Carnival Shut Down For Air Pollution Health Hazard

In August 2012, the Health Services Appeal and Review Board (HSARB), for the first time ever, held air pollution (aside from second hand smoke) to be a "health hazard" under Ontario's Health Protection and Promotion Act (HPPA).

Air Pollution Health Hazard

Under section 13(1) of the Act, a public health inspector may order any person to take action, or to refrain from taking any action that is specified in the order in respect of a health hazard. Under section 44(4) of the Act, the HSARB may hear an appeal of a section 13 order and may confirm, alter or rescind the order, and it may substitute its findings for that of the public health inspector who made the order.

In 1353837 Ontario Inc. v. Public Health Inspector, 2012 CanLII 477030, the Perth District Health Unit issued an order prohibiting members of the public from entering a building located on an industrial property in Stratford, Ontario, until certain health hazards were dealt with. The building was