Alberta Record

· Bill / New public body and surveillance powers · tabled

Bill 11 — New Public Health Investigator Role and Expanded Surveillance Powers

This bill creates a new class of 'public health investigators' with expanded powers to conduct investigations, including entering public and private places, and introduces administrative penalties for contraventions.

What changed

  • Establishes the role of 'public health investigator', designated by the Minister, with qualifications set by regulations (new Section 16.1).
  • Grants public health investigators powers to enter public places at reasonable hours for investigations, demand information, examine/copy documents, take samples, photographs, and recordings (new Section 60.01).
  • Authorizes public health investigators to enter private places with consent or a court order for investigations, with similar powers to gather information and evidence (new Section 60.02).
  • Allows public health investigators to apply to the Court of King's Bench for an order if an owner refuses access or hinders an investigation (new Section 61(1.1)).
  • Permits executive officers and public health investigators to disclose information to each other for enforcement purposes (new Section 61.1).
  • Authorizes public health investigators to issue administrative penalties for contraventions of the Act or regulations (new Section 72.1).

Why it matters

  • Creates a new public body/role with significant investigative and enforcement powers, expanding the state's capacity for surveillance and intervention in public and private spaces.
  • Raises concerns about civil liberties and privacy due to the broad powers of entry, information gathering, and the ability to impose administrative penalties.
  • Strengthens the enforcement regime within public health, potentially leading to more frequent and direct interventions.

Rights affected

  • PrivacyControl over personal information held by governments and institutions.

Other governance concerns

  • Expanded state surveillance powers
  • Potential for warrantless entry into private places (with consent or order)
  • New administrative penalty regime for public health contraventions

Primary sources (1)