Members,
As you may know, Bill 38, an act to amend the Public Health and Protection Act was presented on Tuesday in the House of Assembly.
Bill 38 amends the Public Health Protection and Promotion Act to:
- allow the Minister of Justice and Public Safety, upon the request of and following consultation with the Minister of Health and Community Services, to authorize peace officers to enforce measures taken by the Chief Medical Officer of Health under subsection 28(1) of the Act during a public health emergency, including the authority to detain individuals and to convey individuals to a point of entry in the province;
- clarify that the powers of inspectors apply to measures taken under the Act;
- allow inspectors to require an individual to stop a motor vehicle;
- include the Minister of Justice and Public Safety and peace officers in the protection of liability provision in the Act; and
- clarify that the protection of liability provision in the Act also applies in relation to measures taken under the Act or the regulations.
During debate, the Leader of the Official Opposition suggested in the House that the government to consider comments from the Canadian Bar Association on the amendments, of which the government agreed.
At this time, we are seeking feedback from the membership on the amendments to the Public Health and Protection Act. Please submit your feedback in writing to cba-nl@cba.org by May 11.
Pursuant to our legislation and law reform and submission guidelines, a submission will be considered if sufficient feedback is received.
We look forward to your input.