Public Health Amendment Act, 2023

Summary#

• This bill changes who makes broad public health rules in Alberta during a declared public health emergency. It shifts most wide‑ranging decisions from health officials to the provincial cabinet (the Premier and ministers).

• It also gives cabinet the power to change or reverse decisions made under the Public Health Act, and updates how orders and exemptions are shared with the public.

• Key changes:

  • During a declared public health emergency, cabinet can set rules for all people or for groups (including businesses and organizations) to lessen the impact of the emergency.
  • Cabinet can change or cancel orders made by medical officers of health, including ones already in place.
  • Medical officers of health can still issue orders, but during an emergency their orders must target specific people or specific places, not broad groups.
  • Only cabinet can grant group‑wide exemptions from emergency orders; health officials can only exempt named individuals during an emergency.
  • Cabinet may, at any time, reverse or vary any decision made under the Public Health Act. Non‑confidential orders must be posted online.

What it means for you#

• Residents

  • In a health emergency, province‑wide rules (like gathering limits or school measures) would come from cabinet, not directly from the Chief Medical Officer of Health (the top public health doctor).
  • You could still receive a personal order from a health official if you are a specific case or linked to a specific place of concern.
  • Exemptions for groups (for example, a sector or association) would be decided by cabinet.

• Businesses, schools, and community groups

  • Cabinet could set or lift broad rules that affect operations, such as closures, capacity limits, or safety steps, during a declared emergency.
  • Cabinet could grant exemptions for certain sectors or organizations.
  • Decisions made under the Public Health Act that affect your operations could be changed by cabinet.

• Health professionals and local public health

  • During an emergency, medical officers focus on targeted orders for individuals or specific locations. They cannot issue broad, class‑wide orders once cabinet is acting.
  • Health officials can exempt named individuals from their orders during an emergency, but not entire groups.
  • Cabinet can change or cancel decisions made under the Act, including those by inspectors or medical officers.

• Transparency

  • Orders and exemptions that are not about named individuals must be provided to the Minister and posted online as soon as reasonably possible, so the public can see them.

Expenses#

No publicly available information.

Proponents' View#

• Elected officials should make major, society‑wide rules in emergencies, improving accountability to the public.
• Creates a clear chain of command and reduces confusion about who decides broad measures.
• Lets government balance health risks with social and economic impacts by allowing group‑wide orders and exemptions.
• Keeps health experts focused on case‑by‑case and location‑specific actions where their expertise is key.
• Requires public posting of non‑confidential orders, supporting transparency.

Opponents' View#

• Reduces the independence of health experts and limits their ability to act quickly for groups during fast‑moving outbreaks.
• Centralizes power in cabinet and may inject politics into health decisions.
• The broad new power to reverse any decision under the Act could undermine consistent enforcement and public trust.
• Group‑wide exemptions decided by cabinet could lead to unequal treatment across sectors.
• Requiring cabinet action for broad measures may slow the response in an emergency.