S-2.2 - Public Health Act

Section 109 Disposition versions

2024-07-01

109. A person may not be maintained in isolation pursuant to an order of the public health director for more than 72 hours without the person’s consent or without a court order.

A public health director may apply to a judge of the Court of Québec for an order enjoining a person in respect of whom an isolation order has been made to comply with the public health director’s order and to remain in isolation for a maximum period of 30 days.

The judge may grant the order if, in the judge’s opinion, terminating the isolation would create a serious threat to the health of the population and, in the circumstances, isolation is the only effective means to protect the health of the population. The judge may also grant an order requiring the person to receive the treatment capable of eliminating any risk of contagion where such treatment is available, or make any order considered appropriate.

Notwithstanding a court order, a person’s isolation must cease as soon as the attending physician, after consulting the appropriate public health director, issues a certificate to the effect that the risks of contagion no longer exist.

2001, c. 60, s. 109; 2023, c. 31, s. 57.

2001-12-20

109. A person may not be maintained in isolation pursuant to an order of the public health director for more than 72 hours without the person’s consent or without a court order.

A public health director may apply to a judge of the Court of Québec or of the municipal courts of the cities of Montréal, Laval or Québec having jurisdiction in the locality where the person in respect of whom the isolation order has been made is to be found, for an order enjoining that person to comply with the public health director’s order and to remain in isolation for a maximum period of 30 days.

The judge may grant the order if, in the judge’s opinion, terminating the isolation would create a serious threat to the health of the population and, in the circumstances, isolation is the only effective means to protect the health of the population. The judge may also grant an order requiring the person to receive the treatment capable of eliminating any risk of contagion where such treatment is available, or make any order considered appropriate.

Notwithstanding a court order, a person’s isolation must cease as soon as the attending physician, after consulting the appropriate public health director, issues a certificate to the effect that the risks of contagion no longer exist.

2001, c. 60, s. 109.