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Under section 68 of the Public Health Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the COVID-19 Preventative Measures Regulation – Public Health Act.

2The following definitions apply in this Regulation.

“Act” means the Public Health Act. (Loi)

“approved vaccine” means a vaccine approved by Health Canada against COVID-19, and includes any combination of approved vaccines. (vaccin approuvé)

“eligible person” means a person who is eligible to receive an approved vaccine. (personne admissible)

PREVENTATIVE MEASURES

Providing proof of vaccination or exemption before entering certain premises or attending certain activities

3(1)An eligible person shall not enter a premises or attend an activity referred to in subsection (2) without providing proof of vaccination against COVID-19 in accordance with section 6 or providing proof of medical exemption in accordance with section 7.

3(2)The following premises and activities are prescribed for the purposes of subsection (1):

(a) festivals, performing arts events and sporting events that are held indoors;

(b) restaurants, pubs and bars, whether food or drink service is provided indoors or outdoors;

(c) nightclubs, amusement centres, pool halls, bowling alleys and casinos;

(d) movie theatres, libraries and museums;

(e) gyms, indoor pools and other indoor recreational facilities, including tennis courts and climbing walls;

(f) organized group recreational sports, classes and activities that are held or provided indoors;

(g) gatherings that are held indoors, other than gatherings held indoors in a private dwelling;

(h) visiting a community placement residential facility as defined in the Community Placement Residential Facilities Regulation – Family Services Act; and

(i) visiting a nursing home as defined in the Nursing Homes Act.

3(3)An owner or occupier of a premises referred to in subsection (2) or a person that organizes an activity referred to in subsection (2) shall require every eligible person to provide proof of vaccination against COVID-19 in accordance with section 6 or proof of medical exemption in accordance with section 7 before allowing the eligible person to enter the premises or to attend the activity, as the case may be.

2021-69; 2021-73

Providing proof of vaccination or being regularly tested in certain settings

2021-69

4(1)All eligible persons working or living at the following settings are required to provide acceptable proof of vaccination against COVID-19, or are required to be tested regularly for COVID-19:

(a) facilities that provide mental health or addiction services that are not provided by a regional health authority under the Regional Health Authorities Act;

(b) transition houses approved by the Minister of Social Development under the Family Services Act;

(c) emergency shelters for the homeless and soup kitchens; and

(d) assisted living facilities.

4(2)An owner or occupier of any of the settings referred to in subsection (1) or a person acting on behalf of the owner or occupier shall require every eligible person working or living at the setting to show proof of vaccination against COVID-19 in accordance with section 6 or to be tested regularly for COVID-19.

4(3)An owner or occupier of a setting referred to in subsection (1) shall ensure that an eligible person working or living at the setting who does not provide proof of vaccination against COVID-19 in accordance with section 6 is reminded that the eligible person will be tested regularly for COVID-19.

2021-69

Providing proof of vaccination or exemption in certain settings – associated persons

2021-73

4.1(1)All eligible persons who are associated persons as defined in the Early Childhood Services Act are required to provide acceptable proof of vaccination against COVID-19 or proof of medical exemption.

4.1(2)An operator of a facility as defined in the Early Childhood Services Act or a person acting on behalf of the operator shall require every eligible person who is an associated person to show proof of vaccination against COVID-19 in accordance with section 6 or proof of medical exemption in accordance with section 7.

2021-73

Providing proof of vaccination or exemption in certain settings – working or volunteering

2021-73

4.2(1)All eligible persons working or volunteering at the following settings are required to provide acceptable proof of vaccination against COVID-19 or proof of medical exemption:

(a) community placement residential facilities as defined in the Community Placement Residential Facilities Regulation – Family Services Act, other than transition houses;

(b) nursing homes as defined in the Nursing Homes Act; and

(c) licensed facilities as defined in the Early Childhood Services Act.

4.2(2)An operator of any of the settings referred to in subsection (1) or a person acting on behalf of the operator shall require every eligible person working or volunteering at the setting to show proof of vaccination against COVID-19 in accordance with section 6 or proof of medical exemption in accordance with section 7.

2021-73

Registration and proof of vaccination before entering the Province

5(1)Subject to subsection (2), before entering the Province, an eligible person who is a resident of the Province, resident of any province or territory of Canada other than New Brunswick or a resident of a country other than Canada shall register their travel with the New Brunswick Travel Registration Program and provide the New Brunswick Travel Registration Program with one of the following proofs:

(a) proof of vaccination against COVID-19 in accordance with paragraph 6(1)(a), (b) or (c), as the case may be, or

(b) proof of medical exemption in accordance with paragraph 7(1)(a), (b) or (c), as the case may be.

5(2)Subsection (1) does not apply if the eligible person is

(a) travelling for work and is employed by an employer that has a policy that their employees are either vaccinated or tested regularly for COVID-19,

(b) driving a commercial vehicle,

(c) travelling for the purpose of accessing childcare services,

(d) travelling for the purposes of attending school as defined in the Education Act, and

(e) travelling for the purpose of carrying out a custody and access arrangement.

5(3)Subject to subsection (4), when an eligible person cannot provide proof of vaccination against COVID-19 or proof of medical exemption under subsection (1), the eligible person shall be required to self-isolate in accordance with any directions from a medical officer of health for a period of no less than 14 days beginning when they arrive in the Province.

5(4)On or after 10 days of self-isolation, an eligible person referred to in subsection (3) may end the self-isolation period when they receive a negative test for COVID-19.

2021-69

Obligation to provide information to close contacts if positive test for COVID-19

2021-69

5.1 A person who receives a positive test for COVID-19 shall report to their close contacts any information or give any instructions required by an agent or employee of the Minister within 24 hours of being informed of the positive test.

2021-69

PROOF OF VACCINATION OR EXEMPTION

Proof of vaccination

6(1)Subject to subsection (2), the following documents are acceptable proof of vaccination against COVID-19 for the purposes of this Regulation:

(a) for an eligible person who is a resident of New Brunswick

(i) a valid identification document issued by the government of the Province, and

(ii) any one of the following documents:

(A) a New Brunswick Record of COVID-19 immunization;

(B) a record of COVID-19 immunization produced from the immunization registry established by the Minister under section 42.3 of the Act or from a pharmacy; or

(C) a record of COVID-19 immunization produced from the MyHealthNB Portal;

(b) for an eligible person who is a resident of any province or territory of Canada other than New Brunswick

(i) a valid government-issued identification document from the province or territory, and

(ii) a record of COVID-19 immunization that is officially recognized by the government of that province or territory; and

(c) for an eligible person who is a resident of a country other than Canada

(i) a valid government-issued identification document from the country, and

(ii) the record of COVID-19 immunization that the eligible person was required to provide to enter Canada and not quarantine.

6(2)In order to be considered proof of vaccination against COVID-19 for the purposes of this Regulation, a record of COVID-19 vaccination prescribed in subsection (1) shall indicate that the eligible person received the full series of an approved vaccine.

6(3) Proof of vaccination against COVID-19 under subsection (1) may be in the form of a photocopy or photo, a digital proof or be displayed on an electronic device, as long as the information contained within is readable.

Proof of exemption

7(1)Subject to subsection (3), the following documents are acceptable as proof of medical exemption from vaccination against COVID-19 for the purposes of this Regulation:

(a) for an eligible person who is a resident of New Brunswick

(i) a valid identification document issued by the government of the Province, and

(ii) a medical exemption, on a form provided by the Minister, that is signed by a medical practitioner or nurse practitioner;

(b) for an eligible person who is a resident of any province or territory of Canada other than New Brunswick

(i) a valid government-issued identification document from the province or territory, and

(ii) a record of medical exemption that is officially recognized by the government of that province or territory; and

(c) for an eligible person who is a resident of a country other than Canada

(i) a valid government-issued identification document from the country, and

(ii) the record of any medical exemption that the eligible person was required to provide to enter Canada.

7(2)Proof of medical exemption under subsection (1) may be in the form of a photocopy or photo, a digital proof or be displayed on an electronic device, as long as the information contained within is readable.

7(3)A medical exemption referred to in paragraphs (1)(b)(ii) and (c)(ii) must meet the requirements for a medical exemption from vaccination against COVID-19 established in the Province.

False statement or information

8 No person shall knowingly make a false statement when registering their travel under subsection 5(1) or make any other false statement, either orally or in writing, with respect to proof of vaccination against COVID-19 or medical exemption or travel to a peace officer or other persons engaged in carrying out their duties and functions or in exercising their powers under this Regulation.

No vaccination information to be retained

9An owner, occupier or any other person who requires an eligible person to show proof of vaccination against COVID-19 or medical exemption under this Regulation shall not retain a record of any of the eligible person’s information.

MASKS

2021-69

Requirement to wear masks in public indoor spaces

2021-69

9.1(1)The following definitions apply in this section.

“indoor workplace” means an enclosed place in which employees perform the duties of their employment and to which members of the public do not normally have access.(lieu de travail fermé)

“public indoor space” means all or any part of a building or other enclosed place to which members of the public have access as of right or by express or implied invitation, and includes a motor vehicle or ferry that is used or made available for public transit.(espace public intérieur)

9.1(2)Subject to subsections (4) and (5), a person shall wear a mask in a manner that covers their mouth and nose when the person is in

(a) a public indoor space, and

(b) an indoor workplace, if the person is in a common area, including lunchrooms, hallways, washrooms, stairwells and elevators.

9.1(3)An owner or occupier of a public indoor space or an indoor workplace shall ensure that every person who enters is wearing a mask in accordance with subsection (2) and, if not wearing a mask, is reminded to do so as soon as the circumstances permit.

9.1(4)Subsection (2) does not apply to

(a) a child who is under two years of age,

(b) a person with a medical condition that prevents them from safely wearing a mask,

(c) a person who is unable to put on or remove a mask without assistance,

(d) a person who is swimming or engaged in other athletic activities,

(e) a person who is participating in a court proceeding, or

(f) a person who needs to temporarily remove their mask for the purpose of

(i) receiving a service that requires the removal of their mask,

(ii) consuming food or drink,

(iii) an emergency or a medical reason, or

(iv) establishing their identity.

9.1(5)Subsections (2) and (3) do not apply in any of the following settings, if the setting has a policy in place that addresses the wearing of masks and that policy is in conformity with any public health directives from the chief medical officer of health:

(a) a community health centre;

(b) a hospital facility;

(c) an early learning and childcare facility; and

(d) a school as defined in the Education Act.

2021-69

Repeal

10Unless repealed earlier, this Regulation is repealed on April 30, 2022.

Commencement

11This Regulation comes into force on September 22, 2021.

N.B. This Regulation is consolidated to November 19, 2021.

2021-67 - COVID-19 Preventative Measures

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