Public Health Act, Sections 35 And 36

Public Health Act, S.B.C. 2008, c. 28

Section 35

The Act authorizes a health officer to issue an order under s. 33(1)(c) of the Act in relation to a health hazard or a contravention of the Act, the regulations, or a term or condition of a licence or permit. If a person fails to comply with the order, the health officer or a health authority may carry out the required work and recover reasonable costs from the person who was the subject of the original order.

• Procedure for Enforcement: The health officer or health authority may file a certificate, in the Supreme Court, in the prescribed form setting out the details of the original order, the amount owing, the name of the party who was the subject of the original order, and the date the costs were incurred.
• Effect of Filing: The certificate, once filed, has the same effect as it if were a judgment of the Supreme Court for the recovery of debt.

Section 36

• Nature of Instrument: Notice of an order in respect of land affected by a health hazard.
• Filed by or in Favour of: The health officer under the Public Health Act.
• Registrar’s Requirements: The notice may be in letter form but it must be signed by a health officer, contain a description of the land, and include a statement that (i) the order has been issued under Public Health Act, and (ii) any person acquiring an interest in the land before the order ceases to have effect is subject to the order.
• Effect of Filing: While the order is in effect, it continues and is binding on all persons who acquire an interest in the land subject to the order.
• Electronic Submissions: On the Form 17 Charge, Notation or Filing, select Nature of Interest, Public Health Act Notice, and attach an image of the originally signed Public Health Act Notice.