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Health Hazards Regulations made under Sections 74 and 106 of the
Health Protection Act
S.N.S. 2004, c. 4
O.I.C. 2005-457 (October 14, 2005, effective November 1, 2005), N.S. Reg. 198/2005
1 These regulations may be cited as the Health Hazards Regulations.
2 In these regulations,
(a) "Act" means the Health Protection Act;
(b) "health hazard" includes a potential health hazard;
(c) "management plan" means a plan determined or developed by a medical officer to prevent, remedy or mitigate a health hazard and to identify or remove the source of the health hazard;
(d) "risk assessment" means a risk assessment carried out under Section 18 of the Act with respect to a health hazard.
Medical officer may require report in writing
3 A medical officer may require a person reporting the belief of the existence of a health hazard to provide the report in writing.
Medical officer may require person to give information
4 A medical officer who believes that a person has engaged or is engaging in an activity that may result in a health hazard may instruct the person in writing to provide the medical officer with any information respecting the activity and what actions the person is taking or has taken to ensure that a health hazard does not occur.
Medical officer must investigate report
5 (1) A medical officer must investigate every report of a health hazard to determine whether a health hazard exists.
(2) In determining whether a matter is a health hazard, a medical officer must consider
(a) the number of people that are or may be affected by the matter;
(b) the nature and seriousness of any public health risk that could arise from the matter; and
(c) any precautions that the person responsible for the matter is taking or has taken to avoid or minimize any adverse effect or potential adverse effect of the matter,
and any additional factors that the medical officer considers relevant.
Notification when no health hazard exists
6 If a medical officer reasonably believes that a reported health hazard does not exist, the medical officer must
(a) notify the reporting person of the medical officer’s determination; and
(b) inform the reporting person of other options that are available to them to deal with the matter.
7 (1) If a medical officer reasonably believes that a reported health hazard exists, the medical officer may conduct a risk assessment under subsection 18(1) of the Act.
(2) A risk assessment may include
(a) an identification of the level of exposure to the health hazard that is likely to cause an adverse affect;
(b) an estimate of the risk to the public of exposure to the health hazard, having consideration for magnitude, duration and frequency of exposure;
(c) the number of people that are or may be affected by the health hazard; and
(d) the degree to which exposure to the health hazard would affect the public health.
Medical officer must communicate results of risk assessment
8 On completing a risk assessment, a medical officer must establish a communication process to inform the affected individuals or community of
(a) the outcome of the risk assessment; and
(b) if a risk is determined to exist, strategies for managing the risk.
Medical officer must determine or develop management plan
9 (1) If a medical officer reasonably believes that a reported health hazard exists, the medical officer must determine or develop a management plan for the health hazard.
(2) A management plan must be determined or developed in accordance with procedures or guidelines approved by the Chief Medical Officer or agreements entered into under clause 6(2)(c) of the Act.
(3) A medical officer may determine or develop a management plan without first having conducted a risk assessment.
Medical officer must provide management plan
10 (1) In this Section, "premises" means a location at which a health hazard is determined by a medical officer to exist.
(2) On determining or developing a management plan for a health hazard, a medical officer must provide the management plan to a person who
(a) owns or occupies the premises; or
(b) is or appears to be responsible for any
(i) condition of the premises,
(ii) substance, thing, plant, animal or organism other than a human on the premises,
(iii) solid, liquid or gas on or emanating from the premises,
(iv) radiation, noise, vibration or heat on or emanating from premises, or
(v) activity in or on the premises.
Person subject to order on failure to follow management plan
11 A person who fails to manage, remedy, mitigate or remove a health hazard in accordance with a management plan provided under subsection 10(2) is subject to any order that a medical officer may make under Section 20 of the Act.
Medical officer may notify other responsible government departments
12 (1) If responsibility for a health hazard is assigned to any government department or agency other than the Department of Health and Wellness, a medical officer may advise a person reporting the health hazard to notify the appropriate authority, and may also notify the other department or agency directly about the health hazard if the medical officer considers it advisable to do so.
[Note: The reference to the Department of Health has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]
(2) At the request of a government department or agency that is responsible for a health hazard, a medical officer may advise or consult with the department or agency about the health hazard.
13 (1) A person must not interfere with or obstruct a medical officer or their delegate in displaying or requiring the display of signage on a premises in accordance with an order made under clause 21(2)(c) or 24(4)(a) of the Act.
(2) A person must not remove, conceal or mutilate signage without authority from a medical officer.
(3) If signage is removed, concealed or mutilated without authority from a medical officer, the occupant or owner of the premises where the signage was displayed must notify a medical officer without delay.