West Nile Virus Regulation

Year
2005
Number
B129
Sponsor(s)
Salmo

WHEREAS the Government of British Columbia has adopted a West Nile Virus Regulation empowering medical health officers to order a local government to apply pesticides at the expense and liability risk of the local government; AND WHEREAS local government responsibilities for public health protection should not exceed those relating directly to services provided by local governments, e.g., potable water and waste disposal, and all other public health protection responsibilities, e.g., food safety, communicable disease, etc. should remain with senior governments having jurisdiction: THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities negotiate an amendment to the West Nile Virus Regulation with the Government of British Columbia to remove all references, direct or implied, to a local government duty, obligation, or responsibility with respect to West Nile Virus.

Provincial Response

Ministry of Health The health of citizens is a responsibility shared among all levels of government, including local governments, health authorities and the Province. A coordinated and cooperative approach where all jurisdictions are working together for the benefit of the public is the way that we can most effectively reduce the risk of WNV disease. The West Nile Virus Control Regulation clarifies the authority of the medical health officer under the Health Act the Act, but does not add any new powers. It does not transfer any responsibility to local governments that did not already exist. The Act outlines the local authoritys responsibilities as the local board of health, and the power of the local medical health officer to order action to suppress an outbreak. This might include the application of pesticide within a certain high-risk area. Nuisance mosquito control programs have been done routinely for years by a number of British Columbias local governments. Recognizing that additional measures may help control the spread of WNV, the Province has provided funding of 5 million in 200405 to help local governments and First Nations communities respond more effectively to WNV. To date, 105 local governments and 66 First Nations communities have applied for and received almost 4 million of these funds. The Ministry has worked extensively with UBCM and the Municipal Insurance Association to come to an agreement on indemnification of local governments in the delivery of proactive mosquito control to mitigate the risk of WNV. Local governments will be protected from liability stemming from adult mosquito control recommended by a medical health officer for the reduction of risk from WNV. Health Authorities have also been provided with 250,000 to plan for adult mosquito control. If adult mosquito control is ever required in a specific area because of a significant risk of WNV to human health, the Ministry of Health will fully fund the adulticiding program. Surveillance is also key to helping mitigate the risk of WNV. Health Authorities are significantly contributing to mosquito surveillance and control, and the PHSA, through the BCCDC, also has funded an extensive surveillance and laboratory program in place. Local governments are on the front lines and in the best position to react to public health threats. We are pleased they are being proactive in their fight against West Nile.

Convention Decision
Endorsed