Q & A’s – Vax Authority

Question no. 27 (Ms. Wilson):

To the Minister of Health,

(a) is it permitted for the COVID-19 vaccines to be administered to the public if the government lifts the current provincial state of emergency,

(b) if yes, under what authority, and

(c) if no, what date will it become permissible to administer the COVID-19 vaccines without a provincial state of emergency?

Answer: Tuesday, March 15, 2022

(a) Ensuring access to immunization is a routine function of public health. Vaccines will continue to be available despite the provincial state of emergency being lifted.

(b) Authority to provide vaccines to the public exists through The Health Administration Act (unless superseded by another Act). To provide additional clarity regarding the delivery and administration of COVID-19 vaccines, amendments were made to The Disease Control Regulations (February 24, 2021 to March 31, 2021). As of November 2021, vaccination programming (including COVID-19 vaccination) was moved into The Public Health Act, 1994 to strengthen provisions set in The Disease Control Regulations. The regulation sunsets on March 31, 2022. The authority within The Health Administration Act remains.

Timeframe :   Prior to February 24, 2021 to present day           Authority:   Section 6 of  The Health Administration Act .

Timeframe :   February 24, 2021 to March 31, 2022                   Authority:   Section 25.2 of The Disease Control Regulations (see OIC 61/2021)

Timeframe:    November 5, 2021 to present                                 Authority:    Section 37.1 of The Public Health Act, 1994 ) . (see OIC 589/2021 )

(c) See answers to (a) and (b).