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Members of the Health Group are retained to assist with the enforcement of the Public Health Act and its regulations.  The nature of the work is specialized and involves working with Environmental Public Health (EPH) and Public Health Inspectors to ensure members of the public are protected and have access safe food and housing. 

Lawyers in our Health Group work closely with EPH to develop and implement enforcement strategies, including, obtaining Court orders to gain compliance, bringing contempt application to enforce the court’s process; and should there be any ongoing or acute issues, we act as agents of the Crown with respect to the prosecution of offences before the Provincial Court. 

Field Law also represents health care organizations in administrative hearings related to the appeal of Executive Officer Orders under the Public Health Act and any resulting statutory appeals or judicial reviews.

Experience

Over the last several years Field Law has represented AHS, which has included the Queen’s Bench enforcement proceedings and Provincial Court prosecution of offences relating to;

  • Restaurant non-compliance with the Public Health Act, Food Regulation, Nuisance and General Sanitation Regulation, and the Food Retain and Food Services Code. The objective is to ensure that food is prepared, stored and served in a manner that does not put the public at health risk that can arise from contamination, spoilage or other risks arising from microbial growth
  • Housing non-compliance with the Public Health Act, the Housing Regulation, and the Minimum Housing and Health Standards. The focus on this work is ensuring that rental accommodations are constructed and maintained in a manner that does not put individuals at risk from infestation, structural deficiencies, or sanitation issues
Chan v. Her Majesty the Queen, 2017 ABQB 480, Alberta Court of Queen's Bench