Response to Propose Amendment of Section 22 of the Health Protection & Promotion Act (Motion #07-25)

Board of Health for Public Health Sudbury & Districts, January 16, 2025

Motion moved by Anderson – Carrier:

07-25 RESPONSE TO PROPOSE AMENDMENT OF SECTION 22 OF THE HEALTH PROTECTION & PROMOTION ACT

MOTION:

WHEREAS Class Orders under Section 22 of the Health Protection & Promotion Act were created in 2003 in the wake of the first wave of SARS to better equip local public health to respond to time-sensitive and severe public health emergencies;

WHEREAS Class Orders were used in novel ways during the COVID-19 pandemic response, ways that were much broader in scope than likely intended in 2003;

WHEREAS additional checks and balances on Class Orders are reasonable give the novel use of these orders to ensure they do not inappropriately impact public freedoms;

WHEREAS Bill 231, More Convenient Care Act, 2024 proposes an amendment to the Health Protection & Promotion Act that would require provincial review and approval for any Class Order;

WHEREAS seeking provincial review and approval would create significant time delays with issuing Class Orders contrary to the need identified during the SARS response;

WHEREAS provincial review and approval of a local medical officer of health’s actions to deal with local outbreaks and local health risks would represent an unusual infringement on local autonomy and independence in dealing with local concerns;

WHEREAS there are many recommendations that have arisen around improving the use of Section 22 orders dating back to SARS, many of which have not been implemented;

THEREFORE BE IT RESOLVED THAT the Board of Health recommends that the Legislative Assembly of Ontario that amending section 22 of the Health Protection & Promotion Act warrants more careful study, and that a dedicated task force to review this provision is recommended prior to any amendments; Health Protection & Promotion Act;

AND THAT the Board of Health recommends that any amendment of Section 22 Class Orders should distinguish between the original use of Class Orders which were narrowly targeted to small groups concerning time-sensitive risk of a local nature, and the novel use of Class Orders which area applied across an entire health unit on a risk diffuse throughout the province.

CARRIED

This item was last modified on January 21, 2025