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22 Cards in this Set

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What is the duty to inspect?
Section 10:
Every medical officer of health shall inspect or cause the inspection of the health unit served by him or her for the purpose of preventing, eliminating and decreasing the effects of health hazards in the health unit.

(2) The duty of every medical officer of health under subsection (1) includes, but is not limited to, the duty to inspect or cause the inspection of the following:

1. Food premises and any food and equipment thereon or therein.

2. Premises used or intended for use as a boarding house or lodging house. R.S.O. 1990, c. H.7, s. 10 (2).
What is the purpose of the inspection?
for the purpose of preventing, eliminating and decreasing the effects of health hazards in the health unit.
What is the complaint is occupational or environmental in nature?
the medical officer of health shall notify the ministry of the Government of Ontario that has primary responsibility in the matter and, in consultation with the ministry, the medical officer of health shall investigate the complaint to determine whether the health hazard exists or does not exist.
Under what conditions can a Health Inspector make an order?
that a health hazard exists in the health unit served by him or her; and

(b) that the requirements specified in the order are necessary in order to decrease the effect of or to eliminate the health hazard.
Give 9 things that the order can enforce.
(a) requiring the vacating of premises;

(b) requiring the owner or occupier of premises to close the premises or a specific part of the premises;

(c) requiring the placarding of premises to give notice of an order requiring the closing of the premises;

(d) requiring the doing of work specified in the order in, on or about premises specified in the order;

(e) requiring the removal of anything that the order states is a health hazard from the premises or the environs of the premises specified in the order;

(f) requiring the cleaning or disinfecting, or both, of the premises or the thing specified in the order;

(g) requiring the destruction of the matter or thing specified in the order;

(h) prohibiting or regulating the manufacturing, processing, preparation, storage, handling, display, transportation, sale, offering for sale or distribution of any food or thing;

(i) prohibiting or regulating the use of any premises or thing.
When is an order effective?
An order under this section is not effective unless the reasons for the order are set out in the order.
When would you issue an oral order?
Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the hazard to the health of any person, the medical officer of health or the public health inspector may make the order orally and subsection (6) does not apply to the order (doesn't have to give a reason).
Under what conditions can a Health Inspector seize an item?
If determined to be a health hazard
How long can the Health Inspector keep the seized item?
As long as necessary to determine if it is a health hazard.
Which section of the HPPA allows the PHI to destroy a food item?
Sect: 19
Can a food premises be closed if a communicable disease is found?
Yes Sect 20
What legislation is used to gain access to a premises and under what conditions?
Sect 41 HPPA

1. The purpose of this Act.

2. The enforcement of any section of this Act or the regulations.

3. The exercise of a power or the carrying out of a duty under this Act or the regulations.

4. The carrying out of a direction given under this Act.
Under what conditions can a person enter a private residence?
Consent of the owner or a warrant.
Under what conditions does a health inspector require a warrant?
(a) denies entry or access
(b) instructs a person mentioned in subsection (1) to leave the premises;

(c) obstructs a person mentioned in subsection (1) who is acting for a purpose mentioned in subsection (2);

(d) refuses to comply with a request for the production of any thing or any plant or animal the production of which is requested for the purpose of an examination, investigation, test or inquiry or for a purpose mentioned in subsection
Can a food premises be closed if a communicable disease is found?
Yes Sect 20
What legislation is used to gain access to a premises and under what conditions?
HPPA

1. The purpose of this Act.

2. The enforcement of any section of this Act or the regulations.

3. The exercise of a power or the carrying out of a duty under this Act or the regulations.

4. The carrying out of a direction given under this Act.
Under what conditions can a person enter a private residence?
Consent of the owner or a warrant.
Under what conditions does a health inspector require a warrant?
(a) denies entry or access
(b) instructs a person mentioned in subsection (1) to leave the premises;

(c) obstructs a person mentioned in subsection (1) who is acting for a purpose mentioned in subsection (2);

(d) refuses to comply with a request for the production of any thing or any plant or animal the production of which is requested for the purpose of an examination, investigation, test or inquiry or for a purpose mentioned in subsection
Can a food premises be closed if a communicable disease is found?
Yes Sect 20
What legislation is used to gain access to a premises and under what conditions?
HPPA

1. The purpose of this Act.

2. The enforcement of any section of this Act or the regulations.

3. The exercise of a power or the carrying out of a duty under this Act or the regulations.

4. The carrying out of a direction given under this Act.
Under what conditions can a person enter a private residence?
Consent of the owner or a warrant.
Under what conditions does a health inspector require a warrant?
(a) denies entry or access
(b) instructs a person mentioned in subsection (1) to leave the premises;

(c) obstructs a person mentioned in subsection (1) who is acting for a purpose mentioned in subsection (2);

(d) refuses to comply with a request for the production of any thing or any plant or animal the production of which is requested for the purpose of an examination, investigation, test or inquiry or for a purpose mentioned in subsection