Alberta Record

· Order in Council / Public Health Authority Transfer · in-force

Oic 2025 226 public health authority transfer

OIC 226/2025 amends multiple public health regulations, including Food, Public Swimming Pools, and Work Camps, to transfer various regulatory and administrative authorities from regional health authorities to the Minister of Primary and Pr…

High impactHealth system governanceCentralization of powerHealth-care bodiesThe public, directly

What changed

  • Proclaims section 105(a), (b)(i) to (iv), (c)(i)(A) and (iii), and (d) to (f) of the Health Statutes Amendment Act, 2020 (No. 2) into force.
  • Establishes February 2, 2026, as the effective date for these specific legislative amendments.
  • The Lieutenant Governor in Council issued a proclamation under the authority of the Health Statutes Amendment Act, 2025 (section 59).
  • This proclamation brings into force specific subsections of section 47 of the Health Statutes Amendment Act, 2025.
  • The effective date for these newly proclaimed sections is July 1, 2025.
  • The heading preceding section 20 of the Health Professions Restricted Activity Regulation is amended to include 'Health Care Aides' alongside 'Licensed Practical Nurses'.
  • A new section 23.1 is added, titled 'Restricted activities for health care aides with supervision'.
  • Regulated health care aides are authorized to perform two specific restricted activities: inserting or removing instruments, devices, fingers, or hands beyond the labia majora or anal verge.
  • These newly authorized activities for health care aides must be performed under the supervision of an 'authorized practitioner'.
  • Existing sections (20, 21, 22, 23) are amended to clarify references to licensed practical nursing activities, distinguishing them from health care aide activities.
  • Section 1(a) of the Emergency Powers Regulation (AR 187/2009) is repealed.
  • Section 2 of the Emergency Powers Regulation is amended by striking out 'or regional health authority' and substituting ', provincial health agency or provincial health corporation'.
  • The scope of health entities subject to emergency powers under the Public Health Act is expanded beyond regional health authorities to include provincial health agencies and corporations.
  • The Communicable Diseases Regulation (AR 238/85) is amended to replace references to 'regional health authority' with 'provincial health agency or provincial health corporation' in several sections.
  • Section 2.1(1) of the Communicable Diseases Regulation is substituted to state that a provincial health agency or corporation 'shall provide, as directed by the Minister,' health services for communicable diseases.
  • Section 9(2) of the Communicable Diseases Regulation is amended to specify that a provincial health agency or corporation acts 'Under the direction of a medical officer of health' for certain duties.
  • The Immunization Regulation (AR 182/2018) is amended to replace 'a regional health authority' with 'the responsible provincial health agency' throughout its text.
  • A new definition for 'responsible provincial health agency' is added to the Immunization Regulation, meaning 'the provincial health agency responsible for immunization in Alberta'.
  • The Public Health (Various Regulations) Amendment Regulation (No. 2) repeals or amends clauses in several regulations that previously assigned authority to 'regional health authority'.
  • The Minister of Primary and Preventative Health Services assumes responsibilities for issuing, renewing, suspending, and cancelling permits for food establishments and public swimming pools.
  • The Minister gains authority to establish rules for permit renewals and to exempt operators from permit fees under the Food Regulation.
  • The Minister now holds hearings for waiver requests and makes decisions on granting or refusing waivers under the Waiver Regulation, replacing regional health authority involvement.
  • The Minister is now responsible for imposing conditions on permits and approvals for public swimming pools.
  • Appeals for waiver decisions are now directed to the Public Health Appeal Board under section 5 of the Public Health Act, following a decision by the Minister.

Why it matters

  • Brings new legislative provisions related to health statutes into effect, potentially altering existing frameworks.
  • The delayed effective date allows for preparation and implementation of the changes introduced by the proclaimed sections.
  • Impacts the legal and operational landscape for entities governed by the Health Statutes Amendment Act, 2020 (No. 2).
  • The proclamation formally activates legislative changes outlined in the specified sections of the Health Statutes Amendment Act, 2025.
  • It marks a procedural step in the implementation of new health-related statutes, transitioning them from legislation to active law.
  • The full scope of impact on health governance and related bodies depends on the specific content of the sections now brought into force.
  • Expands the formal scope of practice for regulated health care aides, allowing them to perform specific restricted activities previously outside their defined role.
  • Integrates health care aides more formally into the performance of certain medical procedures, potentially impacting healthcare service delivery models.
  • Establishes a new regulatory framework for supervised restricted activities performed by health care aides, requiring oversight by an authorized practitioner.
  • Reflects an adjustment in the provincial regulatory approach to health professions, potentially influencing workforce deployment and training requirements.
  • This amendment broadens the range of health entities whose operations can be directly impacted by emergency powers declared under the Public Health Act.
  • It centralizes the application of emergency powers by extending them to provincial-level health organizations, potentially reducing the autonomy of these bodies during a public health emergency.
  • The change reflects a shift in the institutional framework for health emergency response, aligning with the structure of provincial health agencies and corporations.
  • Centralizes authority for public health services, including communicable disease prevention and immunization, from regional bodies to provincial entities.
  • Expands the Minister's direct authority over the provision of health promotional, preventive, diagnostic, treatment, rehabilitative, or palliative services related to communicable diseases.
  • Reduces the autonomy of previously regional health authorities by subjecting their functions to ministerial direction and oversight by a medical officer of health.
  • Establishes a new framework for immunization services under a single 'responsible provincial health agency,' potentially streamlining but also centralizing decision-making.
  • Shifts the governance model for public health from a regionally distributed structure to a provincially directed one.
  • This OIC centralizes decision-making authority for various public health matters, including food safety, public swimming pools, and waivers, from regional bodies to the provincial Minister.
  • The shift in authority may alter the administrative processes for businesses and organizations requiring public health permits and approvals.
  • The change in appeal process for waiver decisions directs appeals to a provincial board rather than through regional health authority channels.
  • The Minister's new role in setting permit renewal rules and fees introduces a direct provincial influence over these administrative aspects.
  • The consolidation of permit issuance and oversight at the ministerial level could lead to more standardized application and enforcement across the province.

Other governance concerns

  • Changes to health-related legislation.
  • Potential impact on the administration and delivery of health services.
  • Impacts on health governance structures and operations will depend on the content of the proclaimed sections.
  • Scope of practice for regulated health care aides.
  • Requirements for supervision of restricted activities.
  • Definition and qualifications of 'authorized practitioner' for supervision.
  • Professional standards and accountability for newly authorized activities.
  • Scope of government authority over health entities during emergencies.
  • Autonomy of provincial health agencies and corporations.
  • Potential for centralized decision-making in public health responses.
  • Centralization of public health decision-making.
  • Increased ministerial control over health service delivery.
  • Reduced local or regional discretion in public health matters.
  • Potential for politicization of public health services.
  • Centralization of regulatory and administrative authority from regional health bodies to the Minister.
  • Reduction of regional health authorities' discretion in public health matters.
  • Shift in accountability for permit issuance, exemptions, suspensions, and cancellations to the provincial level.
  • Changes to the process for appealing public health decisions.

Primary sources (6)

Secondary sources (2)