Can a public health officer order that every home be equipped with a colour television or popcorn maker for the same reasons?

Alberta, Canada

The following excerpt is from BPCL Holdings Inc. v. Alberta, 2006 ABQB 757 (CanLII):

There is a distinction between the validity of regulations, and the validity of any orders made under the regulations. Even if a regulation is valid, a public health officer cannot use that regulation for matters unrelated to public health issues, even if the action of the officer is literally within the regulation. For example, a public health officer could not order an owner to repair an apartment because the carpet was stained, or the paint was simply faded, as this type of non-repair would have no connection to public health. The Standards could not order that every apartment be “equipped” with a colour television or a popcorn maker for the same reasons. This principle is well illustrated by Roncarelli v. Duplessis, supra. In that case there was nothing objectionable about the regulation allowing for the revocation of liquor licenses, but that did not allow the power to be used based on religious beliefs.

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