ARCHIVED — Vol. 146, No. 21 — October 10, 2012

Registration

SOR/2012-201 September 28, 2012

DEPARTMENT OF HEALTH ACT

Regulations Amending the Potable Water Regulations for Common Carriers

P.C. 2012-1150 September 27, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 11(1) of the Department of Health Act (see footnote a), hereby makes the annexed Regulations Amending the Potable Water Regulations for Common Carriers.

REGULATIONS AMENDING THE POTABLE WATER REGULATIONS FOR COMMON CARRIERS

AMENDMENT

1. The definitions “Department” and “Minister” in section 2 of the Potable Water Regulations for Common Carriers (see footnote 1) are replaced by the following:

“Department” means the Department of Health or the Public Health Agency of Canada; (ministère)

“Minister” means the Minister of Health; (Ministre)

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

1. Background

Health Canada has a mandate under the Department of Health Act, section 4, to take measures relating to the promotion and preservation of the health of the people of Canada. Under paragraph 4(2)(e) the Minister’s powers, duties and functions include more particularly “the protection of public health on railways, ships, aircraft and all other methods of transportation, and their ancillary services.” To help achieve this, the Potable Water Regulations for Common Carriers (PWRCC) include requirements for water used onboard conveyances to be from potable sources and stored and handled in a clean and sanitary manner. Currently, officials within the Department of Health are designated as inspectors for the purpose of enforcing the PWRCC.

The Office of Quarantine Services in the Public Health Agency of Canada administers and enforces the Quarantine Act with respect to ill international travellers arriving in or departing from Canada. Health Canada’s Travelling Public Program also performs a function under the Quarantine Act, namely to reduce risks associated with conveyances and cargo, through the implementation of compliance inspection programs for both national and international conveyances and travel transportation facilities in Canada. Both the Office of Quarantine Services and the Travelling Public Program are operational in nature, centrally administrated, and regionally operated. A major focus of both programs is to work with partners at points of entry on preparing for emergency events (e.g. H1N1 or SARS) that pose a risk of significant harm to public health and together the two programs may provide additional surge capacity during response to a public health event.

Following the review of programs offered by both Health Canada and the Public Health Agency of Canada, it was decided that the Travelling Public Program from Health Canada, under which the PWRCC are managed, will be transferred to the Public Health Agency of Canada, including the employees who currently carry out potable water inspections on passenger conveyances within Health Canada’s Travelling Public Program. This amalgamation will contribute to improved efficiency and effectiveness of travel and border health services within the Health portfolio through organizational simplification and process optimization and will also assist the Public Health Agency of Canada in meeting its mandate of protecting the health of Canadians.

2. Issue

As a result of amalgamating the two programs, employees carrying out inspections within Health Canada’s Travelling Public Program will become employees of the Public Health Agency of Canada. Following the amalgamation, the Minister would need to designate officials, including future employees, of the amalgamated Program, so they are able to continue to carry out their duties under the PWRCC. Currently the PWRCC only refer to employees of Health Canada; therefore, the PWRCC need to be amended to reference the Public Health Agency of Canada.

3. Objectives

The objective of the Regulations Amending the Potable Water Regulations for Common Carriers (hereafter the Amendments) is to enable officials from the amalgamated program at the Public Health Agency of Canada to carry out their duties under the PWRCC once designated as inspectors by the Minister of Health.

4. Description

The Amendments make administrative modifications to section 2 of the PWRCC by replacing the definition for “Minister” with “means the Minister of Health” and the definition for “Department” with “means the Department of Health or the Public Health Agency of Canada.” These modifications enable officials within the amalgamated program at the Public Health Agency of Canada to carry out their duties under the PWRCC.

5. Consultation

The Amendments are administrative in nature; they are not expected to result in any impact on stakeholders. Thus, no stakeholder consultation was undertaken.

6. Small business lens

Given the administrative nature of the Amendments, they will not result in any impacts on businesses. As a consequence, no small business lens assessment is required.

7. Rationale

As a result of amalgamating the Office of Quarantine Services and the Travelling Public program, employees of the amalgamated program would need to be referred to by the PWRCC and designated as inspectors by the Minister of Health. To this end, administrative amendments are made to section 2 of the PWRCC. These Amendments enable officials from the Public Health Agency of Canada to carry out their duties under the PWRCC. Given their administrative nature, these Amendments do not have any impact on businesses or other stakeholders and are not expected to result in any issue or concern.

8. Implementation, enforcement and service standards

The Amendments do not result in any new or modified requirements and do not change the manner in which the PWRCC are enforced. Thus, developing an implementation plan, a compliance strategy or service standards is not required.

9. Contact

Kathleen Hedley
Director
Environmental Health Bureau
Safe Environments Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
Ottawa, Ontario
K1A 0K9
Telephone: 613-960-0846
Fax: 613-960-4540
Email: kathleen.hedley@hc-sc.gc.ca

Footnote a
S.C. 1996, c. 8

Footnote 1
C.R.C., c. 1105