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 o

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)