June 2018 Board Meeting - Changes in Public Disclosure Requirements Information Report

Meeting Document Type
Information Report
Changes in Public Disclosure Requirements

Prepared By:

Phil Wong, Manager, Environmental Health Department

Date:

June 11, 2018

Subject:

Changes in Public Disclosure Requirements

Background

Health Protection and Promotion Act – Regulatory Changes

The Health Protection and Promotion Act (HPPA) specifies the organization and delivery of public health services in the province of Ontario. The HPPA requires local boards of health such as the Windsor- Essex County Health Unit (WECHU) to oversee or ensure the provision of public health programs and services within their local municipalities.

On October 25th, 2017, proposed amendments to a number of regulations under the HPPA were posted on the Ontario Regulatory Registry. The changes were to modernize and update regulatory requirements to better reflect current evidence and practices for public health programs and services. The changes have addressed inconsistencies, removed redundancies and provide clarity for delivery of the public health services. Some of the changes came into effect on January 1st, 2018 with the remaining changes to come into effect on July 1st, 2018. There were over 110 amendments to the safe food and safe water regulations alone, with over 70% of the changes in the HPPA having direct impact on environmental health program delivery. Any changes to regulations during the modernization process subsequently effects corresponding environmental health protocols, guidance documents and other acts such as the Provincial Offences Act.

Below is a list of new or amended regulations that are enforced by Public Health Inspectors (PHIs) at the WECHU.

  • Personal Service Settings - Ontario Regulation 136/18
  • Food Premises - Ontario Regulation 493/17
  • Public Pools - Ontario Regulation 494/17
  • Public Spas Revocation - Ontario Regulation. 495/17
  • Transitional Small Drinking Water (repeal) - Ontario Regulation 499/17
  • Camps in Unorganized Territory - Ontario Regulation 502/17
  • Recreational Camps - Ontario Regulation 503/17
  • Communicable Disease General - Ontario Regulation 557/90
  • Rabies Immunization – Ontario Regulation 567/90
  • Control of West Nile Virus – Ontario Regulation 199/03

Ontario Public Health Standards - Standard Changes

On January 1st, 2018, the new Ontario Public Health Standards: Requirements for Programs, Services, and Accountability 2018 (OPHS) came into effect.  The OPHS outlines mandatory health programs and services which WECHU must comply with. Local boards of health such as the WECHU are accountable for implementing the standards including any protocols, guidelines and reference documents associated with it. Collectively, there has been a release of over 100 amendments to these documents with many still projected to be released on or after July 1st, 2018. 

Quality and Transparency

The standards require local boards of health to promote a culture of quality and transparency, as well as accountability to community members, clients and other stakeholders. In order to demonstrate transparency, the WEHCU is required to publicly disclose results of all inspections or information in accordance with the following protocols:

  • Food Safety Protocol, 2018 (or as current);
  • Health Hazard Response Protocol, 2018 (or as current);
  • Infection Prevention and Control Complaint Protocol, 2018 (or as current);
  • Infection Prevention and Control Disclosure Protocol, 2018 (or as current);
  • Infection Prevention and Control Protocol, 2018 (or as current);
  • Recreational Water Protocol, 2018 (or as current);
  • Safe Drinking Water and Fluoride Monitoring Protocol, 2018 (or as current);
  • Tanning Beds Protocol, 2018 (or as current);
  • Tobacco Protocol, 2018 (or as current)/ Electronic Cigarettes Protocol, 2018 (or as current);

Summary of Changes

  • Online disclosure is mandatory for all inspections, complaints, convictions and closures
  • On site physical disclosure according to PHI request for all of the following:
    • Personal Service Settings i.e., barber shops, nail salons and tattoo parlors
    • Food premises i.e., restaurants, take out and fast food
    • Recreational water facilities i.e., pools, spas and splash pads
    • Recreational camps

Current Initiatives

In response to these requirements, an upgrade is being made to the Environmental Health Department’s inspection software to facilitate the availability of inspection results on our website.  The Environmental Health Department utilizes inspection software for all inspections, time tracking and investigations. WECHU was one of the first health units in Ontario to use inspection software, migrating from pen and paper to electronic documentation in the early 2000s. This disclosure will go live by the end of 2018.

Owners and operators of premises affected by these changes have been informed in writing in advance of the regulation coming into effect. Letters were mailed out to all municipalities for food premises, personal service settings owners/operators, and owners/operators of public pools and contained a summary of changes and action required in order to comply with the regulation. The Environmental Health Department and the Communications Department at the WECHU are working on a communication plan to launch the new on site physical disclosure requirement, projected to be launched by the end of 2018.

Additionally, the Environmental Health Department will be updating all web content, inspection forms, fact sheets and offering online and onsite operator/owner training courses that reflect the changes to the regulations. All of these updates will be completed by July 1st, 2018.

Data Sources:

 

Consultation:

The following individuals contributed to this report:

  • Karen Lukic, Health Promotion Specialist, Environmental Health Department

  • Mike Tudor, Manager, Environmental Health Department

  • Theresa Marentette, Acting CEO and Director, Health Protection Division

Approved by:

Theresa Marentette, Acting CEO