Public Health Act Guidance Note
DRAFT November 3, 2014
Reporting of Infections, Exposures and
Health Hazards
Note: This guidance note is to provide general orientation to the Public Health Act
(PHA) and related legislation for public health officials who are responsible for
implementing the PHA and others affected by the PHA. This guidance note is not legal
advice and individuals should consult with their legal counsel in determining whether or
to what extent the PHA may apply to a particular circumstance. If there is a conflict
between the guidance note and the PHA, its regulations or related legislation, this
guidance note is superseded by the latter authorities to the extent of any conflict.
Purpose: To provide guidance to those required to report and receive such reports about
infectious diseases, exposures and health hazards.
Background: Requiring the reporting of infectious diseases, exposures, and health
hazards is important to support monitoring issues of public health concern, and to trigger
public health interventions to prevent disease or other adverse consequences. The PHA
outlines the purposes for collection, use and disclosure; provides the authority to require
reporting while protecting privacy and confidentiality; and contains provision for
information gathering and reporting in emergencies.
Subject Legislation:
 PHA sections 1, 9-14, 91-95
 Public Health Act Transition Regulation (PHATR) sections 2, 3, and 15
(attached).
 Health Act Communicable Disease Regulation (CD Regulation) sections 1-6,
Schedules A and B.
Issues, Guidance, Questions and Answers:
1. Reporting infections or exposure
 The PHA continues the previous requirements that health professionals,
laboratory directors, and hospital administrators report infectious diseases
to MHOs, as identified in the scheduled lists of reportable communicable
diseases, and that MHOs report this information to the PHO.
 Information required to be reported is outlined in the PHA, as well as in
the CD Regulation
 Others may be prescribed by regulation to report, but no such prescriptions
have been made.
2. Privacy and Confidentiality
 The Freedom of Information and Protection of Privacy Act for public
bodies or the Personal Information Protection Act for organizations
continue to apply in concert with PHA and regulations.
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Public Health Act Guidance Note
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DRAFT November 3, 2014
The PHA does not “over ride” these statutes except where specifically
indicated or potentially in emergency situations.
The purposes for collection, use, and disclosure of information are found
in PHA s. 9.
Section 91 and CD Regulation s. 6.1-6.3 contain additional confidentiality,
use, and disclosure provisions.
3. Reporting health hazards
 Health hazards must be prescribed by regulation to be reportable.
 The PHATR s. 15 prescribes that toxic spills must be reported to the
medical health officer.
4. Reporting for other public health purposes
 While PHA s. 12 anticipates that other public health issues may be
prescribed as reportable, no such regulations have been developed.
5. Mandatory sampling and reporting
 Medical health officers may require that tests be done and reports made to
assist in their public health functions under PHA s. 13
6. Requesting and disclosing information
 PHA s. 14 allows for the development of regulations to further support
public health information collection, use, and disclosure according to the
purposes outlined in s. 9.
 No such regulations have been developed.
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Public Health Act Guidance Note
DRAFT November 3, 2014
Legislation excerpts:
Public Health Act Transition Regulation Excerpts
Health Act regulations apply
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A regulation made under the Health Act continues to apply for the purposes of the Act,
subject to any modifications, express or implied, made to it by the Act or this
regulation.
P ART 2 – D ISEASE
Infectious agents
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(1) For the purposes of applying the Health Act Communicable Disease Regulation,
B.C. Reg. 4/83, to the Act,
(a) except in section 18 of the regulation “communicable disease” and
“infectious agent” have the same meaning as in the Act,
(b) all provisions of that regulation also apply to the communicable diseases
(i) chancroid,
(ii) granuloma inguinale, and
(iii) lymphogranuloma venereum
as if those communicable diseases had been prescribed as reportable
communicable diseases under Schedule A of that regulation, and
(c) all provisions of that regulation apply to the organisms
(i) Haemophilus ducreyi, and
(ii) Klebsiella granulomatis
as if those organisms had been prescribed as reportable communicable
diseases under Schedule B of that regulation.
(2) The following are prescribed as infectious agents for the purposes of all sections of
the Act, except section 17, that refer to an infectious agent or an infected person:
(a) a reportable communicable disease within the meaning of the Health Act
Communicable Disease Regulation, B.C. Reg. 4/83;
(b) a communicable disease listed in subsection (1) (b) or (c).
Reporting of toxic spills
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In addition to satisfying the requirements of the Environmental Management Act, a
person who causes or permits the discharge into the land, water or air of a substance
that is a health hazard must
(a) promptly notify a medical health officer in writing of the matters set out in
section 11 of the Act, as well as the time, duration and quantity of the
discharge of the substance, and
(b) take immediate action to prevent and cease the discharge.
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