Part 3 — Communicable Diseases and Public Health Emergencies
29 Isolation, Quarantine and Special Measures Isolation and quarantine
suspect the existence of a communicable disease or a public health
emergency in an area of Alberta over which the medical officer of
health has jurisdiction may initiate an investigation to determine
whether any action is necessary to protect the public health.
(2) Where the investigation confirms the presence of a
communicable disease, the medical officer of health
(a) shall carry out the measures that the medical officer of
health is required by this Act and the regulations to carry
out, and
(b) may do any or all of the following:
(i) take whatever steps th e medical officer of health
considers necessary
(A) to suppress the disease in those who may already
have been infected with it,
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(B) to protect those who have not already been exposed
to the disease,
(C) to break the chain of transmission and prevent spread
of the disease, and
(D) to remove the source of infection;
(ii) where the medical officer of health determines that a
person or class of persons engaging in the following
activities could transmit an infectious agent, prohibit the
person or class of persons from engaging in the activity
by order, for any period and subject to any conditions
that the medical officer of health considers appropriate:
(A) attending a school;
(B) engaging in the occupation of the person or the class
of persons, subject to subsection (2.01);
(C) having contact with any persons or any class of
persons;
(iii) issue written orders for the decontamination or
destruction of any bedding, clothing or other articles that
have been contaminated or that the medical officer of
health reasonably suspects have been contaminated.
(2.01) An order made under subsection (2)(b)(ii)(B) does not
prevent a person who is subject to the order from engaging in the
person's occupation if the person is able to do so without attending
any location, having any contact or engaging in any activity that
could transmit an infectious agent.
(2.1) Where the investigation confirms the existence of a public
health emergency, the medical officer of health
(a) has all the same powers and duties in respect of the public
health emergency as he or she has under subsection (2) in
the case of a communicable disease, and
(b) may take whatever other step s are, in the medical officer of
health's opinion, necessary in order to lessen the impact of
the public health emergency.
(2.11) Where a state of public health emergency has been declared
under section 52.1 and the Lieutenant Governor in Council has
acted under subsection (2.12),
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(a) any orders issued by a medical officer of health under
subsection (2.1) may only be respecting a specific person or
persons or specific public place related to the nature of the
public health emergency, and
(b) a medical officer of h ealth must cease acting under
subsection (2.1) with respect to classes of persons in respect
of a declared state of public health emergency under section
52.1.
(2.12) Notwithstanding subsection (2.1), where a state of public
health emergency has been declared under section 52.1, the
Lieutenant Governor in Council, taking into account any advice of
the Chief Medical Officer, may, in respect of all persons or a class
of persons, including a class of individuals, bodies corporate,
associations, non-profit or for-profit organizations,
(a) take whatever steps are necessary in order to lessen the
impact of the public health emergency,
(b) do anything referred to in subsection (2)(b), and
(c) by order reverse or vary any order issued by a medical
officer of health under subsection (2.1) related to the public
health emergency whether that order was issued before or
during the declared state of public health emergency under
section 52.1.
(2.13) The Lieutenant Governor in Council may in writing exempt
a person or class of persons from the application of an order made
under subsection (2.12).
(2.14) Where an order under subsection (2.12) or an exemption
under subsection (2.13) is not made in respect of a specific person
or persons, the Lieutenant Governor in Council shall provide a
copy of the order or exemption to the Minister as soon as is
reasonably possible.
(2.15) An order made under subsection (2.12) or an exemption
made under subsection (2.13) may incorporate, adopt or declare in
force a code, standard, guideline, schedule or body of rules as
amended or replaced from time to time, including a code, standard,
guideline, schedule or body of rules developed by the Minister or
the Chief Medical Officer, that relates to the order or exemption.
(2.2) Subject to subsection (2.21), a medical officer of health or
the Chief Medical Officer may in writing exempt a person or class
of persons from the application of an order made under subsection
(2) or (2.1) by that medical officer of health.
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(2.21) During a declared state of public health emergency under
section 52.1, a medical officer of health or the Chief Medical
Officer may exempt only a specific person or persons from an
order of the medical officer of health or the Chief Medical Officer
made under subsection (2.1).
(2.3) Where an order under subsection (2) or (2.1) or an exemption
under subsection (2.2) is not made in respect of a specific person or
persons, the medical officer of health who makes the order or
exemption, or the Chief Medical Officer if the Chief Medical
Officer makes the exemption, shall provide a copy of the order or
exemption to the Minister as soon as is reasonably possible.
(3) A medical officer of health shall forthwith notify the Chief
Medical Officer of any action taken under subsection (2)(b) or of
the existence of a public health emergency.
(3.1) On being notified of the existence of a public health
emergency under subsection (3) the Chief Medical Officer shall
forthwith notify the Minister.
(4) The jurisdiction of a medical officer of health extends to any
person or animal, whether or not the person resides or the animal is
located in an area of Alberta over which the medical officer of
health has jurisdiction,
(a) who is known or suspected by a medical officer of health
(i) to be infected with a communicable disease, illness or
health condition,
(ii) to be a carrier,
(iii) to have been in contact w ith an infected person or animal
or a contaminated environment to a sufficient degree to
have had the opportunity to become infected with a
communicable disease, illness or health condition,
(iv) to be susceptible to an d at risk of contact with a
communicable disease, illness or health condition, or
(v) to be exposed to a chemical agent or radioactive
material,
or
(b) who has been determined by the Chief Medical Officer to be
at risk of infection with a communicable disease, illness or
health condition.
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(5) An order made under subsection (2) or (2.1) or an exemption
made under subsection (2.2) may incorporate, adopt or declare in
force a code, standard, guideline, schedule or body of rules as
amended or replaced from time to time, including a code, standard,
guideline, schedule or body of rules developed by the Minister or
the Chief Medical Officer, that relates to the order or exemption.
(6) The Regulations Act does not apply to an order made under
subsection (2), (2.1), (2.11) or (2.12) or an exemption made under
subsection (2.13), (2.2) or (2.21) or to a code, standard, guideline,
schedule or body of rules that the order or exemption incorporates,
adopts or declares in force.
(7) If an order under subsection (2), (2.1), (2.11) or (2.12) or an
exemption under subsection (2.13), (2.2) or (2.21) is not made in
respect of a specific person or persons, the Minister shall
(a) post the order or exemption on line as soon as is reasonably
possible after the order or exemption is made, and
(b) ensure that any code, standa rd, guideline, schedule or body
of rules that is incorporated, adopted or declared in force by
the order or exemption is readily available to the public.
RSA 2000 cP-37 s29;2002 c32 s12;2021 c15 s9;2023 c11 s2;
2025 c10 s47(14)