The Chair of the Grey Bruce Health Unit’s Board of Health has responded to recent directions from Ontario’s Chief Medical Officer of Health (CMOH), raising questions about the province’s authority in a governance dispute.
In a letter dated August 15 to CMOH Dr. Kieran Moore, Board of Health Chair Nick Saunders addressed two written directives issued on July 18 and August 14 under the Health Protection and Promotion Act (HPPA).
Saunders pointed out that the July 18 directive required the Board to submit an Action Plan within 30 days to address recommendations in a provincial assessment report. Among the priorities identified was a call to "immediately replace the municipal members on the Board of Health, with strong consideration for the appointment of non-elected municipal appointments."
Saunders said steps were then taken in consultation with ministry staff to carry out that directive.
"At all times, I acted pursuant to your July 18 written direction, and I worked in lock-step with officials in your office," his letter states. "Consequently, the allegation that I acted unilaterally is inaccurate and extremely unfair."
However, after receiving legal advice, the Board concluded that the province’s order went beyond what the law allows.
"The power to appoint and to replace municipal members rests solely with the County of Grey and the County of Bruce, and not with the Board of Health," Saunders wrote.
He learned that removing all municipal members would also conflict with provisions of the HPPA requiring municipal representation.
On August 14, Dr. Moore issued a new direction transferring all powers of the Board of Health to the Chief Medical Officer of Health.
The letter from Saunders confirmed receipt of that directive.
"I confirm that I will comply with your August 14 direction, but, for the reasons set out above, I do not agree with the premises on which your direction is based or with the history of events as you have characterized them," Saunders stated.
The August 15 letter has been shared with members of the Board of Health.
"The health unit Board has been dysfunctional since 2023 and was getting worse every year," Saunders clarified in a statement to the media.
Saunders added that Moore's idea to replace the elected municipal appointees with competency-based appointees was solid, but how he went about it was misguided.
"First, it was too fast. He ordered me to replace them 'immediately', and Second, it was unlawful," Saunders explained. "The Chief MOH doesn't have the authority to replace them as per legal consultation that resulted in the letter I sent to the Chief MOH last Friday."