Alberta Record

· Bill / Public health authority centralization · enacted

Bill 6 — Public Health Amendment Act, 2023

Amends the Public Health Act to centralize decision-making authority during public health emergencies, granting the Lieutenant Governor in Council broad powers to issue and override orders, while restricting the powers of medical officers…

High impactCentralization of powerInstitutional independenceHealth system governanceHealth-care bodiesThe public, directly

What changed

  • During a declared public health emergency, medical officers of health (MOHs) are restricted to issuing orders only for specific persons or places, not for classes of persons.
  • The Lieutenant Governor in Council (LGIC) gains the authority to issue orders for all persons or classes of persons during a public health emergency.
  • The LGIC may reverse or vary any order issued by an MOH related to a public health emergency.
  • The LGIC is granted a general power to reverse or vary any decision made by any decision-maker under the Public Health Act.

Why it matters

  • Shifts significant public health decision-making authority from medical officers of health to the provincial cabinet (LGIC) during emergencies.
  • Reduces the independent discretion of medical officers of health to issue broad public health orders during declared emergencies.
  • Establishes a mechanism for the executive branch to directly intervene in and override public health decisions made by health officials.
  • Centralizes control over public health responses, potentially impacting the autonomy of health professionals in managing crises.

Other governance concerns

  • Reduced independence of public health officials
  • Centralization of emergency powers
  • Potential for political override of health expertise

Primary sources (1)