a recurrence of contagion. 2001, c. 60, s. 86; 2020, c. 6, s. 26; 2023, c. 34, s. 1287.

Section 86Verify source

§ 87Section 87Provision

Source excerpt

A public health director who gets a notice under section 86 must investigate. If the person refuses examination or appropriate treatment, the director may ask the Court for an order requiring compliance.

87. Any public health director who receives a notice under section 86 must make an inquiry and, if the person refuses to be examined or to submit to the appropriate treatment, the public health director may apply to the Court for an order enjoining the person to submit to such examination or treatment. 2001, c. 60, s. 87.

Section 87Verify source

§ 88Section 88Provision

Source excerpt

A Court of Québec judge may order examination and required medical treatment, and may also order the person taken to an institution for examination and treatment, if the stated grounds are met.

88. A judge of the Court of Québec may, if the judge believes on reasonable grounds that the protection of the health of the population so warrants, order the person to submit to an examination and receive the required medical treatment. In addition, the judge may, if the judge believes on serious grounds that the person will refuse to submit to the examination or to receive the treatment, order that the person be taken to an institution maintained by a health or social services institution for examination and treatment. The provisions of section 108 apply to that situation, with the necessary modifications. 2001, c. 60, s. 88; 2023, c. 31, s. 55.

Section 88Verify source

§ 89Section 89Provision

Source excerpt

The Minister may make regulations for certain serious contagious diseases or infections, requiring prophylactic measures for affected or exposed persons.

89. The Minister may, for certain contagious diseases or infections medically recognized as capable of constituting a serious threat to the health of a population, make a regulation setting out prophylactic measures to be complied with by a person suffering or likely to be suffering from such a disease or infection, as well as by any person having been in contact with that person. Isolation, for a maximum period of 30 days, may form part of the prophylactic measures prescribed in the regulation of the Minister. The regulation shall prescribe the circumstances and conditions in which specific prophylactic measures are to be complied with to prevent contagion. It may also require certain health or social services institutions to admit as an emergency patient any person suffering or likely to be suffering from one of the contagious diseases or infections to which this section applies, as well as any person who has been in contact with that person. 2001, c. 60, s. 89.

Section 89Verify source

§ 90Section 90Provision

Source excerpt

Health professionals must notify the region’s public health director as soon as possible if they see someone not complying with prescribed prophylactic measures.

90. Any health professional who observes that a person is omitting, neglecting or refusing to comply with the prophylactic measures prescribed in the regulation made under section 89 must notify the region’s public health director as soon as possible. The director must make an inquiry and, if the person refuses to comply with the necessary prophylactic measures, the director may apply to the Court for an order enjoining the person to do so. The provisions of section 88 apply to that situation, with the necessary modifications. The director may also, in the case of an emergency, use the powers conferred by section 103, and sections 108 and 109 apply to such a situation. 2001, c. 60, s. 90; 2023, c. 34, s. 1287.

Section 90Verify source

§ 91Section 91Provision

Source excerpt

91. Despite any decision of the Court ordering the isolation of a person, isolation must cease as soon as the attending physician, after consulting the region’s public health director, issues a certificate to the effect that the risk of

Section 91Verify source

§ 92Section 92Provision

Source excerpt

Government departments and bodies and local municipalities must report certain health threats to specified public health directors.

92. Government departments and bodies and local municipalities must report to the region’s public health director or to the national public health director any threats to the health of the population that come to their knowledge or any situations which cause them to believe on reasonable grounds that the health of the population is threatened. 2001, c. 60, s. 92; 2023, c. 34, s. 1287.

Section 92Verify source

§ 93Section 93Provision

Source excerpt

Certain health professionals, coroners, and health and social services institutions must report suspected health threats to the region’s public health director.

93. Any health professional with the authority to make a medical diagnosis or to assess a person’s state of health or any coroner who suspects the presence of a threat to the health of the population must notify the region’s public health director. Health and social services institutions must report to the region’s public health director any situation where they believe on reasonable grounds that there exists a threat to the health of the persons who are present in their facilities. 2001, c. 60, s. 93; 2020, c. 6, s. 27; 2020, c. 20, s. 43; 2023, c. 34, s. 1287.

Section 93Verify source

§ 94Section 94Provision

Source excerpt

Directors of certain institutions or establishments, and health professionals working there, may report suspected health threats to the public health director.

94. The directors of institutions or establishments constituting work environments or living environments, such as a business establishment, an educational institution, a childcare centre and other childcare facilities, a correctional facility and transition housing may report to the region’s public health director any situation which they have cause to believe constitutes a threat to the health of the persons who are present in those places. A health professional practising in such an institution or establishment may also report such a situation to the public health director. 2001, c. 60, s. 94; 2002, c. 24, s. 209; 2023, c. 34, s. 1287.

Section 94Verify source

§ 95Section 95Provision

Source excerpt

Reporting a situation under this chapter does not allow disclosure of personal or confidential information unless the public health authority requires it after evaluating the situation.

95. Reporting a situation under this chapter does not authorize the person making the report to disclose personal or confidential information unless, after evaluating the situation, the public health authority concerned requires such information in the exercise of the powers provided for in Chapter XI. The provisions of this chapter shall not be construed as authorizing a government department, a body, a local municipality, a health and social services institution, the director of an institution or establishment or a health professional, other than a health professional with the authority to make a medical diagnosis or to assess a person’s state of health, to report a threat to the health of the population arising from a sexually transmitted biological agent. 2001, c. 60, s. 95; 2009, c. 45, s. 17; 2020, c. 6, s. 28.

Section 95Verify source

§ 96Section 96Provision

Source excerpt

A public health director may carry out an epidemiological investigation when there are reasonable grounds to believe the population’s health is or could be threatened.

96. A public health director may conduct an epidemiological investigation in any situation where the public health director believes on reasonable grounds that the health of the population is or could be threatened and, in particular, (1) where the director receives a report of an unusual clinical manifestation following a vaccination under section 69; (2) where the director receives a report of an intoxication, infection or disease to which Chapter VIII applies; (3) where the director receives a notice under Chapter IX to the effect that a person is refusing, omitting or neglecting to be examined or treated or to comply with compulsory prophylactic measures; (4) where the director receives a report under Chapter X. 2001, c. 60, s. 96.

Section 96Verify source

§ 97Section 97Provision

Source excerpt

If a public health director thinks they cannot intervene effectively or in time during an epidemiological investigation, they may implement the region’s mobilization plan, and the institutions must follow the director’s instructions.

97. Where during an epidemiological investigation, a public health director is of the opinion that he or she is unable to intervene effectively or within the time required to complete the investigation or to protect the health of the population, the director may implement the resource mobilization plan of the region’s health or social services institutions that was included in the regional public health action plan, and, in that case, the institutions are required to comply with the director’s instructions. The public health director shall notify the national public health director and, as applicable, the president and chief executive officer of Santé Québec or the executive director of the Nunavik Regional Board of Health and Social Services of the implementation of the mobilization plan. 2001, c. 60, s. 97; 2023, c. 34, ss. 1280 and 1287.

Section 97Verify source

§ 98Section 98Provision

Source excerpt

A public health director who learns that another public body has relevant inspection or investigation powers during an epidemiological investigation must notify that body and ask it to act; if that body refuses or delays, the director must notify the national public health director.

98. A public health director who becomes aware during an epidemiological investigation that a government department, a local municipality or a body has, and may exercise, under another Act, a municipal by-law or an agreement, the inspection, inquiry or investigation powers necessary to ascertain the presence of a biological, chemical or physical agent that constitutes a threat to the health of the population must notify the government department, local municipality or body concerned of the situation and request it to proceed. In those circumstances, the public health director’s epidemiological investigation shall be continued, but only the government department, local municipality or body concerned may exercise its inquiry, investigation or inspection powers, in particular, with respect to the premises, animals or substances in respect of which it has jurisdiction. The results obtained must be communicated as soon as possible to the public health director and the latter may require the immediate communication of any information necessary to enable the public health director’s investigation to be continued. A public health director who becomes aware that a government department, a local municipality or a body refuses to exercise its own powers, or delays in doing so, must notify the national public health director. 2001, c. 60, s. 98.

Section 98Verify source

§ 99Section 99Provision

Source excerpt

A public health director must notify specified institutional officials and the national public health director when an epidemiological investigation points to a health threat originating in an institution; the institution must inspect, review, correct if needed, and report its measures promptly.

99. A public health director who becomes aware during an epidemiological investigation that a threat to the health of the population appears to have its origin in a facility maintained by a health or social services institution or in a deficient practice within such an institution must notify the medical and professional services director or director of professional services of that institution, as applicable, or if there is no such director, the executive director and, if the institution is a public institution or a private institution under agreement governed by the Act respecting the governance of the health and social services system (chapter G-1.021), the president and chief executive officer of Santé Québec. If there is a council of physicians, dentists, pharmacists and midwives, a council of physicians, dentists and pharmacists or a council of nurses, as applicable, within the institution, the medical and professional services director or director of professional services or, if there is no such director, the president and executive director or the executive director, must immediately inform them of the situation reported by the public health director. The public health director must also inform the national public health director of the situation, and the Minister may, if the Minister considers it necessary, request the public health director to also continue the epidemiological investigation underway in the institution. The institution must as soon as possible take all measures required to inspect its facilities and review its practices and, if necessary, correct the situation. The measures taken must be communicated without delay to the public health director and to the Minister. 2001, c. 60, s. 99; 2023, c. 34, s. 1281.

Section 99Verify source

§ 100Section 100Provision

Source excerpt

A public health director may, subject to section 98 and within an epidemiological investigation, use inspection and collection powers and order people or bodies to provide samples, documents, information, or access, including medical examination in some cases.

100. Subject to section 98, a public health director may, where required within the scope of an epidemiological investigation, (1) require that every substance, plant, animal or other thing in a person’s possession be presented for examination; (2) require that a thing in a person’s possession be dismantled or that any container under lock and key be opened; (3) carry out or cause to be carried out any excavation necessary in any premises; (4) have access to any premises and inspect them at any reasonable time; (5) take or require a person to take samples of air or of any substance, plant, animal or other thing; (6) require that samples in a person’s possession be transmitted for analysis to the Institut national de santé publique du Québec or to another laboratory; (7) require any director of a private or public medical biology laboratory or laboratory medicine department to transmit any sample or culture the public health director considers necessary for the purposes of an investigation to the Institut national de santé publique du Québec or to another laboratory; (8) order any person, any government department or any body to immediately communicate to the public health director or give the public health director immediate access to any document or any information in their possession, even if the information is personal information or the document or information is confidential; (9) require a person to submit to a medical examination or to furnish a blood sample or a sample of any other bodily substance, if the public health director believes on reasonable grounds that the person is infected with a communicable biological agent. 2001, c. 60, s. 100; 2017, c. 21, s. 92.

Section 100Verify source

§ 101Section 101Provision

Source excerpt

A public health director may not enter a private residence without the occupant’s consent unless the director has a court order.

101. The powers granted to a public health director by paragraph 4 of section 100 may not be exercised to enter a private residence without the consent of the occupant, unless the director has obtained a court order authorizing such entry. A judge of the Court of Québec may grant the order if the judge is of the opinion that the protection of the health of the population warrants it. 2001, c. 60, s. 101; 2023, c. 31, s. 56.

Section 101Verify source

§ 102Section 102Provision

Source excerpt

A public health director may not exercise the powers in paragraph 9 of section 100 unless the person concerned consents or the director has obtained a court order.

102. Except if the person concerned gives consent, the powers provided for in paragraph 9 of section 100 shall not be exercised by a public health director unless he or she has obtained a court order to that effect. The provisions of section 88 apply to such a situation, with the necessary modifications. 2001, c. 60, s. 102.

Section 102Verify source

§ 103Section 103Provision

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A public health director may order a person into isolation for up to 72 hours, or require specific directives, during an epidemiological investigation to prevent contagion or contamination.

103. A public health director may, at any time during an epidemiological investigation, as a precautionary measure, order a person to remain in isolation for a maximum period of 72 hours or to comply with certain specific directives so as to prevent contagion or contamination. An isolation order may be issued, however, by the public health director only if the director believes on reasonable grounds that the person has been in contact with a communicable biological agent that is medically recognized as capable of seriously endangering the health of the population. The provisions of sections 108 and 109 apply to an isolation order issued under this section. 2001, c. 60, s. 103.

Section 103Verify source

§ 104Section 104Provision

Source excerpt

At a public health director’s request, owners, possessors, or occupants must give reasonable assistance and necessary information for an epidemiological investigation.

104. Every owner or possessor of a thing or occupant of premises must, at the request of a public health director, provide all reasonable assistance and furnish all information necessary to enable the director to conduct an epidemiological investigation. 2001, c. 60, s. 104.

Section 104Verify source

§ 105Section 105Provision

Source excerpt

A public health director may ask a Court of Québec judge for an order when a person is not cooperating, objects to the director’s section 100 power, or refuses section 103 directives; the judge must issue an appropriate order.

105. Subject to the provisions of section 135, any public health director who becomes aware that a person is neglecting or refusing to cooperate in the investigation, objects to the director exercising a power granted to the director by section 100 or refuses to comply with directives given under section 103 may apply to a judge of the Court of Québec, for the issuing of an order. The judge shall issue any order considered appropriate in the circumstances. 2001, c. 60, s. 105; 2023, c. 31, s. 55.

Section 105Verify source

§ 106Section 106Provision

Source excerpt

A public health director may order a range of urgent measures during an investigation if there is a real threat to population health.

106. Where, during an investigation, a public health director is of the opinion that there exists a real threat to the health of the population, the director may (1) order the closing of premises or give access thereto only to certain persons or subject to certain conditions, and cause a notice to be posted to that effect; (2) order the evacuation of a building; (3) order the disinfection, decontamination or cleaning of premises or of certain things and give clear instructions to that effect; (4) order the destruction of an animal, plant or other thing in the manner the director indicates, or order that certain animals or plants be treated; (5) order the cessation of an activity or the taking of special security measures if the activity presents a threat for the health of the population; (6) order a person to refrain from being present for the time indicated by the public health director in an educational institution, work environment or other place of assembly if the person has not been immunized against a contagious disease an outbreak of which has been detected in that place; (7) order the isolation of a person, for a period not exceeding 72 hours indicated by the public health director, if the person refuses to receive the treatment necessary to prevent contagion or if isolation is the only means to prevent the communication of a biological agent medically recognized as capable of seriously endangering the health of the population; (8) order a person to comply with specific directives to prevent contagion or contamination; (9) order any other measure the public health director considers necessary to prevent a threat to the health of the population from worsening or to decrease the effects of or eliminate such a threat. Notwithstanding the provisions of the first paragraph, the public health director may also use the powers conferred by subparagraphs 1 and 2 of that paragraph as a precautionary measure, if the public health director believes on reasonable grounds that there exists a threat to the health of the persons present in those premises or that building. 2001, c. 60, s. 106.

Section 106Verify source

§ 107Section 107Provision

Source excerpt

A public health director may not use the section 106 power in specified circumstances; section 98 then applies with necessary modifications.

107. Notwithstanding the provisions of section 106, a public health director may not use a power provided for in that section to prevent a threat to the health of the population from worsening or to decrease the effects of or eliminate such a threat if a government department, a local municipality or a body has the same power and is able to exercise it. The provisions of section 98 apply in those circumstances, with the necessary modifications. 2001, c. 60, s. 107.

Section 107Verify source

§ 108Section 108Provision

Source excerpt

An order from the public health director can require people to help locate and apprehend a named person and transport them to the indicated place or a chosen health or social services institution.

108. An order issued by the public health director under subparagraph 7 of the first paragraph of section 106 is sufficient to require any person, including a peace officer, to do everything reasonably possible to locate and apprehend the person whose name appears in the order and take him or her to the place indicated therein or to a health or social services institution chosen by the public health director. A person or peace officer acting under this section may not, however, enter a private residence without the consent of the occupant or without obtaining a court order authorizing such entry. Any person who is apprehended must be informed immediately of the reasons for the isolation order, the place where he or she is being taken and of his or her right to communicate with an advocate. The health or social services institution that receives the person pursuant to an order of the public health director or the court must admit the person as an emergency patient. 2001, c. 60, s. 108.

Section 108Verify source

§ 109Section 109Provision

Source excerpt

A person cannot be kept in isolation under a public health director’s order for more than 72 hours without consent or a court order.

109. A person may not be maintained in isolation pursuant to an order of the public health director for more than 72 hours without the person’s consent or without a court order. A public health director may apply to a judge of the Court of Québec for an order enjoining a person in respect of whom an isolation order has been made to comply with the public health director’s order and to remain in isolation for a maximum period of 30 days. The judge may grant the order if, in the judge’s opinion, terminating the isolation would create a serious threat to the health of the population and, in the circumstances, isolation is the only effective means to protect the health of the population. The judge may also grant an order requiring the person to receive the treatment capable of eliminating any risk of contagion where such treatment is available, or make any order considered appropriate. Notwithstanding a court order, a person’s isolation must cease as soon as the attending physician, after consulting the public health director concerned, issues a certificate to the effect that the risks of contagion no longer exist. 2001, c. 60, s. 109; 2023, c. 31, s. 57; 2023, c. 34, s. 1282.

Section 109Verify source

§ 110Section 110Amendment

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If a person refuses to comply with a public health director’s order under section 106, the director may ask a Court of Québec judge for an order requiring compliance; the judge may grant it if there is a threat to population health and the director’s order is appropriate.

110. Except as regards the provisions of subparagraph 7 of the first paragraph of section 106, where a person refuses to comply with an order of the public health director issued under section 106, the public health director may apply to a judge of the Court of Québec for an order enjoining the person to comply with the public health director’s order. The judge may grant the order if, in the judge’s opinion, there exists a threat to the health of the population and the order of the public health director is appropriate. The judge may also make any amendment to the order that appears reasonable in the circumstances. 2001, c. 60, s. 110; 2023, c. 31, s. 58.

Section 110Verify source

§ 111Section 111Provision

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Applications to a judge under this division or sections 87 or 90 must be made by the public health director concerned or someone specifically authorized, served on the person concerned, and dealt with by preference.

111. Every application to a judge under this division or under section 87 or 90 shall be made by the public health director concerned or any other person the public health director has specifically authorized, presented in accordance with the provisions of the first paragraph of article 763 of the Code of Civil Procedure (chapter C-25). Such an application shall be served on the person concerned, but the judge may exempt the applicant from serving an application if the judge considers that the resulting delay could needlessly endanger the health of the population. Every application shall be decided by preference, and every order issued shall be enforceable despite an appeal. However, a judge of the Court of Appeal may suspend the enforcement of an order if the judge considers it necessary in the interests of justice. Every order issued shall be notified personally to the person concerned and may be enforced by a peace officer. An order may, if necessary, be issued against a parent or tutor or other person having legal custody of the person concerned. 2001, c. 60, s. 111; I.N. 2016-01-01 (NCCP); 2023, c. 34, s. 1283.

Section 111Verify source

§ 112Section 112Provision

Source excerpt

If the person subject to a public health director’s order is a minor, the order must also be addressed to a parent, tutor, or, if none, a person with legal custody, and the parent, tutor, or guardian must ensure compliance.

112. Where the person subject to an order of the public health director is a minor, the order must also be addressed to one of the minor’s parents or, if applicable, to the minor’s tutor, or if there is no parent or tutor, to any person having legal custody of the minor, and the parent, tutor or guardian must ensure that the order is complied with. 2001, c. 60, s. 112.

Section 112Verify source

§ 113Section 113Provision

Source excerpt

A public health director may personally exercise the powers in this division or authorize certain persons to exercise certain powers on the director’s behalf.

113. A public health director may personally exercise the powers provided for in this division or may specifically authorize certain persons to exercise certain powers on behalf of the public health director. 2001, c. 60, s. 113.

Section 113Verify source

§ 114Section 114Provision

Source excerpt

A public health director may, if requested, be accompanied by a peace officer during part of an investigation.

114. A public health director may on request be accompanied by a peace officer for any part of an investigation. 2001, c. 60, s. 114.

Section 114Verify source

§ 115Section 115Provision

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A public health director, and any person specifically authorized by one, must on request identify themselves and show the required certificate of capacity.

115. A public health director must, on request, provide identification and show a certificate of capacity issued by the Minister. Every person specifically authorized by a public health director to act for the purposes of an investigation must also, on request, provide identification and show a certificate of capacity issued by the public health director. 2001, c. 60, s. 115.

Section 115Verify source

§ 116Section 116Provision

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The Minister may coordinate public health directors or exercise some or all public health director powers in specified urgent public health situations.

116. The Minister may choose to coordinate the actions of several public health directors or to exercise, with the necessary modifications, certain or all of the powers granted to the public health director by Chapter IX or Division I of this chapter (1) where the national public health director informs the Minister that he or she has received a report concerning an intoxication, infection or disease to which Chapter VIII applies; (2) where the Minister is informed of a situation that is likely to constitute a real or apprehended threat for the population of two or more regions; (3) where the Minister is informed of a situation that is likely to constitute a real or apprehended threat for the population and it is necessary to inform health authorities outside Québec. In those circumstances, the Minister shall act with the assistance of the national public health director, and the orders and instructions given by the national public health director must be carried out in the same manner as those given by the Minister. 2001, c. 60, s. 116.

Section 116Verify source

§ 117Section 117Provision

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The Minister may mobilize resources of Québec health or social services institutions to respond to a public health emergency, if requested by a public health director or the national public health director.

117. The Minister may, at the request of a public health director or the national public health director, mobilize the resources of any health or social services institution in Québec which the Minister considers necessary to respond to a public health emergency. In such a case, the health or social services institutions concerned are required to comply with the Minister’s directives. 2001, c. 60, s. 117.

Section 117Verify source

§ 118Section 118Provision

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The Government may declare a public health emergency in Québec, or part of Québec, if there is a serious actual or imminent threat to public health that requires immediate measures under section 123.

118. The Government may declare a public health emergency in all or part of the territory of Québec where a serious threat to the health of the population, whether real or imminent, requires the immediate application of certain measures provided for in section 123 to protect the health of the population. 2001, c. 60, s. 118.

Section 118Verify source

§ 119Section 119Provision

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A Government-declared public health emergency lasts up to 10 days and can be renewed; if the Government cannot meet immediately, the Minister may declare it for up to 48 hours.

119. A public health emergency declared by the Government is effective for a maximum period of 10 days at the expiry of which it may be renewed, as many times as necessary, for a maximum period of 10 days or, with the consent of the National Assembly, for a maximum period of 30 days. If the Government is unable to meet immediately, the Minister may declare a public health emergency for a maximum period of 48 hours. 2001, c. 60, s. 119.

Section 119Verify source

§ 120Section 120Provision

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After a public health emergency is declared, the threat, the affected area, and the emergency period must be specified.

120. Upon a declaration of a public health emergency, the nature of the threat, the area concerned and the effective period of the public health emergency must be specified. The Minister may be authorized to exercise one or more of the powers specified in section 123. 2001, c. 60, s. 120.

Section 120Verify source

§ 121Section 121Provision

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A public health emergency takes effect immediately when declared or renewed, and the Minister must ensure the declaration or renewal is published and disseminated promptly.

121. The public health emergency is effective as soon as it is declared or renewed. The text declaring or renewing the public health emergency shall be published in the Gazette officielle du Québec and the Minister must cause it to be published and disseminated by the most efficient means available to ensure that the populations concerned are rapidly informed. 2001, c. 60, s. 121.

Section 121Verify source

§ 122Section 122Provision

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The National Assembly may vote to disallow a declaration of public health emergency or a renewal, and the disallowance takes effect when the motion is passed.

122. The National Assembly may, in accordance with its rules of procedure, vote to disallow the declaration of a public health emergency or any renewal thereof. The disallowance takes effect on the day the motion is passed. Notice of the disallowance shall be promptly published and disseminated by the Secretary General of the National Assembly by the most efficient means available to ensure that the populations concerned are rapidly informed. It shall also be published by the Secretary General in the Gazette officielle du Québec. 2001, c. 60, s. 122.

Section 122Verify source

§ 123Section 123Provision

Source excerpt

During a public health emergency, the Government or an empowered Minister may quickly order a range of protective measures, including vaccination, closures, access to information, area restrictions, evacuations, services, assistance, spending, contracts, and other necessary measures.

123. Notwithstanding any provision to the contrary, while the public health emergency is in effect, the Government or the Minister, if he or she has been so empowered, may, without delay and without further formality, to protect the health of the population, (1) order compulsory vaccination of the entire population or any part of it against smallpox or any other contagious disease seriously threatening the health of the population and, if necessary, prepare a list of persons or groups who require priority vaccination; (2) order the closing of educational institutions or of any other place of assembly; (3) order any person, government department or body to communicate or give to the Government or the Minister immediate access to any document or information held, even personal or confidential information or a confidential document; (4) prohibit entry into all or part of the area concerned or allow access to an area only to certain persons and subject to certain conditions, or order, for the time necessary where there is no other means of protection, the evacuation of persons from all or any part of the area or their confinement and, if the persons affected have no other resources, provide for their lodging, feeding, clothing and security needs; (5) order the construction of any work, the installation of sanitary facilities or the provision of health and social services; (6) require the assistance of any government department or body capable of assisting the personnel deployed; (7) incur such expenses and enter into such contracts as are considered necessary; (8) order any other measure necessary to protect the health of the population. The Government, the Minister or another person may not be prosecuted by reason of an act performed in good faith in or in relation to the exercise of those powers. 2001, c. 60, s. 123.

Section 123Verify source

§ 124Section 124Provision

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During a public health emergency, the Minister acts with the national public health director’s assistance, and the director’s orders and instructions must be carried out like the Minister’s.

124. The declaration of a public health emergency does not prevent the public health authorities from exercising the powers granted to them under other provisions of this Act. While a public health emergency is in effect, the Minister shall act with the assistance of the national public health director, and the orders and instructions given by the national public health director must be carried out in the same manner as those given by the Minister. 2001, c. 60, s. 124.

Section 124Verify source

§ 125Section 125Provision

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If compulsory vaccination is ordered under section 123, the Minister must provide the needed vaccines and health services, and pay the related costs.

125. Where compulsory vaccination is ordered under section 123, the Minister shall make the necessary vaccines available and ensure that the required health services are offered. The Minister shall bear the costs related to the dispensing of the health services that are required for the vaccines to be administered and, where applicable, the costs for acquiring those vaccines. 2001, c. 60, s. 125.

Section 125Verify source

§ 126Section 126Provision

Source excerpt

If a person does not comply with a vaccination order under section 123, a judge of the Court of Québec may order the person to be vaccinated.

126. If a person fails to submit to a vaccination ordered under section 123, a judge of the Court of Québec may order the person to submit to the vaccination. In addition, the judge may, if satisfied on reasonable grounds that the person will not submit to the vaccination and if of the opinion that the protection of public health warrants it, order that the person be taken to a specific place to be vaccinated. 2001, c. 60, s. 126; 2023, c. 31, s. 58.

Section 126Verify source

§ 127Section 127Provision

Source excerpt

An order under section 126 is obtained only on an application by the public health authority or a person authorized by it.

127. An order under section 126 is obtained on an application by the public health authority or a person authorized by such authority to file such an application. Section 111 applies, for the purposes of this section, with the necessary modifications. 2001, c. 60, s. 127; I.N. 2016-01-01 (NCCP).

Section 127Verify source

§ 128Section 128Provision

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The Government may end the public health emergency when it considers it is no longer necessary, and notice of the decision must be published and disseminated.

128. The Government may terminate the public health emergency as soon as it considers that it is no longer necessary. A notice must be published and disseminated by the most efficient means available to ensure that the population concerned is rapidly informed. Moreover, the decision must be published in the Gazette officielle du Québec. 2001, c. 60, s. 128.

Section 128Verify source

§ 129Section 129Provision

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The Minister must table an event report in the National Assembly within 3 months after a public health emergency ends, or within 15 days after resumption if the Assembly is not in session.

129. The Minister shall table an event report in the National Assembly within three months after the end of the public health emergency or, if the Assembly is not in session, within 15 days of resumption. The report shall specify the nature and, if determined, the cause of the threat to the health of the population which gave rise to the declaration of a public health emergency, the duration of the declared emergency as well as the measures implemented and the powers exercised under section 123. 2001, c. 60, s. 129.

Section 129Verify source

§ 130Section 130Provision

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The Government or the Minister must pay the sums needed to exercise the powers given by this division from the Consolidated Revenue Fund.

130. The sums required by the Government or the Minister in exercising the powers conferred on them by this division shall be taken out of the Consolidated Revenue Fund. 2001, c. 60, s. 130.

Section 130Verify source

§ 130.1Section 130.1Provision

Source excerpt

If public health is threatened by vectors that can transmit disease, the Government may establish and implement a control plan.

130.1. If the health of the public is threatened by vectors capable of transmitting a disease such as that caused by the West Nile virus, the Government may establish and implement a plan of action to control the vectors, on a joint proposal of the Minister of Health and Social Services, the Minister of Sustainable Development, Environment and Parks and the Minister of Agriculture, Fisheries and Food, after consultation with the Minister of Municipal Affairs, Regions and Land Occupancy. 2009, c. 45, s. 18.

Section 130.1Verify source

§ 130.2Section 130.2Provision

Source excerpt

130.2. The measures provided for in the government plan of action may call for the use of chemical pesticides only if the other measures available are considered to be insufficient. Measures that call for the use of pesticides are exempt from the application of any general or special legislative or regulatory provision, including a municipal by-law, that prevents or delays their implementation. However, subdivision 4 of Division II of Chapter IV of Title I of the Environment Quality Act (chapter Q-2), which deals with the environmental impact assessment and review of certain projects, continues to apply to the measures provided for in the government plan of action, as does the Regulation respecting the environmental impact assessment and review of certain projects (chapter Q-2, r. 23.1). Furthermore, when the measures provided for in the government plan of action call for a pesticide treatment from the air or in an aquatic environment with a surface outlet flowing towards a drainage basin, the Minister of Health and Social Services must notify the Minister of Natural Resources and Wildlife, the Minister of Sustainable Development, Environment and Parks and the Minister of Agriculture, Fisheries and Food one week before application is to begin. 2009, c. 45, s. 18; 2017, c. 4, s. 253.

Section 130.2Verify source

§ 130.3Section 130.3Provision

Source excerpt

The Minister of Health and Social Services must give prior notice to municipalities and the public concerned about planned pesticide applications, and provide information on the measures that best protect against harmful effects.

130.3. Using the means considered to be the most efficient, the Minister of Health and Social Services must give the municipalities and the public concerned prior notification of the planned application of pesticides and information on the measures affording the best protection against the harmful effects of the pesticides. 2009, c. 45, s. 18.

Section 130.3Verify source

§ 130.4Section 130.4Provision

Source excerpt

No person may hinder implementation of the government plan of action measures. Land owners, lessees, and occupants must give free access to the land at all times so those measures, including pesticide use, can be carried out.

130.4. No person may hinder the implementation of the measures provided for in the government plan of action. The owner, lessee or occupant of a parcel of land is required to give free access to the land at all times so that the measures, in particular the use of pesticides, may be implemented. 2009, c. 45, s. 18.

Section 130.4Verify source

§ 130.5Section 130.5Provision

Source excerpt

The government must update the plan of action annually if necessary and make it public.

130.5. The government plan of action must be updated annually, if necessary, and made public. As soon as the plan of action is made public, the competent committee of the National Assembly must allow any interested person, group or organization to submit a brief or written comments on the plan, and may hold hearings. 2009, c. 45, s. 18.

Section 130.5Verify source

§ 130.6Section 130.6Provision

Source excerpt

A report on measures taken to protect the public from disease-bearing vectors must be filed with the Minister of Health and Social Services within three months after the measures are taken.

130.6. A report on the measures implemented to protect the public from the threat posed by disease-bearing vectors must be filed, within three months after the measures have been taken, with the Minister of Health and Social Services, who must immediately send a copy of the report to the other ministers concerned. The Minister must make the report public within 30 days after it is received. 2009, c. 45, s. 18.

Section 130.6Verify source

§ 131Section 131Provision

Source excerpt

The named health boards and Santé Québec must keep certain public-health information confidential and ensure that people with access swear not to disclose it without authorization.

131. The Cree Board of Health and Social Services of James Bay, the Nunavik Regional Board of Health and Social Services and Santé Québec shall ensure that all personal and confidential information obtained by public health directors in the exercise of their functions under Chapters VIII, IX and XI is kept by the public health departments in such manner as to preserve its confidentiality and that the persons having access to the information in the exercise of their functions undertake under oath not to disclose or communicate the information without being duly authorized to do so. Such confidentiality undertaking shall be periodically renewed. The Cree Board, the Regional Board and Santé Québec must do likewise in respect of the reports received under section 69. 2001, c. 60, s. 131; 2002, c. 38, s. 15; 2005, c. 32, s. 308; 2023, c. 34, s. 1285.

Section 131Verify source

§ 132Section 132Provision

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A public health director and public health department staff may communicate section 131 information when it is necessary and the listed conditions are met.

132. A public health director and the persons exercising their functions for a public health department may communicate the information referred to in section 131 where that information is necessary in the following cases and circumstances and subject to the following conditions: (1) to the resources of a health or social services institution that have been mobilized by a public health director under section 97 or to a peace officer acting at the request of the director; (2) to the public health director of another region if a real or apprehended health threat is likely to affect the population of that director’s region; (3) to the national public health director where the situation is such that it could entail the application of Division II or Division III of Chapter XI or require that certain information be communicated or disclosed with the authorization of the national public health director in accordance with section 133; (4) to a government department, a local municipality, a body, a health and social services institution or to the national public health director or the Minister, for the purposes of their intervention in any situation described in section 98, 99 or 107. 2001, c. 60, s. 132; 2002, c. 38, s. 16; 2023, c. 5, s. 237. The amendments made by 2023, c. 5, s. 237 are in force except as regards to the public health director appointed under the Act respecting health services and social services for Cree Native persons (chapter S-5) and to information obtained by him or her. See Order in Council 946-2024 dated 5 June 2024, (2024) 156 G.O. 2, 2123.

Section 132Verify source

§ 133Section 133Provision

Source excerpt

The national public health director may authorize disclosure of certain personal or confidential information, and may also communicate it to an outside-Québec health authority, subject to stated conditions.

133. Notwithstanding section 132, the national public health director may authorize the communication or disclosure, subject to the conditions specified by the national public health director, of personal or confidential information received by the national public health director from a public health director if the national public health director believes on reasonable grounds that the health of the population is threatened and that the circumstances require such communication or disclosure to protect the health of the population. The national public health director may also communicate such information to any health authority outside Québec if the communication is necessary to protect the health of that authority’s population or forms part of the stipulations of an agreement with that health authority. 2001, c. 60, s. 133.

Section 133Verify source

§ 134Section 134Provision

Source excerpt

Sections 131, 132 and 133 also apply, with necessary modifications, to personal and confidential information obtained by the Minister or the national public health director when exercising their functions under this chapter or Chapters VIII and XI.

134. The provisions of sections 131, 132 and 133 apply, with the necessary modifications, to personal and confidential information obtained by the Minister or the national public health director in the exercise of their functions under this chapter or Chapters VIII and XI. 2001, c. 60, s. 134.

Section 134Verify source

§ 135Section 135Provision

Source excerpt

Public health authorities may exercise a commissioner’s powers for information/document transmission and certain access rights, but not the power to impose imprisonment.

135. For the purposes of the communication or transmission of information or documents and for the exercise of the rights of access provided for in section 98, paragraph 8 of section 100 or subparagraph 3 of the first paragraph of section 123, the public health authorities have the powers of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment. 2001, c. 60, s. 135.

Section 135Verify source

§ 136Section 136Provision

Source excerpt

The Minister may make regulations on the matters listed in section 136, including certificates, reports, consent forms, data updating, transmission rules, forms, communication methods, security standards, and other measures needed to administer the Act.

136. In addition to the regulatory powers already provided for by other provisions of this Act, the Minister may make regulations to (1) specify the content of the certificates of birth, stillbirth and death which must be transmitted to the Minister under sections 44 to 46 and 48 and the rules relating to their transmission, preservation and use; (2) specify the content of the reports or opinions that must be transmitted to the Minister where a system for the collection of data and information is established by the Minister under section 47, determine what persons must provide the data and information and fix the rules relating to their transmission, preservation and use; (3) establish the consent forms that must be used where a registry is established under section 49; (4) fix the terms and conditions for the updating of data and information collected under Chapter V; (5) determine the non-personal information to be transmitted to the Minister by public health directors in respect of the reports, notices or opinions received by the directors under Chapter VII, VIII, IX or XI, the time limits within which and the form in which it must be transmitted; (6) determine to which public health director a medical biology laboratory or laboratory medicine department director providing services to more than one region must address reports, and establish the cases or circumstances in which any report, notice or opinion received by a public health director must be transmitted to the director of another region, and the responsibilities of each person in those cases or circumstances; (7) establish standards concerning the disinfection or decontamination of persons, premises or things having been in contact with certain biological, chemical or physical agents, to avoid contagion or contamination; (8) establish forms, and determine the means of communication to be used or security standards to be complied with whenever information is transmitted under this Act; (9) establish any other measure the Minister considers necessary for the administration of this Act. 2001, c. 60, s. 136; 2006, c. 22, s. 177; 2017, c. 21, s. 93.

Section 136Verify source

§ 137Section 137Repeal

Source excerpt

The Government must make regulations setting compensation conditions, a vaccine list, and criteria the Minister must follow.

137. The Government shall, by regulation, (1) determine the conditions that must be met by a person claiming compensation under Division III of Chapter VII and establish the list of vaccines for which compensation may be paid; (2) establish a list of criteria the Minister must comply with in drawing up, by regulation, a list of intoxications, infections or diseases under section 79, 83 or 89; (3) (paragraph repealed). 2001, c. 60, s. 137; 2009, c. 45, s. 19.

Section 137Verify source

§ 138Section 138Offence

Source excerpt

Certain health professionals, physicians, and laboratory officials commit an offence if they do not file required reports or notices, and they are liable to a fine of $600 to $1,200.

138. The following persons are guilty of an offence and are liable to a fine of $600 to $1,200: (1) any health professional who fails to make a report required under section 69; (2) any physician or chief executive officer of a public or private medical biology laboratory or laboratory medicine department who fails to make a report required under section 82; (3) any physician who fails to give a notice required under section 86; (4) any health professional who fails to give a notice required under section 90. 2001, c. 60, s. 138; 2012, c. 23, s. 158; 2017, c. 21, s. 94.

Section 138Verify source

§ 139Section 139Offence

Source excerpt

Within Chapter XI, a person must not obstruct certain public health authorities, disobey their orders, withhold required information or documents, or conceal or destroy relevant documents or other things.

139. Any person who, within the scope of application of Chapter XI, impedes or hinders the Minister, the national public health director, a public health director or a person authorized to act on their behalf, refuses to obey an order they are entitled to give, refuses to give access to or communicate the information or documents they are entitled to require, or conceals or destroys documents or other things relevant to the exercise of their functions is guilty of an offence and is liable to a fine of $1,000 to $6,000. 2001, c. 60, s. 139.

Section 139Verify source

§ 140Section 140Offence

Source excerpt

A person who submits false, incomplete, or misleading information or documents to deceive certain health authorities commits an offence and may be fined.

140. Any person who reports or provides false, incomplete or misleading information or a document that is incomplete or contains false or misleading information in order to deceive the Minister, the national public health director, a public health director or a person authorized to act on their behalf is guilty of an offence and is liable to a fine of $1,000 to $6,000. Penal proceedings for an offence under the first paragraph are prescribed one year after the prosecutor is apprised of the commission of the offence. However, proceedings may not be instituted more than five years after the commission of the offence. 2001, c. 60, s. 140.

Section 140Verify source

§ 141Section 141Offence

Source excerpt

A person who helps, encourages, allows, authorizes, orders, advises, or incites another person to commit an offence under this Act commits an offence.

141. Any person who assists or who incites, advises, encourages, allows, authorizes or orders another person to commit an offence under this Act is guilty of an offence. A person convicted of an offence under this section is liable to the same penalty as that provided for the offence the person assisted or incited another person to commit. 2001, c. 60, s. 141.

Section 141Verify source

§ 142Section 142Offence

Source excerpt

For a second or later offence, the Act’s minimum and maximum fines are doubled.

142. In the case of a second or subsequent offence, the minimum and maximum fines prescribed in this Act are doubled. 2001, c. 60, s. 142.

Section 142Verify source

§ 143Section 143Amendment

Source excerpt

This section notes that an amendment was integrated into c. A-23.001, s. 31.

143. (Amendment integrated into c. A-23.001, s. 31). 2001, c. 60, s. 143.

Section 143Verify source

§ 144Section 144Amendment

Source excerpt

This section states that an amendment was integrated into c. A-29, section 67, and gives a citation to 2001, c. 60, section 144.

144. (Amendment integrated into c. A-29, s. 67). 2001, c. 60, s. 144.

Section 144Verify source

§ 145Section 145Amendment

Source excerpt

This section notes that an amendment was integrated into c. C-19, s. 413, and gives a citation to 2001, c. 60, s. 145.

145. (Amendment integrated into c. C-19, s. 413). 2001, c. 60, s. 145.

Section 145Verify source

§ 146Section 146Amendment

Source excerpt

146. (Amendment intagrated into c. I-13.1.1, s. 4). 2001, c. 60, s. 146.

Section 146Verify source

§ 147Section 147Amendment

Source excerpt

147. (Amendment integrated into c. J-3, schedule I). 2001, c. 60, s. 147.

Section 147Verify source

§ 148Section 148Amendment

Source excerpt

This section notes that an amendment has been integrated into c. M-19.2, s. 5.1.

148. (Amendment integrated into c. M-19.2, s. 5.1). 2001, c. 60, s. 148.

Section 148Verify source

§ 149Section 149Amendment

Source excerpt

149. (Amendment integrated into c. L-0.2, title of the Act). 2001, c. 60, s. 149.

Section 149Verify source

§ 150Section 150Amendment

Source excerpt

150. (Amendment integrated into c. L-0.2, s. 1). 2001, c. 60, s. 150.

Section 150Verify source

§ 151Section 151Amendment

Source excerpt

This section is an amendment note stating that the provision was integrated into c. L-0.2, s. 2.

151. (Amendment integrated into c. L-0.2, s. 2). 2001, c. 60, s. 151.

Section 151Verify source

§ 152Section 152Provision

Source excerpt

152. (Omitted). 2001, c. 60, s. 152.

Section 152Verify source

§ 153Section 153Amendment

Source excerpt

This section only notes that an amendment was integrated into the heading of Division VIII of c. L-0.2.

153. (Amendment integrated into c. L-0.2, heading of Division VIII). 2001, c. 60, s. 153.

Section 153Verify source

§ 154Section 154Provision

Source excerpt

154. (Omitted). 2001, c. 60, s. 154.

Section 154Verify source

§ 155Section 155Amendment

Source excerpt

This section states that an amendment was integrated into c. L-0.2, s. 51, and notes a 2001 citation.

155. (Amendment integrated into c. L-0.2, s. 51). 2001, c. 60, s. 155.

Section 155Verify source

§ 156Section 156Amendment

Source excerpt

This section states that the amendment has been integrated into c. L-0.2, s. 62.

156. (Amendment integrated into c. L-0.2, s. 62). 2001, c. 60, s. 156.

Section 156Verify source

§ 157Section 157Amendment

Source excerpt

This section indicates the provision was amended and gives a citation to the 2001 enactment.

157. (Amendment integrated into c. L-0.2, s. 66). 2001, c. 60, s. 157.

Section 157Verify source

§ 158Section 158Amendment

Source excerpt

This section is a note that an amendment was integrated into c. L-0.2, s. 69.

158. (Amendment integrated into c. L-0.2, s. 69). 2001, c. 60, s. 158.

Section 158Verify source

§ 159Section 159Provision

Source excerpt

159. (Omitted). 2001, c. 60, s. 159.

Section 159Verify source

§ 160Section 160Amendment

Source excerpt

This section is a citation note stating that an amendment has been integrated into another provision and gives the 2001 source reference.

160. (Amendment integrated into c. P-42, s. 11.12). 2001, c. 60, s. 160.

Section 160Verify source

§ 161Section 161Amendment

Source excerpt

161. (Amendment integrated into c. S-4.2, s. 19). 2001, c. 60, s. 161.

Section 161Verify source

§ 162Section 162Amendment

Source excerpt

This section is a consolidation note stating that an amendment was integrated into c. S-4.2, s. 80, and gives the citation 2001, c. 60, s. 162.

162. (Amendment integrated into c. S-4.2, s. 80). 2001, c. 60, s. 162.

Section 162Verify source

§ 163Section 163Amendment

Source excerpt

This section only notes that an amendment was integrated into another provision.

163. (Amendment integrated into c. S-4.2, s. 371). 2001, c. 60, s. 163.

Section 163Verify source

§ 164Section 164Amendment

Source excerpt

This section is an amendment note stating that the amendment was integrated into c. S-4.2, s. 431.

164. (Amendment integrated into c. S-4.2, s. 431). 2001, c. 60, s. 164.

Section 164Verify source

§ 165Section 165Provision

Source excerpt

165. (Omitted). 2001, c. 60, s. 165.

Section 165Verify source

§ 166Section 166Amendment

Source excerpt

A statutory reference to the Public Health Protection Act is to be read, from 20 December 2001, as a reference to the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation and the disposal of human bodies, except for section 17 of chapter 57 of the 1992 statutes.

166. From 20 December 2001, any reference to the Public Health Protection Act (chapter P-35) in any provision of an Act which has not been expressly amended by the provisions of this division shall be read as a reference to the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation and the disposal of human bodies (chapter L-0.2), except in the case of section 17 of chapter 57 of the statutes of 1992. 2001, c. 60, s. 166; 2002, c. 69, s. 161.

Section 166Verify source

§ 167Section 167Provision

Source excerpt

In French-language Acts and regulations, two public-body terms are replaced with updated spellings.

167. In the French text of any Act or regulation, “directeur de la santé publique” is replaced by “directeur de santé publique”, and “direction de la santé publique” is replaced by “direction de santé publique”. 2001, c. 60, s. 167.

Section 167Verify source

§ 168Section 168Provision

Source excerpt

Existing population health surveillance systems must be maintained as they are, even if they do not match the new Act; any changes must comply with the Act.

168. The systems of ongoing surveillance of the health status of the population already established by the Minister, public health departments or the Institut national de santé publique du Québec on 19 April 2002 shall be maintained as they now exist, even where they do not comply with one or several provisions of the new Act, but any modification that may be made to those systems must be made in conformity with the provisions of this Act. 2001, c. 60, s. 168.

Section 168Verify source

§ 169Section 169Provision

Source excerpt

The current form and procedures for certain data-gathering and data-analysis systems are kept in place until changed by a Minister’s regulation, except for marriage, divorce, and annulment data, where transmission to the Minister stops when sections 44 and 151 come into force.

169. The current form and procedures relating to the systems for gathering and analyzing data established under subparagraphs d and e of the first paragraph of section 2 of the Public Health Protection Act (chapter P-35) are maintained until they are modified, replaced or eliminated by a regulation of the Minister made under the provisions of this Act, except as regards data concerning marriages, divorces and annulments of marriage in respect of which transmission to the Minister shall cease upon the coming into force of sections 44 and 151. 2001, c. 60, s. 169.

Section 169Verify source

§ 170Section 170Provision

Source excerpt

Until the Minister makes a regulation under section 57, the optimum fluoride concentration in fluoridated drinking water is fixed at 1.2 milligrams per litre.

170. Until the Minister makes a regulation under section 57 of this Act, the optimum concentration of fluoride in fluoridated drinking water is fixed at 1.2 milligrams per litre of water. 2001, c. 60, s. 170.

Section 170Verify source

§ 171Section 171Repeal

Source excerpt

Most provisions of the named regulation stay in force until replaced or repealed, with specific exceptions.

171. All the provisions of the Regulation respecting the application of the Public Health Protection Act (R.R.Q., 1981, chapter P-35, r.1) that concern matters to which this Act applies remain in force until replaced or repealed by a regulation made under this Act, but with the following exceptions: (1) sections 16 and 17 of the regulation and the Return of Marriage form provided in Schedule 2 to the regulation are repealed; (2) sexually transmitted diseases which, according to the existing regulation, must be declared on one of the forms reproduced in Schedules 12 and 13 of the regulation shall continue to be so declared until those forms are specifically repealed or replaced by a new regulation made by the Minister; (3) venereal diseases, even if they must continue to be reported, are no longer subject to compulsory treatment. 2001, c. 60, s. 171.

Section 171Verify source

§ 172Section 172Provision

Source excerpt

Until certain provisions come into force, each regional board must manage the public health program set by the Minister and carry out related planning and resource allocation; it may also entrust related activities to chosen institutions within specified plan and ministerial-orientation limits.

172. Until the provisions of paragraphs 3 and 4 of section 371 of the Act respecting health services and social services (chapter S-4.2), enacted by section 163, come into force, each regional board shall manage the public health program determined by the Minister and, for that purpose, establish priorities, organize services and allocate resources. The regional board may also, within the scope of its regional service organization plans and in conformity with the orientations of the Minister, entrust activities relating to the public health program to the institutions it determines. 2001, c. 60, s. 172.

Section 172Verify source

§ 173Section 173Provision

Source excerpt

Certain motions and pending proceedings must continue under the corresponding provisions of this Act.

173. The motions introduced under sections 13 and following of the Public Health Protection Act (chapter P-35) up to the date of coming into force of the corresponding provisions of this Act shall be continued pursuant to the latter provisions. The same applies to proceedings pending before the Administrative Tribunal of Québec under section 16.7 of the Public Health Protection Act. 2001, c. 60, s. 173.

Section 173Verify source

§ 174Section 174Provision

Source excerpt

Certain vaccination information must be released to the operations manager of the vaccination registry for registration, subject to the Minister’s prescribed conditions and manner.

174. The information listed in section 64 on any vaccination received by a person before 15 April 2013 is released to the operations manager of the vaccination registry for registration, under the conditions and in the manner prescribed by the Minister, if available and if (1) held by an institution, a public health director, the Institut national de santé publique du Québec or the Minister; or (2) brought to the attention of a health professional and validated by the latter or by another health professional. 2001, c. 60, s. 174; 2012, c. 23, s. 159.

Section 174Verify source

§ 175Section 175Amendment

Source excerpt

In certain contexts, references to the Public Health Protection Act are to be read as references to this Act, with necessary modifications.

175. In any regulation not specifically amended by this Act or in any directive or other document, a reference to the Public Health Protection Act (chapter P-35) shall be construed as a reference to the provisions of this Act if the context relates to a matter to which this Act applies, with the necessary modifications. 2001, c. 60, s. 175.

Section 175Verify source

§ 176Section 176Provision

Source excerpt

The Minister of Health and Social Services is responsible for administering this Act.

176. The Minister of Health and Social Services is responsible for the administration of this Act. 2001, c. 60, s. 176.

Section 176Verify source

§ 177Section 177Provision

Source excerpt

177. (Omitted). 2001, c. 60, s. 177.

Section 177Verify source

§ —ScheduleRepeal

Source excerpt

This schedule repeals chapter 60 of the statutes of 2001, except sections 165 and 177, and also repeals specified sections of that chapter for the 1 April 2003 version.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 60 of the statutes of 2001, in force on 1 April 2002, is repealed, except sections 165 and 177, effective from the coming into force of chapter S-2.2 of the Revised Statutes. In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 60, 69 to 95, 97, 136 to 138, 143 to 148, 150 to 164 and 167 to 176 of chapter 60 of the statutes of 2001, in force on 1 April 2003, are repealed effective from the coming into force of the updating to 1 April 2003 of chapter S-2.2 of the Revised Statutes.

ScheduleVerify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Division II of Chapter IV of Title I of the Environment Quality Act
Section 130.2

G–M

1 instrument

Health and Social Services is responsible for administering this Act
Section 176

N–S

4 instruments

Public Health Protection Act
Sections 169, 173
Regulation respecting the application of the Public Health Protection Act
Section 171
Revised Statutes. In accordance with section 9 of the Act
Section Schedule
State. 6. This Act
Section 6

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Public Health Act, 2001

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