Health Protection Act Introduced

Nova Scotians will have more protection against communicable diseases and known health hazards as well as new and emerging public health threats under legislation introduced today, Oct. 23, by Health Minister Angus MacIsaac.

The proposed Health Protection Act will provide the legal framework for public health officials to protect the public and to prevent, detect, manage and contain health threats without unduly interfering with civil rights and liberties.

"In the face of new and highly contagious diseases such as SARS, the current legislation is no longer adequate," said Mr. MacIsaac. "Now, more than ever, we need to know that the people protecting us have the legislative tools they need to manage and contain whatever Mother Nature throws our way."

Mr. MacIsaac said the bill gives the province's medical officers of health the appropriate powers needed to deal with known and unknown public health threats. The bill also reinforces graduated response and due process to ensure that the rights of Nova Scotians are protected as much as reasonably possible.

"We commend the Department for Health for moving forward with legislation to better protect the health and safety of the general public and health-care workers," said Carolyn Moore, executive director of the College of Registered Nurses of Nova Scotia. "This act is more responsive to current and future public health priorities, and should enable the province's public health professionals, including public health nurses, to better deal with outbreaks or other public health threats."

"The new act will allow us to protect public health in a balanced and contemporary way. It puts us in a much better position to respond to public health threats for the good of all Nova Scotians," said Dr. Maureen Baikie, associate provincial medical officer of health.

The bill gives the minister of Health the authority to declare a public health emergency in cases where the Emergency Measures Act is not needed but where there is a serious and imminent threat to health. In such circumstances, the minister would have additional power to set up isolation or quarantine facilities, control supplies of vaccines and medical supplies and use other similar measures to contain the spread of an illness.

The bill also allows the medical officer of health to temporarily detain a person with a highly communicable disease who is a risk to others and who will not comply with direction from the medical officer of health. A longer lasting solution will then need to be sought through a court order.

In addition to these changes, the bill consolidates existing legislation on food safety under the Health Protection Act. Enforcement of food safety regulations will continue to be the responsibility of the Department of Agriculture and Fisheries. Enforcement of water and environmental regulations will continue to be the responsibility of the Department of Environment and Labour.

The new Health Protection Act is consistent with some of the best public health legislation in the country.