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(Consolidated up to 239/2018)


Public Health Act



1   In this Regulation,

                                 (a)    “Act” means the Public Health Act;

                                 (b)    “affected person” means a person

                                           (i)    who is required to do something, or

                                          (ii)    whose personal or real property is acquired, used or entered as a result of the exercise of an emergency power;

                                 (c)    “emergency power” means a power authorized under section 52.6(1) of the Act.

Exercise of powers

2   In exercising an emergency power, the Minister or regional health authority is subject to this Regulation.

Exercise of emergency power

3(1)  If an emergency power is exercised, the person exercising the emergency power shall provide or make available the following information in accordance with subsection (2):

                                 (a)    the nature of the public emergency;

                                 (b)    the nature of the emergency power being exercised;

                                 (c)    the person or class of persons to whom it is directed;

                                 (d)    the time period during which it is in effect;

                                 (e)    the issuer’s contact information;

                                 (f)    if applicable, that compensation may be available under section 52.7 of the Act;

                                 (g)    any other matter required by the Minister.

(2)  The information shall be provided or made available, subject to any directions of the Minister, in the manner the person exercising the emergency power considers will likely make the information known to an affected person or, in the case of a class of affected persons, the majority of affected persons.

(3)  If reasonably practicable, the information shall be provided at the time of the exercise of the emergency power and in writing.


4   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 1, 2024.

AR 187/2009 s4;239/2018