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P-22.4 - Public Health Act

Table des matières
Texte intégral
À jour au 13 décembre 2023
CHAPTER P-22.4
Public Health Act
Assented to February 26, 1998
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
I
INTERPRETATION
Definitions
1In this Act
“agri-food inspector” means an agri-food inspector appointed under section 62;(inspecteur agroalimentaire)
“communicable disease” Repealed: 2017, c.42, s.1
“contact” means a person who has or may have been in contact with another person who has or had a notifiable disease while that other person was in an infectious state;(contact)
“court” means The Court of King’s Bench of New Brunswick and includes a judge of that court;(cour)
“examination” means the taking of a medical history, a physical inspection, palpation, percussion, auscultation of the human body, the taking of specimens of bodily fluids for laboratory tests, the use of diagnostic imaging or the performing of diagnostic procedures that may be required to determine the existence of a notifiable disease or the agent of a notifiable disease;(examen)
“food” means food or drink, including milk, for human consumption and includes an ingredient of food or drink for human consumption;(aliments)
“food premises” means a premises where food or milk is manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale, and includes a food vending machine and an abattoir but does not include premises exempted by the regulations;(locaux destinés aux aliments)
“Group I communicable disease” Repealed: 2017, c.42, s.1
“Group I notifiable disease” means (maladies à déclaration obligatoire du Groupe I)
(a) cholera,
(b) diphtheria,
(c) viral haemorrhagic fever,
(d) plague,
(e) tuberculosis (active), and
(f) any other disease prescribed by regulation as a Group I notifiable disease;
“health hazard” means(danger pour la santé)
(a) a condition of a premises,
(b) a substance, thing or plant or animal other than a human,
(c) a solid, liquid, gas or combination of any of them, or
(d) a noise, vibration or radiation
that has or is likely to have an adverse effect on the health of a person;
“health region” means a health region established under the regulations;(région sanitaire)
“hospital corporation” Repealed: 2002, c.1, s.19
“inspector” includes, unless the context otherwise requires, an agri-food inspector, a public health inspector and a public safety inspector;(inspecteur)
“institution” means (établissement)
(a) a correctional institution as defined in the Corrections Act,
(b) a nursing home as defined in the Nursing Homes Act, and
includes any other place prescribed by regulation;
“manager” with respect to a food premises, means the person who controls, governs or directs the activities carried on in the food premises, and includes a person who is actually in charge of the food premises;(gérant)
“medical officer of health” means a medical officer of health appointed under section 59 and includes the chief medical officer of health;(médecin-hygiéniste)
“midwife” means a midwife as defined in the Midwifery Act;(sage-femme)
“milk” means milk originating from any animal other than a human and intended for human consumption;(lait)
“Minister” means the Minister of Health and includes persons designated by the Minister to act on the Minister’s behalf;(Ministre)
“notifiable disease” means a disease prescribed by regulation or declared to be a notifiable disease in an order of the Minister or the chief medical officer of health, as the case may be;(maladie à déclaration obligatoire)
“nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner;(infirmière practicienne)
“occupier” includes(occupant)
(a) a person who is in physical possession of premises,
(b) a person who has responsibility for and control over the condition of the premises or the activities there carried on, or control over persons allowed to enter the premises, or
(c) a person for the time being receiving the rent of premises, whether as principal or as agent or trustee for another person, or who would receive the rent if the premises were let, or who is responsible for the payment of local government taxes,
although there is more than one occupier of the same premises;
“on-site sewage disposal system” Repealed: 2017, c.42, s.1
“on-site sewage disposal system” means(système autonome d’évacuation et d’épuration des eaux usées)
(a) a holding tank with sewage flows of less than 20,000 litres per day that is not connected to a collection system with a lift station,
(b) a septic tank and subsurface disposal field, including contour systems, with sewage flows of less than 20,000 litres per day that is not connected to a collection system with a lift station,
(c) a sewage treatment system with a subsurface disposal field with sewage flows of less than 5,460 litres per day that is not connected to a collection system with a lift station,
(d) a sewage management system with a subsurface disposal field with sewage flows of less than 5,460 litres per day that is not connected to a collection system with a lift station, or
(e) a pit privy;
“potable water” means water that is suitable, on the basis of health considerations, for cooking or drinking by humans;(eau potable)
“premises” means lands and structures, or either of them, and includes(locaux)
(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter, and
(d) trains, railway cars, vehicles and aircraft;
“public health inspector” means a public health inspector appointed under section 62;(inspecteur de la santé publique)
“public safety inspector” means a public safety inspector appointed under section 62;(inspecteur de la sécurité publique)
“public water supply system” means a water supply system that is owned or operated by a local government or the Crown in right of the Province and includes such other water supply systems owned or operated by other persons as are prescribed by the regulations;(réseau public d’adduction d’eau)
“radiation” means ionizing or non-ionizing energy in the form of atomic particles or electromagnetic or acoustic waves;(radiation)
“regional health authority” means a regional health authority as defined in the Regional Health Authorities Act;(régie régionale de la santé)
“water circulation system” means a water system that is prescribed by regulation as a water circulation system; (système de circulation d’eau)
“water supply system” means a works that conveys or is able to convey water for human consumption.(réseau d’adduction d’eau)
2000, c.26, s.251; 2002, c.1, s.19; 2002, c.23, s.10; 2005, c.7, s.66; 2006, c.16, s.147; 2007, c.63, s.1; 2011, c.26, s.4; 2012, c.39, s.121; 2017, c.20, s.148; 2017, c.42, s.1; 2022, c.12, s.1; 2023, c.17, s.219
Act binds the Crown
2This Act binds the Crown.
Inconsistency
3Where an inconsistency exists between this Act or any regulation made under this Act and any other act of the Legislature or any regulation made under that act, the provision of this Act or the regulation prevails to the extent of the inconsistency.
II
PUBLIC HEALTH PROTECTION
Reporting of health hazard
2017, c.42, s.2
4(1)A person who has reasonable grounds to believe that a health hazard exists shall notify a medical officer of health or public health inspector of the health hazard without delay.
4(2)A person who holds a licence to operate a food premises or a manager of a food premises who fails to notify a medical officer of health or public health inspector under subsection (1), with respect to a health hazard in the food premises, commits an offence.
2017, c.42, s.3
Investigation of health hazard
5Where a medical officer of health or public health inspector has reasonable grounds to believe that a health hazard may exist in or on any premises, the medical officer of health or public health inspector shall investigate or cause an investigation to be carried out to determine whether a health hazard exists.
2017, c.42, s.4
Order respecting health hazard
6(1)Subject to subsection (2), a medical officer of health or a public health inspector by a written order may require a person to take or refrain from taking any action that is specified in the order in respect of a health hazard.
6(2)A medical officer of health or a public health inspector may make an order under this section if he or she believes on reasonable grounds,
(a) that a health hazard exists, and
(b) that the requirements specified in the order are necessary to prevent or decrease the effect of or to eliminate the health hazard.
6(3)In an order under this section, a medical officer of health or a public health inspector may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order.
6(4)An order under this section may include, but is not limited to,
(a) requiring the vacating of premises,
(b) requiring the owner or occupier of premises to close the premises or a specific part of the premises,
(c) requiring the placarding of premises to give notice of an order requiring the closing of the premises,
(d) requiring the doing of work specified in the order in, on or about the premises specified in the order,
(e) requiring the removal of anything that the order states is a health hazard from the premises or the environs of the premises specified in the order,
(f) requiring the isolation or detention of any thing specified in the order in accordance with such terms and conditions as are specified in the order,
(g) requiring the cleaning or disinfecting, or both, of the premises or the thing specified in the order,
(h) requiring the destruction of the matter or thing specified in the order,
(i) prohibiting or regulating the manufacturing, processing, preparation, storage, handling, display, transportation, sale, offering for sale or distribution of any food or thing, or
(j) prohibiting or regulating the use of any premises or thing.
6(5)An order under this section that requires the closing of premises is an order
(a) to shut the premises so as to prevent the entrance or access to premises by any person, and
(b) to suspend the operation of any enterprise or activity on or in the premises
except by such persons or for such purposes as are specified in the order.
6(6)An order under this section may be directed to a person
(a) who owns or who is the occupier of any premises,
(b) who owns or is in charge of any substance, thing, plant or animal or any solid, liquid, gas or combination of them, or
(c) who is engaged in or administers an enterprise or activity in or on any premises.
6(7)An order under this section is not effective unless the reasons for the order are set out in the order.
6(8)Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the hazard to the health of any person, a medical officer of health or public health inspector may make the order orally and subsection (7) does not apply.
6(9)Where an oral order is made under this section, the contents of the order and the reasons for the order shall be put into writing and served on each person to whom the order was directed within seventy-two hours after making of the oral order, but a failure to comply with this subsection does not invalidate the order.
6(10)It is sufficient in an order under this section to direct the order to a person or persons described in the order and an order under this section is not invalid by reason only of the fact that a person to whom the order is directed is not named in the order.
6(11)A medical officer of health or a public health inspector who makes an order under this section may require the person to whom the order is directed to communicate the contents of the order to other persons as specified by the officer or inspector and the person shall communicate the contents of the order as required by the officer or inspector.
6(12)Nothing in Part III prevents the making of an order under this section in relation to a premises, substance, thing, plant or animal other than a human, a solid, liquid, gas or any combination of them, that is or may be infected with a notifiable disease or that is or may be contaminated with an agent of a notifiable disease, as the case may be.
6(13)A person to whom an order is directed under this section shall comply with the order.
2017, c.42, s.5
Seizure and destruction
7(1)A medical officer of health, a public health inspector or an agri-food inspector who believes on reasonable grounds that a condition of any substance, thing, plant or animal other than a human is a health hazard may seize or cause the seizure of the substance, thing, plant or animal.
7(2)A medical officer of health, a public health inspector or an agri-food inspector shall detain a substance, thing, plant or animal seized under subsection (1) pending such examination or inspection as is necessary in his or her opinion to determine the existence of the health hazard.
7(3)Where the examination or inspection of a substance, thing, plant or animal seized under subsection (1) indicates that a health hazard is not present, a medical officer of health, a public health inspector or an agri-food inspector shall notify the owner or person from whom it was seized and shall release it to the owner or person.
7(4)If the owner or person from whom a substance, thing, plant or animal was seized does not reclaim it within three working days after receiving notification under subsection (3), a medical officer of health, a public health inspector or an agri-food inspector may cause it to be disposed of or destroyed.
7(5)Where an examination or investigation of a substance, thing, plant or animal seized under subsection (1) indicates that a health hazard is present, a medical officer of health, a public health inspector or an agri-food inspector shall destroy it, dispose of it or take such other action as the officer or inspector considers necessary to eliminate or decrease the health hazard.
7(6)The Minister may recover from the owner or person from whom a substance, animal, plant or thing was seized and which was subsequently found to be a health hazard, the cost of the destruction, disposal or such other action as was taken to eliminate or decrease the health hazard and sections 10 and 11 apply with the necessary modifications.
7(7)When food is seized under this section and a medical officer of health, a public health inspector or an agri-food inspector believes on reasonable grounds that the condition of the food is a health hazard, subsections (2) to (4) do not apply and he or she may destroy or dispose of the food or cause it to be disposed of or destroyed without further examination or inspection.
2017, c.42, s.6
Action by Minister in respect of health hazard
8(1)If the Minister believes on reasonable grounds that a health hazard exists and the person to whom an order is or would be directed under subsection 6(6)
(a) has refused to comply with or is not complying with the order,
(b) is not likely to comply with the order promptly,
(c) cannot readily be identified or located and as a result the order would not be carried out promptly, or
(d) requests the assistance of the Minister in preventing or decreasing the effects of or eliminating the health hazard,
the Minister may enter upon the premises, with such persons, materials and equipment and using such force as the Minister considers necessary, and may take such action as the Minister considers necessary to prevent or decrease the effects of or eliminate the health hazard.
8(2)Actions by the Minister under this section may include, but are not limited to,
(a) the placarding of premises to give notice of the existence of a health hazard or of an order made under this Act, or both,
(b) doing any work the Minister considers necessary in, on or about any premises,
(c) removing any thing from the premises or the environs of premises,
(d) detaining any thing removed from any premises or the environs of any premises,
(e) cleaning or disinfecting, or both, of any premises or thing, and
(f) destroying any thing found on the premises or the environs of the premises.
2017, c.42, s.7
Effect of order or action
9The making of an order under section 6 or the taking of action by the Minister under section 8 in relation to a health hazard shall not
(a) affect the validity or force of any other order that is made under this Act, whether before, during or after the making of that order or taking of that action, or
(b) be interpreted or deemed by any person or court to indicate that the health hazard was caused by any person to whom the order is directed.
Recovery of expenses of Minister
10The expenses incurred by the Minister in respect of a health hazard may be recovered with costs from any person to whom an order is or would be directed under subsection 6(6) in respect of a health hazard by action in a court of competent jurisdiction as a debt owed to the Crown in right of the Province.
2023, c.17, s.219
Certificate of Minister for expenses
11(1)If the Minister has made a written demand to a person referred to in section 10 for any expenses incurred by the Minister in relation to the prevention or decrease of the effects of or the elimination of a health hazard and those expenses remain unrecovered in whole or in part, the Minister may sign a certificate setting out the amount of the unrecovered expenses.
11(2)In any action under section 10, a certificate purporting to be signed by the Minister setting out the amount of the unrecovered expenses described in subsection (1) is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof
(a) of the amount of the expenses that have been unrecovered, and
(b) that the expenses were necessary to prevent or decrease the effects of or eliminate the health hazard to which the action relates.
Food premises
12(1)No person shall operate a food premises unless the person is the holder of a licence issued in accordance with this Act and the regulations.
12(2)A person who intends to commence to operate a food premises shall apply to the Minister on a form provided by the Minister for a licence to operate the food premises and shall pay the prescribed application fee at the time the application is made.
Duties of a person who holds a licence to operate a food premises
2017, c.42, s.8
13(1)A person who holds a licence to operate a food premises shall maintain and operate the food premises in accordance with the standards and requirements prescribed by the regulations.
13(2)A licence to operate a food premises is subject to
(a) the terms and conditions prescribed by the regulations, and
(b) such additional terms and conditions the Minister considers appropriate and specifies in the licence.
13(3)A person who holds a licence to operate a food premises shall furnish a medical officer of health, a public health inspector or an agri-food inspector with such information as he or she requests in respect of the manufacturing, processing, preparation, storage, handling, display, transportation, sale or offering of sale of any food on or in the food premises and the distribution of food from the premises.
13(4)A person who holds a licence to operate a food premises shall keep such records in respect of the manufacturing, processing, preparation, storage, handling, display, transportation and sale or offering for sale of food on or in the food premises and the distribution of food from the food premises as are prescribed by the regulations, and shall keep the records in such form, with such detail and for such length of time as are prescribed by the regulations.
13(5)A person who holds a licence to operate a food premises shall make reports and returns as are prescribed by the regulations.
2017, c.42, s.9
Duty to operate under sanitary conditions
2017, c.42, s.10
14A person who holds a licence to operate a food premises shall ensure that food that is manufactured, processed, prepared, stored, handled or displayed on or in the premises is manufactured, processed, prepared, stored, handled or displayed under sanitary conditions.
Duty of a person who is employed on or in a food premises
2017, c.42, s.11
15A person employed on or in a food premises shall comply with the standards and requirements prescribed by the regulations for such persons.
Food unfit for human consumption
16No person shall sell or offer for sale any food that is unfit for human consumption by reason of disease, adulteration, impurity or other cause.
Milk and milk products
17(1)No person shall sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized in a dairy plant licensed by the Minister or in a plant outside New Brunswick that meets the standards and requirements for plants licensed in New Brunswick.
17(2)No person shall sell or offer for sale, deliver or distribute a milk product processed or derived from milk that has not been pasteurized or sterilized in a dairy plant that is licensed by the Minister or in a plant outside New Brunswick that meets the standards for plants licensed in New Brunswick.
17(3)Subsection (1) does not apply in respect of milk or cream that is sold, offered for sale, delivered or distributed to a plant licensed by the Minister.
17(4)In subsection (2), “milk product” means a product processed or derived in whole or mainly from milk and intended for human consumption.
Meat and meat products
18(1)No person shall sell or offer for sale any meat unless it
(a) bears the inspection legend of the Canadian Food Inspection Agency or such other jurisdiction as may be prescribed by regulation, or
(b) is from an animal slaughtered in an abattoir licensed by the Minister.
18(2)No person shall sell or offer for sale a meat product unless it is derived from meat that meets the requirements of paragraph (1)(a) or (b).
18(3)In subsection (2), “meat product” means a product processed or derived in whole or mainly from meat and intended for human consumption.
2017, c.42, s.12
Poultry meat and poultry products
19(1)No person shall sell or offer for sale any poultry meat unless it
(a) bears the inspection legend of the Canadian Food Inspection Agency or such other jurisdiction as may be prescribed by regulation, or
(b) is from poultry slaughtered in an abattoir licensed by the Minister.
19(2)No person shall sell or offer for sale a poultry product unless it is derived from poultry meat that meets the requirements of paragraph (1)(a) or (b).
19(3)In subsection (2), “poultry product” means a product processed or derived in whole or mainly from poultry meat and intended for human consumption.
2017, c.42, s.13
Seizure and destruction of food in unlicensed food premises
2017, c.42, s.14
19.1(1)A medical officer of health, a public health inspector or an agri-food inspector may seize or cause the seizure of any food that the officer or inspector believes on reasonable grounds is from a food premises that is not licensed in accordance with section 12.
19.1(2)A medical officer of health, a public health inspector or an agri-food inspector may seize or cause the seizure of any milk or milk product that the officer or inspector believes on reasonable grounds does not meet the requirements of section 17.
19.1(3)A medical officer of health, a public health inspector or an agri-food inspector may seize or cause the seizure of any meat or meat product that the officer or inspector believes on reasonable grounds does not meet the requirements of section 18.
19.1(4)A medical officer of health, a public health inspector or an agri-food inspector may seize or cause the seizure of any poultry or poultry product that the officer or inspector believes on reasonable grounds does not meet the requirements of section 19.
19.1(5)A medical officer of health, public health inspector or agri-food inspector may destroy anything seized under this section, dispose of it or cause it to be disposed of or destroyed.
2017, c.42, s.14
Public water supply system
Repealed: 2007, c.63, s.2
2007, c.63, s.2
20Repealed: 2007, c.63, s.2
2007, c.63, s.2
Public water supply system
21(1)An owner or operator of a public water supply system shall, when required by the Minister, ensure that persons who consume water from the system are provided forthwith with such information in relation to the water from the system and such other information as the Minister may require the owner or operator to provide.
21(2)A person who operates a public water supply system shall
(a) monitor the water supply for such substances and at such frequencies as may be necessary or as required by the Minister, and report the results of the monitoring as required by the Minister, and
(b) promptly notify a medical officer of health of any malfunctions or occurrences in the public water supply system that may affect the potability of the water.
2007, c.63, s.3
Subdivision assessment
Repealed: 2007, c.63, s.4
2007, c.63, s.4
22Repealed: 2007, c.63, s.5
2005, c.7, s.66; 2007, c.63, s.5
On-site sewage disposal systems
2017, c.42, s.15
23(1)No person shall install, construct, repair or replace an on-site sewage disposal system or carry out the business of installing, constructing, repairing or replacing on-site sewage disposal systems unless the person is licensed by the Minister in accordance with the regulations.
23(2)A licence referred to in subsection (1) is subject to
(a) the terms and conditions prescribed by regulation, and
(b) such additional terms and conditions the Minister considers appropriate and specifies in the licence.
23(3)A person who holds a licence referred to in subsection (1) shall furnish a public health inspector or public safety inspector with any information that he or she requests in respect of the installation, construction, repair or replacement of an on-site sewage disposal system.
23(4)A person who holds a licence referred to in subsection (1) shall keep such records in respect of the installation, construction, repair or replacement of an on-site sewage disposal system as are prescribed by regulation and shall keep such records in such form, with such detail and for such length of time as are prescribed by regulation.
23(5)A person who holds a licence referred to in subsection (1) shall make such reports and returns as are prescribed by regulation.
2017, c.42, s.16
Approval by the Minister
2017, c.42, s.17
24(1)A person shall not install or construct an on-site sewage disposal system unless the design and location of the on-site sewage disposal system is approved by the Minister.
24(2)A person shall not repair or replace an on-site sewage disposal system unless the design, location and plan for repair or replacement of the on-site sewage disposal system is approved by the Minister.
24(3)A person shall not bring into use or operation an on-site sewage disposal system without the approval of the Minister.
24(4)Where an approval is given under this section, no person shall install, construct, repair or replace, or bring into use or operation an on-site sewage disposal system other than in accordance with the approval.
24(5)An approval given under this section does not constitute a warranty.
24(6)Land shall not be deemed or found to be injuriously affected by reason only of an approval given under this section and no compensation shall be payable by reason only of an approval given under this section.
2007, c.63, s.6; 2017, c.42, s.18
Requirement to provide notice before covering a system
2017, c.42, s.19
24.01A person who holds a licence under subsection 23(1) shall give the Minister written notice that an on-site sewage disposal system is ready for inspection at least three working days before covering the system.
2017, c.42, s.19
Orders respecting on-site sewage disposal systems
2017, c.42, s.19
24.02(1)A medical officer of health, a public health inspector or a public safety inspector may issue a written order to the owner of an on-site sewage disposal system requiring the owner to uncover the on-site disposal system or a portion of the system to allow it to be inspected to determine compliance with this Act and the regulations or the approval given under section 24.
24.02(2)Subject to subsection (6), if a medical officer of health, a public health inspector or a public safety inspector determines that an on-site sewage disposal system does not comply with this Act or the regulations or does not comply with an approval given under section 24, he or she may issue a written order to the owner of the on-site sewage disposal system or to the person who holds a licence under subsection 23(1) requiring that person to take any action necessary to comply with this Act and the regulations or the approval, as the case may be, including the removal, installation, construction, repair or replacement of the on-site sewage disposal system.
24.02(3)A person to whom an order is directed under this section shall comply with the order.
24.02(4)A person shall not cover an on-site sewage disposal system that is the subject of an order made under subsection (2) until a medical officer of health, a public health inspector or a public safety inspector has inspected the system for compliance with the order.
24.02(5)A person who holds a licence under subsection 23(1) shall pay the fee prescribed by regulation for an inspection conducted under subsection (4) and for any additional inspection required until the medical officer of health, the public health inspector or the public safety inspector determines that the on-site sewage disposal system complies with this Act and the regulations and the approval given under section 24.
24.02(6)A public safety inspector shall not issue an order under subsection (2) in respect of a health hazard.
2017, c.42, s.19
Certificate of compliance
2007, c.63, s.7
24.1(1)A person who installs, constructs, repairs or replaces an on-site sewage disposal system shall provide to the owner of the system a certificate signed and dated by the person stating that the system has been installed, constructed, repaired or replaced in accordance with the approval given by the Minister under section 24 and that this Act and all applicable regulations have been complied with in respect of the installation, construction, repair or replacement.
24.1(2)A person who provides a certificate of compliance to an owner of an on-site sewage disposal system under subsection (1) shall mail a copy of the completed certificate to the Minister within ten days after the on-site sewage disposal system is covered.
2007, c.63, s.7; 2017, c.42, s.20
Water circulation systems
2022, c.12, s.2
24.2(1)No person shall operate a water circulation system unless the person holds a licence to operate a water circulation system.
24.2(2)An application for a licence to operate a water circulation system shall be made to the Minister, on a form provided by the Minister, and shall be accompanied by the documents and the fee prescribed by regulation.
2022, c.12, s.2
Duties of holder of a licence to operate a water circulation system
2022, c.12, s.2
24.3(1)A holder of a licence to operate a water circulation system shall operate and maintain the water circulation system in accordance with the standards and requirements prescribed by regulation.
24.3(2)A licence to operate a water circulation system is subject to
(a) the terms and conditions prescribed by regulation, and
(b) any additional terms and conditions that the Minister considers appropriate.
24.3(3)A holder of a licence to operate a water circulation system shall provide a medical officer of health or an inspector with any information they request in respect of the operation and maintenance of the water circulation system.
24.3(4)A holder of a licence to operate a water circulation system shall maintain, in the form and manner and for the period of time prescribed by regulation, the records and documents prescribed by regulation containing the information prescribed by regulation.
24.3(5)On the request of the Minister, a holder of a licence to operate a water circulation system shall deliver to the Minister any of the records or documents that the holder is required to maintain.
24.3(6)A holder of a licence to operate a water circulation system shall,
(a) in the manner, with the frequency and within the time prescribed by regulation, monitor the water in the water circulation system for the presence or introduction into the water of any parameter prescribed by regulation and submit to the Minister, in the manner and within the time prescribed by regulation, a report of the results of the monitoring containing the information prescribed by regulation, and
(b) if applicable, notify without delay a medical officer of health that the water in the water circulation system contains Legionella bacteria in a quantity or concentration that is equal to or greater than the quantity or concentration prescribed by regulation.
2022, c.12, s.2
Community placement resources, child and youth care resources and early learning and childcare facilities
2010, c.E-0.5, s.68; 2023, c.36, s.31
25(1)The following definitions apply in this section.
“community placement resource” means a community placement resource as defined in section 23 of the Family Services Act.(centre de placement communautaire)
“child and youth care resource” means a child and youth care resource as defined in section 1 of the Child and Youth Well-Being Act.(centre de ressources pour enfants et jeunes)
25(2)A person who operates a community placement resource, a child and youth care resource or an early learning and childcare facility shall comply with the lighting, sanitation, ventilation and other general health standards established by the Minister.
2010, c.E-0.5, s.68; 2017, c.42, s.21; 2023, c.36, s.31
Appropriation of real property in emergencies
26(1)Where the Minister is of the opinion that a public health emergency exists and any land or building is required for the purpose of responding to that emergency, the Minister may, subject to the approval of the Lieutenant-Governor in Council, take possession of the land or building without the consent of the owner or occupant and may retain possession for such period that the Minister considers necessary.
26(2)The Minister shall, before restoring the possession of the building to the owner, cleanse and disinfect it and put it in the same state of repair as it was in when possession was taken, and shall give notice to the owner that this has been done.
26(3)The Minister shall pay to the owner a reasonable sum for the use of the land or building.
26(4)The compensation to be paid for such use or possession, if not agreed upon, may be summarily determined by a judge of The Court of King’s Bench of New Brunswick, upon application of either party and after reasonable notice to the other party.
26(5)Where a person resists the taking of possession under this section, a judge of The Court of King’s Bench of New Brunswick may without notice issue a warrant to the sheriff for the judicial district where the property is situated, or to any other person as the judge considers necessary to put the Minister, his servants or agents in possession.
26(6)Where possession is taken without the consent of the owner, the Minister shall within ten days notify the owner.
26(7)Where the owner is not known or is not resident in the Province or if his residence is unknown, the notice shall be published in The Royal Gazette, and also published for two insertions in some newspaper, if any, published in the district where the premises are situate, and a copy of the notice shall be mailed by registered letter prepaid to the owner at his latest known place of residence, if any, in the Province, and such publication and mailing shall be sufficient notice to the owner.
2005, c.Q-3.5, s.19; 2023, c.17, s.219
III
NOTIFIABLE DISEASES
2017, c.42, s.22
Declaration of notifiable disease
2007, c.63, s.8; 2017, c.42, s.23
26.1(1)If the Minister is of the opinion that a public health emergency exists or may exist as a result of a disease that is not prescribed by regulation as a notifiable disease, the Minister may make an order declaring the disease to be a notifiable disease.
26.1(1.1)If the chief medical officer of health is of the opinion that a public health emergency exists or may exist as a result of a disease that is not prescribed by regulation as a notifiable disease, the chief medical officer of health may make an order declaring the disease to be a notifiable disease.
26.1(2)The Minister shall publish an order made under subsection (1) by posting the order on the Government of New Brunswick website.
26.1(2.1)The chief medical officer of health shall publish an order made under subsection (1.1) by posting the order on the Government of New Brunswick website.
26.1(3)An order made under subsection (1) or (1.1) is effective upon publication and for a period of six months after the date on which the order is first published, or until the order is revoked, whichever first occurs.
2007, c.63, s.8; 2017, c.42, s.24; 2022, c.25, s.1
Report by certain professionals
2017, c.42, s.25
27(1)A medical practitioner, nurse practitioner, midwife or nurse shall report to a medical officer of health or a person designated by the Minister if, while providing professional services to a person who is not a patient in or an out-patient of a hospital facility or a resident of an institution, he or she has reasonable grounds to believe that the person
(a) has or may have a notifiable disease or is or may be infected with an agent of a notifiable disease,
(b) has or may be affected by an injury or risk factor prescribed by regulation, or
(c) has suffered a notifiable event prescribed by regulation.
27(2)A report under subsection (1) shall be made in accordance with the regulations.
2002, c.23, s.10; 2011, c.26, s.4; 2017, c.42, s.26
Report by certain professions if directive issued
2017, c.42, s.27
27.1(1)In this section, “specified” means specified in a written directive.
27.1(2)The chief medical officer of health may issue written directives to pharmacists requiring them to report to a medical officer of health or a person designated by the chief medical officer of health if, while providing professional services to a person, a pharmacist has reasonable grounds to believe that the person has or may have experienced or displayed any specified sign or symptom related to a specified notifiable disease, event or risk factor.
27.1(3)The chief medical officer of health may issue written directives requiring pharmacists to report to a medical officer of health or a person designated by the chief medical officer of health on the sale of specified prescription medications.
27.1(4)The chief medical officer of health may issue written directives to veterinarians requiring them to report to a medical officer of health or a person designated by the chief medical officer of health if, while providing veterinary medicine to an animal, a veterinarian has reasonable grounds to believe that the animal has or may have experienced or displayed any specified sign or symptom in any specified circumstance that relates to any specified condition that may create a risk to human health.
27.1(5)The chief medical officer of health may issue written directives to coroners requiring them to report to a medical officer of health or a person designated by the chief medical officer of health if a coroner has reasonable grounds to believe that a deceased person
(a) had or may have had a specified notifiable disease or was or may have been infected with an agent of a specified notifiable disease,
(b) had been or may have been affected by a specified injury or a risk factor, or
(c) had suffered a specified notifiable event.
27.1(6)A directive made under this section is effective for the period specified or, if no period is specified, until revoked by the chief medical officer of health.
2017, c.42, s.27
Report by a person in charge of an institution
2017, c.42, s.28
28A person in charge of an institution shall report, in accordance with the regulations, to a medical officer of health or a person designated by the Minister if he or she has reasonable grounds to believe
(a) that a person under his or her custody or control
(i) has or may have a notifiable disease or is or may be infected with an agent of a notifiable disease,
(ii) has or may be affected by an injury or a risk factor prescribed by regulation, or
(iii) has suffered a notifiable event prescribed by regulation; or
(b) that a deceased person who had been under his or her custody or control before the person’s death
(i) had or may have had a notifiable disease or was or may have been infected with an agent of a notifiable disease,
(ii) had been or may have been affected by an injury or a risk factor prescribed by regulation, or
(iii) had suffered a notifiable event prescribed by regulation.
2017, c.42, s.29
Report by a principal or an operator
2017, c.42, s.30
29The principal of a school or the operator of an early learning and childcare facility who believes on reasonable grounds that a pupil in the school or a child in the facility, as the case may be, has or may have measles, meningitis, mumps, pertussis, rubella, an Escherichia coli infection or other diseases or conditions specified by the regulations shall report, in accordance with the regulations, to a medical officer of health or a person designated by the Minister.
2007, c.63, s.9; 2010, c.E-0.5, s.68; 2017, c.42, s.31
Report by a regional health authority
2017, c.42, s.32
30The chief executive officer of a regional health authority, or a person designated by the chief executive officer, shall report, in accordance with the regulations, to a medical officer of health or a person designated by the Minister if an entry in the records of a hospital facility operated by the regional health authority states
(a) that a person who is a patient in or an out-patient of the hospital facility
(i) has or may have a notifiable disease or is or may be infected with an agent of a notifiable disease,
(ii) has or may be affected by an injury or a risk factor prescribed by regulation, or
(iii) has suffered a notifiable event prescribed by regulation; or
(b) that a deceased person who had been a patient in or an out-patient of the hospital facility before that person’s death
(i) had or may have had a notifiable disease or was or may have been infected with an agent of a notifiable disease,
(ii) had been or may have been affected by an injury or a risk factor prescribed by regulation, or
(iii) had suffered a notifiable event prescribed by regulation.
2002, c.1, s.19; 2017, c.42, s.33
Report of aggregate data on request
2017, c.42, s.34
30.1(1)On the request of a medical officer of health, the chief executive officer of a regional health authority, or a person designated by the chief executive officer, shall report the following information:
(a) the total number of tests conducted for any notifiable disease specified in the request,
(b) the total number of positive results of tests conducted for any notifiable disease specified in the request, or
(c) both numbers referred to in paragraphs (a) and (b).
30.1(2)A report under subsection (1) shall be submitted to the medical officer of health within the period of time specified in the request and contain information for the period of time specified in the request.
2017, c.42, s.34
Duty to report contacts
2002, c.23, s.10; 2017, c.42, s.35
31A medical practitioner, nurse practitioner, midwife or nurse shall, in accordance with the regulations, report the person’s contacts related to a notifiable disease or notifiable event prescribed by regulation to a medical officer of health or person designated by the Minister, if the medical practitioner, nurse practitioner, midwife or nurse
(a) provides professional services to a person who has a notifiable disease prescribed by regulation or has suffered a notifiable event prescribed by regulation, or
(b) provided professional services to a deceased person before that person’s death and that person had a notifiable disease prescribed by regulation or had suffered a notifiable event prescribed by regulation.
2002, c.23, s.10; 2007, c.63, s.10; 2011, c.26, s.4; 2017, c.42, s.36
Duty to report refusal or neglect of treatment
2017, c.42, s.37
32A medical practitioner or nurse practitioner shall report to a medical officer of health, in accordance with the regulations, if a person who is under the care and treatment of the medical practitioner or the nurse practitioner in respect of a Group I notifiable disease refuses or neglects to continue the treatment in a manner and to a degree satisfactory to the medical practitioner or the nurse practitioner, as the case may be.
2017, c.42, s.38
Order respecting notifiable disease – individual
2017, c.42, s.39; 2022, c.25, s.2
33(1)Subject to subsection (2), a medical officer of health by a written order may require a person to take or refrain from taking any action that is specified in the order in respect of a notifiable disease.
33(2)A medical officer of health may make an order under this section if the medical officer of health believes on reasonable grounds,
(a) that a notifiable disease exists or may exist in a health region,
(b) that the notifiable disease presents a risk to health in the health region, and
(c) that the requirements specified in the order are necessary to prevent, decrease or eliminate the risk to health presented by the notifiable disease.
33(3)In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order.
33(4)An order may provide for any action that the medical officer of health considers necessary to prevent, decrease or eliminate the risk to health presented by a notifiable disease, including requiring any person that the order states has or may have a notifiable disease or is or may be infected with an agent of a notifiable disease to do any or all of the following without delay:
(a) isolate themselves and remain in isolation from other persons;
(b) submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the person has a notifiable disease or is infected with an agent of a notifiable disease;
(c) place themselves under the care and treatment of a medical practitioner or a nurse practitioner; or
(d) conduct themselves in such a manner as not to expose another person to infection.
33(5)An order under this section is not effective unless the reasons for the order are set out in the order.
33(6)Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the risk to the health of any person presented by the notifiable disease, a medical officer of health may make the order orally and subsection (5) does not apply.
33(7)Where an oral order is made under this section, the contents of the order and the reasons for the order shall be put into writing and served on each person to whom the order was directed as soon as possible after making of the oral order, but a failure to comply with this subsection does not invalidate the order.
33(8)A person to whom an order is directed under this section shall comply with the order.
2017, c.42, s.40; 2022, c.25, s.3
Order respecting notifiable disease – premises, event or activity
2022, c.25, s.4
33.1(1)Subject to subsection (2), the chief medical officer of health may, by written order, require an owner or occupier of a premises or a person responsible for a recreational, sporting or cultural activity or event to take or to refrain from taking any action that is specified in the order in respect of a notifiable disease.
33.1(2)The chief medical officer of health may make an order if the chief medical officer of health has reasonable grounds to believe
(a) that a notifiable disease exists or may exist in a health region,
(b) that the notifiable disease presents a risk to health in the health region, and
(c) that the requirements specified in the order are necessary to prevent, decrease or eliminate the risk to health presented by the notifiable disease.
33.1(3)The chief medical officer of health shall specify in the order the date on which the order takes effect and the period during which it is in effect, which shall not exceed 14 days.
33.1(4)An order may provide for any action that the chief medical officer of health considers necessary to prevent, decrease or eliminate the risk to health presented by the notifiable disease.
33.1(5)An order is not effective unless the reasons for the order are set out in the order.
33.1(6)If the delay necessary to put an order in writing will or is likely to increase substantially the risk to the health of any person presented by the notifiable disease, the chief medical officer of health may make the order orally and subsection (5) does not apply.
33.1(7)When an order is made orally, the contents of the order and the reasons for the order shall, as soon as possible, be put into writing and served on each person to whom the order was directed, but a failure to comply with this subsection does not invalidate the order.
33.1(8)A person to whom an order is directed shall comply with the order.
2022, c.25, s.4
Order respecting Group I notifiable disease – class of persons
2022, c.25, s.4
33.2(1)Subject to subsection (2), the Minister may, by written order, require any class of persons, including classes of individuals, bodies corporate, associations and non-profit or for profit organizations, to take or to refrain from taking any action that is specified in the order in respect of a Group I notifiable disease.
33.2(2)The Minister may make an order if the Minister has reasonable grounds to believe
(a) that a Group I notifiable disease exists or may exist in the province,
(b) that the Group I notifiable disease presents a risk to health in the province, and
(c) that the requirements specified in the order are necessary to prevent, decrease or eliminate the risk to health presented by the Group I notifiable disease.
33.2(3)The Minister shall specify in the order the date on which the order takes effect and the period during which it is in effect, which shall not exceed 14 days.
33.2(4)An order may provide for any action that the Minister considers necessary to prevent, decrease or eliminate the risk to health presented by the Group I notifiable disease, including
(a) directing the closure of a public place,
(b) restricting or prohibiting public gatherings in a health region,
(c) restricting travel to or from a health region, and
(d) in the event that an order is directed to a class of individuals who have or may have a Group I notifiable disease or are or may be infected with an agent of a Group I notifiable disease, requiring each member of the class to do any or all of the following without delay:
(i) isolate themselves and remain in isolation from other persons;
(ii) submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the individual has a Group I notifiable disease or is infected with an agent of a Group I notifiable disease;
(iii) place themselves under the care and treatment of a medical practitioner or a nurse practitioner; or
(iv) conduct themselves in such a manner as not to expose another person to infection.
33.2(5)An order is not effective unless the reasons for the order are set out in the order.
33.2(6)The Minister shall publish the order by posting the order on the Government of New Brunswick website.
33.2(7)A member of the class of persons to whom an order is directed shall comply with the order.
2022, c.25, s.4
Order in respect of person under 16 years of age
2022, c.25, s.5
34(1)When an order made by a medical officer of health under section 33 is directed to a person under 16 years of age and is served on a parent of or a person who has the lawful custody, care or control of the person under 16 years of age, the parent or the person who has the lawful custody, care or control of the person under 16 years of age shall ensure that the order is complied with.
34(2)In the event that a person under 16 years of age is a member of a class of persons to whom an order made by the Minister under section 33.2 is directed, a parent of or a person who has the lawful custody, care or control of the person under 16 years of age shall ensure that the order is complied with.
2017, c.42, s.41; 2022, c.25, s.6
Effect of order
35The making of an order under section 33, 33.1 or 33.2 in relation to a notifiable disease shall not affect the validity or force of any other order that is made under this Act, whether before, during or after the making of that order or taking of that action.
2017, c.42, s.42; 2022, c.25, s.7
Agreement re detention at other location
2022, c.25, s.8
35.1If, in the opinion of the Minister, the use of a location is necessary to prevent, decrease or eliminate the risk to health presented by a Group I notifiable disease, the Minister may enter into an agreement with any person respecting
(a) the detention at any location the Minister considers appropriate a person who is subject to an order under section 36 or 41, and
(b) the provision of any service the Minister considers appropriate with respect to the detention of the person.
2022, c.25, s.8
Order of court to detain, examine or treat a person
36(1)A medical officer of health may make an application to the court for an order under this section if a person has failed to comply with an order in respect of a Group I notifiable disease by the medical officer of health under section 33 or by the Minister under 33.2 requiring the person to do any or all of the following without delay:
(a) isolate themselves and remain in isolation from other persons;
(b) submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the person has a Group I notifiable disease or is infected with an agent of a Group I notifiable disease;
(c) place themselves under the care and treatment of a medical practitioner or a nurse practitioner; or
(d) conduct themselves in such a manner as not to expose another person to infection.
36(2)If the court is satisfied that a person has failed to comply with an order referred to in subsection (1), the court may order any or all of the following:
(a) that the person be taken into custody and admitted to and detained in a hospital facility or other location or other location named in the order;
(b) that the person be examined by a medical practitioner or a nurse practitioner to ascertain whether or not a person is infected with an agent of a Group I notifiable disease; and
(c) that the person, if found on examination to be infected with an agent of a Group I notifiable disease, be treated for the disease.
36(3)An application under subsection (1) may be made ex parte and where so made the court may make an interim order under subsection (2).
36(4)Where an interim order for detention is made under this section, the medical officer of health shall apply to the court for an order regarding the person who is the subject of the interim order forthwith after the person is detained and the court shall hold a hearing within seventy-two hours after such application is made.
36(5)An application heard under this section shall be heard in private, but if the person in respect of whom the application is made requests otherwise by a notice filed with the court before the day of the hearing, the court may conduct the hearing in public.
36(6)An order under this section is sufficient authority for any person to locate and apprehend the person who is the subject of the order and to deliver that person to the hospital facility or the other location named in the order.
36(7)An order under this section may be directed to any peace officer and the peace officer shall do all things reasonably able to be done to locate, apprehend and deliver the person in accordance with the order.
36(8)A person who apprehends a person who is the subject of an order under this section shall promptly
(a) inform the person of the reasons for the detention and of the person’s right to retain and instruct counsel without delay, and
(b) tell the person where the person is being taken.
36(9)An order for detention under this section is sufficient authority for a period of not more than three months from the day the order is issued
(a) to detain the person who is the subject of the order in the hospital facility or the other location named in the order, and
(b) in the event that the person is detained in a hospital facility to care for the person and, when ordered, to examine and treat the person for the Group I notifiable disease in accordance with generally accepted medical practices.
2017, c.42, s.43; 2022, c.25, s.9
Responsibility for detained person
2022, c.25, s.10
37The chief executive officer of a regional health authority, or a person designated by the chief executive officer, shall designate a medical practitioner or a nurse practitioner to have responsibility for the person named in an order made under section 36 and who is delivered to a hospital facility operated by the regional health authority.
2002, c.1, s.19; 2022, c.25, s.11
Report respecting detained person
2022, c.25, s.12
38The medical practitioner or the nurse practitioner responsible for a person named in an order made under section 36 shall report in respect of the treatment and the condition of the person to the medical officer of health in the health region in which the hospital facility is located and in the manner, at the times and with the information specified by the medical officer of health.
2022, c.25, s.13
Extension of period of detention
39Where upon application of the medical officer of health for the health region in which the hospital facility or the other location named in the order is located, the court is satisfied
(a) that the person continues to be infected with an agent of a Group I notifiable disease, and
(b) that the discharge of the person from the hospital facility or the other location would present a significant risk to the health of the public,
the court may by order extend the period of detention for not more than three months, and upon further applications by the medical officer of health, the court may extend the period of detention and treatment for further periods, each of which shall not be for more than three months.
2017, c.42, s.44; 2022, c.25, s.14
Release from detention
40(1)A person detained in accordance with an order made under section 36 shall be released from detention upon the certificate of the medical officer of health for the health region in which the hospital facility or the other location named in the order is located.
40(2)A medical officer of health shall inform themselves as to the treatment and condition of the person and shall issue a certificate authorizing the release from detention as soon as the medical officer of health is of the opinion that the person is no longer infected with an agent of the Group I notifiable disease or that the release from detention of the person will not present a significant risk to the health of the public.
2017, c.42, s.45; 2022, c.25, s.15
Order for detention by medical officer of health
41(1)A medical officer of health may order that a person be detained if there are exigent circumstances that make it impracticable to make an application to the court for an order under section 36 and the person has failed to comply with an order in respect of a Group I notifiable disease by the medical officer of health under section 33 or by the Minister under 33.2 requiring the person to do any or all of the following without delay:
(a) isolate themselves and remain in isolation from other persons;
(b) submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the person has a Group I notifiable disease or is infected with an agent of a Group I notifiable disease;
(c) place themselves under the care and treatment of a medical practitioner or a nurse practitioner; or
(d) conduct themselves in such a manner as not to expose another person to infection.
41(2)An order for detention issued under this section is not effective unless dated and signed by the medical officer of health.
41(3)An order for detention issued under this section is valid for twenty-four hours after it is signed.
41(4)An order for detention issued under this section is sufficient authority for any person to locate and apprehend the person who is the subject of the order and to deliver that person to the hospital facility or the other location named in the order.
41(5)An order under this section may be directed to any peace officer and the peace officer shall do all things reasonably able to be done to locate, apprehend and deliver the person in accordance with the order.
41(6)A person who apprehends a person who is the subject of an order for detention issued under this section shall promptly
(a) inform the person of the reasons for the detention and of the person’s right to retain and instruct counsel without delay, and
(b) tell the person where the person is being taken.
41(7)An order for detention issued under this section is sufficient authority for a period not exceeding 72 hours
(a) to detain the person who is the subject of the order in the hospital facility or the other location named in the order, and
(b) in the event that the person is detained in a hospital facility to care for the person and, when ordered, to examine and treat the person for the Group I notifiable disease in accordance with generally accepted medical practices.
41(8)A medical officer of health shall file an application for an order of the court under section 36 respecting a person who has been detained under this section forthwith after the person has been detained and the court shall hold a hearing within seventy-two hours after the application is filed.
41(9)An application filed with the court for an order under section 36 is sufficient authority
(a) for a peace officer or any other person to take the person who is the subject of the application to the court for a determination of the application, and
(b) pending a determination of the application, for the administrator or person in charge of the hospital facility or the other location named in an order made under this section
(i) to detain the person who is the subject of the application in the hospital facility or the other location, and
(ii) in the event that the person is detained in a hospital facility to care for the person and, when ordered, to examine and treat the person for the Group I notifiable disease in accordance with generally accepted medical practices.
2017, c.42, s.46; 2022, c.25, s.16
Where person withdraws from treatment
42When a medical officer of health or the Minister makes an order in respect of a Group I notifiable disease requiring a person to place themselves under the care and treatment of a medical practitioner or a nurse practitioner or take any other action specified in the order and the person withdraws from the care and treatment or fails to continue the specified action, sections 36 to 41 apply with the necessary modifications and the person shall be deemed to have failed to comply with the order.
2017, c.42, s.47; 2022, c.25, s.17
Transmission of information
2019, c.22, s.2
42.01The chief medical officer of health or the medical officer of health who receives a report, issues a written directive, makes an order or makes an application to the court for an order under sections 27 to 42 shall disclose the information contained in the report, directive or order to the Minister in a manner the Minister considers appropriate.
2019, c.22, s.2
Requirement for proof of immunization
2017, c.42, s.48
42.1(1)In order to attain proof of immunization for a disease prescribed by regulation, the superintendent of the school district, through the principal of a school, shall require from the parent or legal guardian of a child attending school in the Province for the first time the following information:
(a) the name, date of birth and the Medicare number of the child if the principal of the school reasonably believes that the information in respect of the child is included in the immunization registry established by the Minister under section 42.3, or
(b) any other proof of immunization if the principal of the school reasonably believes that the information in respect of the child is not included in the immunization registry established by the Minister under section 42.3.
42.1(2)The operator of an early learning and childcare facility shall require that proof of immunization is provided to him or her for any disease prescribed by regulation for a child attending that facility.
42.1(3)Despite subsections (1) and (2), proof of immunization is not required if the parent or legal guardian of a child provides the following:
(a) a medical exemption, on a form provided by the Minister, that is signed by a medical practitioner or nurse practitioner, or
(b) a written statement, on a form provided by the Minister and signed by the parent or legal guardian, of his or her objections to the immunizations.
42.1(4) A District Education Council, through the superintendent of the school district, shall provide the Minister of Education and Early Childhood Development with any information received under subsection (1) and any medical exemption or written statement provided under subsection (3).
42.1(5)The Minister of Education and Early Childhood Development shall forward to the Minister any information received under subsection (4).
42.1(6)After having reviewed the information received under subsection (4) and the immunization registry established by the Minister, the Minister, through the chief medical officer of health or the medical officer of health, shall disclose to the principal of a school the immunization status of each child.
2010, c.E-0.5, s.68; 2017, c.42, s.48; 2019, c.22, s.2
Notifiable disease registry
2019, c.22, s.2
42.2The Minister shall establish and maintain a notifiable disease registry that contains the information prescribed by regulation and any other information that the Minister considers necessary.
2019, c.22, s.2
Immunization registry
2019, c.22, s.2
42.3The Minister shall establish and maintain an immunization registry that contains the information prescribed by regulation and any other information that the Minister considers necessary.
2019, c.22, s.2
IV
ENFORCEMENT AND PENALTIES
Rights of entry and inspections
43(1)A medical officer of health or an inspector may, for the purpose of this Act, for the purpose of ensuring compliance with any provision of this Act or the regulations or for the purpose of exercising a power or carrying out of a duty under this Act or the regulations, do any of the following:
(a) enter and have access to, through or over any premises;
(b) make inspections, examinations, tests and inquiries;
(c) make or require the making of copies or extracts of documents or records related to an examination, inspection, test or inquiry;
(d) take or require the taking of samples related to an inspection, examination, test or inquiry;
(e) require the production of any substance, thing, plant or animal other than a human for the purpose of an inspection, examination, test or inquiry;
(f) make or cause to be made any necessary excavations for the purposes of an inspection, examination, test or inquiry;
(g) require that any thing be dismantled, operated, used or set in motion under specified conditions for the purposes of an inspection, examination, test or inquiry.
43(2)The authority under subsection (1) shall be exercised only at reasonable times.
43(3)A medical officer of health or an inspector shall not enter a private dwelling under subsection (1) unless the officer or inspector
(a) has the consent of the occupier,
(b) has obtained a warrant under the Entry Warrants Act, or
(c) is acting in an emergency situation.
43(4)Before or after attempting to enter or have access to, through or over any premises for a purpose mentioned in subsection (1), a medical officer of health or an inspector may apply to a judge for an entry warrant under the Entry Warrants Act.
43(5)A medical officer of health or an inspector may request the assistance of a peace officer for the purposes of subsection (1) and the peace officer shall assist the officer or inspector.
2017, c.42, s.49
Removal of documents
44(1)A medical officer of health or an inspector may remove documents or records from a premises for a purpose mentioned in subsection 43(1) and may make a copy or extract of them or any part of them and shall give a receipt to the occupier for the documents or records so removed.
44(2)Where documents or records are removed from a premises, they shall be returned to the occupier as soon as possible after the making of the copies or extracts.
44(3)A copy or extract of any document or record related to an inspection, examination, test or inquiry and purporting to be certified by a person referred to in subsection 43(1), is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof on the appointment, authority or signature of the person purporting to have certified the copy.
2017, c.42, s.50
Other persons may accompany officer or inspector
2017, c.42, s.51
45A medical officer of health or an inspector may be accompanied by other persons for any purpose mentioned in subsection 43(1) and the persons may carry out inspections, examinations, tests and inquiries and take such samples or do such other things as directed by the officer or inspector.
2017, c.42, s.52
Duty to assist
46An owner or occupier of a premises and any employees or agents of the owner or occupier shall give all reasonable assistance to a medical officer of health or an inspector to enable the officer or inspector to carry out his or her duties and functions under this Act and the regulations and shall furnish the officer or inspector with such information that he or she reasonably requires for purposes referred to in subsection 43(1).
2017, c.42, s.53
Obstruction
47(1)No person shall hinder or obstruct a medical officer of health or an inspector in the carrying out of the officer’s or inspector’s duties or functions under this Act and the regulations.
47(2)A refusal of consent to enter a private dwelling is not and shall not be deemed to be hindering or obstructing within the meaning of subsection (1), except where an entry warrant has been obtained.
2017, c.42, s.54
Misleading statements
48No person shall knowingly make a false or misleading statement, either orally or in writing, to a medical officer of health or an inspector while the officer or inspector is engaged in carrying out his or her duties or functions under this Act or the regulations.
2017, c.42, s.55
Analysts
49The Minister may designate persons as analysts for the purposes of this Act.
Analysts
50(1)Subject to this section, a certificate of an analyst stating that the analyst has analyzed or examined a sample submitted to the analyst by a medical officer of health or an inspector and stating the result of the analysis or examination is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.
50(2)The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for purposes of cross-examination.
50(3)A certificate shall not be received in evidence under subsection (1) unless the party intending to produce it has given reasonable notice of the intention, together with a copy of the certificate, to the party against whom it is intended to be produced.
2017, c.42, s.56
Copy of order as evidence
51A copy of an order purporting to be made by a medical officer of health, a public health inspector or a public safety inspector is, without proof of the office or signature of the medical officer of health, public health inspector or public safety inspector, as the case may be, receivable in evidence as proof, in the absence of evidence to the contrary, of the making of the order and of its contents for all purposes in any action, proceeding or prosecution.
2017, c.42, s.57
Offences
52(1)A person who violates or fails to comply with any provision of the regulations commits an offence.
52(2)A person who violates or fails to comply with a term or condition of a licence or approval commits an offence.
52(3)A person commits an offence who violates or fails to comply with an order made by a medical officer of health under section 33, an order made by the chief medical officer of health under section 33.1 or an order made by the Minister under section 33.2.
52(3.1)A person commits an offence who violates or fails to comply with an order, other than an order referred to in subsection (3), made by a medical officer of health, a public health inspector or a public safety inspector.
52(4)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
2017, c.42, s.58; 2022, c.25, s.18
Penalties
53(1)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
53(2)Where an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
Proceedings to restrain contravention of order
54Notwithstanding any other remedy or penalty, the contravention of an order made under this Act may be restrained by order of a judge of The Court of King’s Bench of New Brunswick upon application without notice by the person who made the order, the chief medical officer of health or the Minister.
2023, c.17, s.219
Proceedings to prohibit continuation or repetition of contravention
55Where any provision of the Act or the regulations is contravened, notwithstanding any other remedy or penalty imposed, the Minister may apply to a judge of The Court of King’s Bench of New Brunswick for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity in the order that, in the opinion of the judge, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of The Court of King’s Bench of New Brunswick.
2023, c.17, s.219
V
ADMINISTRATION
Administration of Act
56The Minister is charged with the administration of this Act and may designate persons to act on the Minister’s behalf.
General authority of Minister
57The Minister may protect the health and well-being of the people of New Brunswick by any means, including
(a) establishing goals for the health of the population,
(b) pursuing policies that promote and support the health of the population,
(c) facilitating public awareness of health issues and changing health needs, and
(d) monitoring and evaluating the efficiency of programs and services and their effectiveness in achieving goals established for the health of the population.
Minister may enter into agreements
2022, c.25, s.19
58(1)The Minister may, subject to the approval of the Lieutenant-Governor in Council, enter into and amend an agreement with
(a) the government of Canada or the government of a state of the United States of America or a department, agency or body under the jurisdiction of that government,
(b) the government of a province or a territory or a department, agency or body under the jurisdiction of that province or territory, or
(c) a band council as defined in the Indian Act (Canada) or a local government,
for the purpose of the organization and delivery of public health programs and services, the prevention of diseases and injuries and the promotion and protection of the health of the people of New Brunswick or any group of them.
58(2)The Minister may enter into and amend an agreement with any person for the purpose of the organization and delivery of public health programs and services, the prevention of diseases and injuries and the promotion and protection of the health of the people of New Brunswick or any group of them.
2005, c.7, s.66; 2017, c.20, s.148; 2022, c.25, s.20
Medical officers of health
59(1)The Minister shall appoint
(a) a chief medical officer of health for the Province, and
(b) a medical officer of health for each health region,
who shall be duly qualified medical practitioners and who shall perform the duties required of a medical officer of health under this Act and the regulations and such other duties as may be assigned by the Minister.
59(2)A medical officer of health is, by virtue of his or her office, a commissioner of oaths for taking affidavits to be read in The Court of King’s Bench of New Brunswick.
59(3)Notwithstanding paragraph (1)(b), a medical officer of health has the authority to act in any health region in the Province.
2023, c.17, s.219
Medical officers of health
60(1)Where the office of the chief medical officer of health is vacant or the chief medical officer of health is absent or unable to act, the Minister may appoint a medical practitioner the Minister considers qualified as an acting chief medical officer of health.
60(2)An acting chief medical officer of health shall perform the duties and has the authority, responsibilities and powers of the chief medical officer of health.
Medical officers of health
61(1)Where the office of a medical officer of health is vacant or a medical officer of health is absent or unable to act, the Minister may appoint a medical practitioner the Minister considers qualified as an acting medical officer of health.
61(2)An acting medical officer of health shall perform the duties and has the authority, responsibilities and powers of a medical officer of health.
Chief medical officer of health to monitor and report on public health
2017, c.42, s.59
61.1(1)The chief medical officer of health shall monitor the health of the population of New Brunswick and advise the Minister about public health issues, including health promotion and health protection.
61.1(2)Subject to subsection (3), the chief medical officer of health may prepare reports on any public health issue that he or she considers appropriate.
61.1(3)The chief medical officer of health shall submit a copy of any report prepared under subsection (2) to the Minister for information purposes at least 30 days before making the report public.
2017, c.42, s.59
General authority of medical officers of health to protect health and well-being
2017, c.42, s.59
61.2(1)In addition to the powers conferred or duties imposed under this Act or the regulations, a medical officer of health may take any reasonable action that is necessary to protect the health and well-being of the population of New Brunswick, including issuing public health advisories and bulletins.
61.2(2)A medical officer of health shall advise the Minister of any action taken under subsection (1), either before taking it, or as soon as the circumstances permit after taking it.
2017, c.42, s.59
Inspectors
2017, c.42, s.60
62(1)Subject to subsection (3), the Minister may appoint persons as any of the following classes of inspectors:
(a) public health inspectors;
(b) agri-food inspectors; and
(c) public safety inspectors.
62(2)A person appointed under paragraph (1)(a), (b) or (c) shall have the duties and functions assigned under this Act and the regulations under this Act and any other duties assigned by the Minister to that class of inspector.
62(3)The Minister shall not appoint a person as a public health inspector unless the person holds the certification prescribed by regulation.
62(4)Nothing in subsection (3) prevents the employment of a student who requires work experience in order to attain the certification prescribed by regulation.
2017, c.42, s.61
Certificates of appointment
63The Minister shall issue to every medical officer of health and inspector a certificate of appointment and every medical officer of health or inspector in the execution of his or her duties under this Act or the regulations shall produce his or her certificate of appointment upon request.
2017, c.42, s.62
VI
GENERAL
Immunity
64(1)No action or other proceeding for damages or otherwise shall be instituted against a medical officer of health, an acting medical officer of health, the chief medical officer of health, an acting chief medical officer of health, an inspector or the Minister or any agent, servant or employee of the Minister for any act done in good faith in the execution or intended execution of any duty or power under this Act or for any alleged neglect or default in the execution in good faith of any such duty or power.
64(2)Subsection (1) does not apply to prevent an application for judicial review.
64(3)Notwithstanding subsections 4(2) and 4(4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person referred to in subsection (1) to which the Crown would otherwise be subject and the Crown is liable under the Proceedings Against the Crown Act for any such tort as if subsection (1) had not been enacted.
2017, c.42, s.63
Collection, use and disclosure of information
2017, c.42, s.64
64.1(1)The following definitions apply in this section.
“custodian” means a custodian as defined in the Personal Health Information Privacy and Access Act.(dépositaire)
“personal health information” means personal health information as defined in the Personal Health Information Privacy and Access Act.(renseignements personnels sur la santé)
“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act.(renseignements personnels)
“public body” means public body as defined in the Right to Information and Protection of Privacy Act.(organisme public)
64.1(2)A medical officer of health may collect and use personal information or personal health information relating to an individual without the consent of the individual, if the collection and use is required to contain and prevent the spread of a notifiable disease or to mitigate risks associated with a health hazard.
64.1(3)If requested by a medical officer of health, any person, including a custodian or a public body, shall disclose to the medical officer of health personal information or personal health information relating to an individual without the consent of the individual if
(a) the disclosure is required to contain and prevent the spread of a notifiable disease, or
(b) the disclosure is required to mitigate risks associated with a health hazard.
64.1(4)If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.
2017, c.42, s.64
Protection from liability for reports
2017, s.42, s.65
65No action or other proceeding shall be instituted against a person who, in good faith, makes a report in respect of a health hazard, notifiable disease, contact, injury, risk factor or notifiable event in accordance with Part II or III.
2017, c.42, s.66
Release of information
66(1)Subject to section 64.1 and subsection (2), no person shall disclose any information that comes to the person’s knowledge in the course of carrying out responsibilities under this Act or the regulations under this Act concerning a person who
(a) has or may have a notifiable disease or is or may be infected with an agent of a notifiable disease,
(b) is or is suspected of being a contact, or
(c) is or may be affected by an injury or by a risk factor prescribed by the regulations or has suffered a notifiable event prescribed by the regulations.
66(2)A person may disclose information described in subsection (1) where the disclosure is
(a) required for purposes relating to the administration or enforcement of this Act or the regulations,
(b) required or permitted by law,
(b.1) required under section 23 of the Child and Youth Well-Being Act,
(c) required to carry out a responsibility imposed or to exercise a power conferred under this Act or the regulations,
(d) requested or approved by the person who is the subject of the information or by a parent of or a person who has the lawful custody, care or control of the person if the person is under the age of sixteen years,
(e) ordered by the Minister for the purpose of protecting the health of the public,
(f) made to a medical practitioner, nurse practitioner, midwife or nurse or in the course of consultation,
(g) Repealed: 2017, c.29, s.8
(h) in the case of information pertaining to a person under sixteen years of age, to a parent of or to a person who has the lawful custody, care or control of the person under sixteen years of age, or
(i) made in circumstances prescribed in the regulations.
1999, c.32, s.10; 2002, c.23, s.10; 2011, c.26, s.4; 2017, c.29, s.8; 2017, c.42, s.67; 2023, c.36, s.31
Service
67(1)An order, notice or other document that is to be given to or served on a person shall be sufficiently given or served
(a) if it is served in the manner in which personal service may be made under the Rules of Court,
(b) if it is mailed prepaid registered or certified mail to the last or usual address of that person,
(c) if it is mailed prepaid registered or certified mail to the last address of that person reported to the Minister under this Act or the regulations, or
(d) if it is served in any other manner prescribed by regulation.
67(2)Service by prepaid registered or certified mail shall be deemed to be effected five days after the date of the mailing.
Minister may provide forms
2017, c.42, s.68
67.1The Minister may prepare, or cause to be prepared, and provide forms for the purposes of facilitating the application and administration of this Act and the regulations.
2017, c.42, s.68
Regulations
68The Lieutenant-Governor in Council may make regulations
(a) classifying persons, organizations, food premises, premises, public water supply systems, water circulation systems, licences, places, plants, animals, things or any of them for the purposes of the regulations,
(b) exempting any person, organization, food premises, premises, public water supply system, water circulation system, on-site sewage disposal system, place, plant, animal other than man, thing, solid, liquid, gas or combination of any of them, or any class of any of them from any provision of this Act or the regulations and prescribing conditions that apply in respect of any such exemption,
(b.1) adopting, by reference, in whole or in part, with such changes as the Lieutenant-Governor in Council considers necessary, any code, standard or guide and requiring compliance with a code, standard or guide so adopted,
(c) establishing health regions within the Province and varying the boundaries of such regions,
(d) prescribing the duties of medical officers of health,
(d.1) prescribing the duties and functions of public health inspectors, agri-food inspectors and public safety inspectors,
(d.2) prescribing certifications for the purposes of subsection 62(3),
(e) respecting the construction, equipment, facilities, including sanitary facilities, operation, maintenance and alteration of food premises and prescribing standards and requirements in respect thereof,
(f) respecting notice to be given by a person who wishes to commence to operate a food premises,
(g) respecting the manufacturing, processing, preparation, storage, handling, display, transportation, sale or offering for sale of any food on or in food premises and the distribution of food from food premises and prescribing standards and requirements in respect thereof,
(h) prescribing chemical and microbiological standards for food and requiring compliance therewith,
(i) prescribing standards and requirements in respect of persons who operate food premises and in respect of persons who are employed in or on food premises,
(j) prescribing the qualifications and training of persons who operate or are employed in or on a food premises,
(k) prescribing jurisdictions for the purposes of paragraphs 18(1)(a) and 19(1)(a),
(l) prescribing records, reports and returns to be made by a person who operates a food premises and respecting the maintenance, retention and destruction of such records, reports and returns,
(m) respecting the records to be kept in respect of the source of supply, date of packaging or production and the distribution of any food,
(n) respecting the labelling, identification or coding of food and containers of food that are manufactured, processed, prepared, stored, handled, displayed, transported, sold or offered for sale on or in food premises or distributed from food premises,
(o) respecting milk tank trucks and the transportation of milk,
(p) Repealed: 2007, c.63, s.11
(q) respecting the source, construction, equipment, facilities, including sanitary facilities, used in the procurement, packaging, transportation, treatment, handling, establishment, operation and maintenance of premises used to produce bulk or bottled water for human consumption,
(r) respecting the monitoring of water supply systems and public water supply systems and the reporting of any results of such monitoring,
(s) prescribing water supply systems for the purposes of the definition “public water supply system”,
(t) respecting the plans, specifications and other information to be submitted in respect of the establishment, operation or alteration of a public water supply system and respecting the records to be kept by a person who operates a public water supply system,
(u) respecting the use and treatment of water used for recreational and therapeutic purposes,
(v) Repealed: 2007, c.63, s.11
(w) Repealed: 2007, c.63, s.11
(x) Repealed: 2007, c.63, s.11
(y) respecting on-site sewage disposal systems, including without limiting the generality of the foregoing, approvals, inspections, repairs, replacements and suitable lot sizes,
(z) prescribing records, reports and returns to be made by a person who is licensed under section 23 and respecting the maintenance, retention and destruction of such records, reports and returns,
(z.1) prescribing water systems for the purposes of the definition “water circulation system”,
(z.2) respecting water circulation systems, including the construction, maintenance, sanitary management, alteration, repair and operation of water circulation systems and ancillary equipment and facilities,
(z.3) respecting the plumbing, inspection, supervision, cleaning, drainage, closure, ventilating and disinfecting of water circulation systems,
(z.4) prescribing standards and requirements for the purposes of subsection 24.3(1),
(z.5) prescribing the records and documents to be maintained by a holder of a licence to operate a water circulation system, including
(i) the form and manner in which they shall be maintained,
(ii) the information they shall contain, and
(iii) the period for which they shall be retained,
(z.6) respecting the monitoring of water in water circulation systems for the purposes of paragraph 24.3(6)(a), including
(i) prescribing the manner, frequency and time of monitoring, and
(ii) prescribing the parameters to be monitored,
(z.7) respecting the submission of reports of the results of the monitoring referred to in paragraph (z.6), including
(i) prescribing the time and manner in which the reports shall be submitted, and
(ii) prescribing the contents of the reports,
(z.8) prescribing quantities or concentrations of Legionella bacteria for the purposes of paragraph 24.3(6)(b),
(aa) Repealed: 2017, c.42, s.69
(bb) respecting applications for licences and approvals and the issuance, transfer, suspension, revocation and reinstatement of licences and approvals,
(cc) respecting fees to be paid with applications for licences or approvals and upon the transfer or reinstatement of licences,
(dd) respecting the construction, maintenance, equipment, sanitary management, alteration, repair and use of swimming pools, saunas, hot tubs, whirlpools and water slides and ancillary equipment and facilities,
(ee) respecting the inspection, supervision, cleansing, purifying, plumbing, drainage, closure, ventilating and disinfecting of swimming pools, saunas, hot tubs, whirlpools and water slides,
(ff) respecting the equipment, design and maintenance of playgrounds,
(gg) respecting the immune status of persons who work in health care facilities and food premises,
(hh) prescribing places for the purposes of the definition “institution”,
(ii) prescribing diseases for the purposes of the definitions “notifiable disease” and “Group I notifiable disease”,
(jj) respecting the reporting of notifiable diseases, agents of notifiable diseases and contacts,
(jj.1) specifying diseases or conditions for the purposes of section 29,
(jj.2) respecting the reporting of diseases or conditions referred to in section 29,
(kk) prescribing injuries, risk factors and notifiable events and respecting reports to be made in respect of them,
(ll) respecting the reporting of cases of human contact with animals that have or may have diseases that adversely affect the health of any person,
(mm) respecting the destruction, testing of or quarantine of animals that may have diseases that adversely affect the health of persons,
(nn) respecting the control of notifiable diseases,
(oo) respecting the vaccination of residents of the Province,
(pp) respecting the reporting of immunizations by medical practitioners, nurse practitioners, midwives and nurses,
(qq) respecting the supply of vaccines, serums, drugs and biological preparations,
(rr) prescribing fees for any good or service provided under this Act or the regulations,
(ss) prescribing the manner in which an order, notice or document may be given or served,
(tt) prescribing the circumstances under which information may be disclosed for the purposes of paragraph 66(2)(i),
(uu) prescribing any matter referred to in this Act as prescribed by the regulations,
(vv) defining words used in this Act but not defined.
(ww) Repealed: 2017, c.42, s.69
2002, c.23, s.10; 2007, c.63, s.11; 2011, c.26, s.4; 2017, c.42, s.69; 2019, c.12, s.32; 2022, c.12, s.3
Transition
69(1)The person who was appointed and held the position of the chief medical officer under the Health Act immediately before the commencement of this section shall be deemed to have been appointed as the chief medical officer of health under this Act.
69(2)The persons who were appointed and held the positions of district medical health officers under the Health Act immediately before the commencement of this section shall be deemed to have been appointed as medical officers of health under this Act.
69(3)Subsections (1) and (2) apply with the necessary modifications to an acting chief medical officer of health and an acting medical officer of health.
69(4)The persons who were appointed and held the positions of officers under the Health Act immediately before the commencement of this section shall be deemed to have been appointed as public health inspectors under this Act.
Transition
70(1)Any licence or approval that was issued under the Health Act that was in force immediately before the commencement of this section shall be deemed to be a licence or approval issued under this Act and is valid until it expires, unless it is suspended or revoked under this Act or the regulations.
70(1.1)A licence issued under section 4 or 8 of the Fish Inspection Act that was in force immediately before the commencement of this section shall be deemed to be a licence issued under section 12 and is valid until it expires, unless it is suspended or revoked under this Act or the regulations.
70(2)Notwithstanding subsection (1), an approval issued in respect of the installation of an on-site sewage disposal system that was issued before the commencement of this section expires one year after the commencement of this section.
70(3)An application for a licence or approval that was commenced under the Health Act or Fish Inspection Act but not completed before the commencement of this section shall be dealt with and completed under this Act and the regulations.
2007, c.63, s.12
Transition
71(1)Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or document, reference is made to the Health Act, it shall be read, unless the context otherwise requires, as a reference to this Act.
71(2)Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or document, reference is made to a health district, it shall be read, unless the context otherwise requires, as a reference to a health region.
71(3)Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or document, reference is made to the Chief Medical Officer, it shall be read, unless the context otherwise requires, as a reference to the chief medical officer of health.
71(4)Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or document, reference is made to a medical health officer or district medical health officer it shall be read, unless the context otherwise requires, as a reference to a medical officer of health.
Consequential
Repealed: 2007, c.63, s.13
2007, c.63, s.13
72Repealed: 2007, c.63, s.14
2007, c.63, s.14
Repeal of Health Act and regulations
2007, c.63, s.15
73(1)The Health Act, chapter H-2 of the Revised Statutes of New Brunswick, 1973, is repealed.
73(2)An Act to Amend the Health Act, chapter 24 of the Acts of New Brunswick, 1987, is repealed.
73(3)An Act to Amend the Health Act, chapter 58 of the Acts of New Brunswick, 1991, is repealed.
73(4)New Brunswick Regulation 88-200 under the Health Act is repealed.
73(5)New Brunswick Regulation 88-201 under the Health Act is repealed.
73(6)Any Orders in Council or regulations made under the Health Act, chapter 59 of the Revised Statutes, 1927, and in force immediately before the commencement of this section are revoked or repealed, as the case may be, on the commencement of this section.
2007, c.63, s.16
Repeal of Fish Inspection Act and regulations
2007, c.63, s.17
73.1(1)The Fish Inspection Act, chapter F-18 of the Revised Statutes, 1973, is repealed.
73.1(2)New Brunswick Regulation 84-24 under the Fish Inspection Act is repealed.
2007, c.63, s.17
Repeal of Radiological Health Protection Act and regulations
2007, c.63, s.17
73.2(1)The Radiological Health Protection Act, chapter R-0.1, of the Acts of New Brunswick, 1987, is repealed.
73.2(2)New Brunswick Regulation 92-10 under the Radiological Health Protection Act is repealed.
73.2(3)New Brunswick Regulation 92-11 under the Radiological Health Protection Act is repealed.
73.2(4)New Brunswick Regulation 92-12 under the Radiological Health Protection Act is repealed.
2007, c.63, s.17
Repeal
74The Venereal Disease Act, chapter V-2 of the Revised Statutes, 1973, is repealed.
Commencement
75This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.
SCHEDULE A
    Column I
Column II
      Section
Category of Offence
4(2)..............
C
6(11).............. 
C
12(1).............. 
C
13(1).............. 
D
13(3).............. 
D
13(4).............. 
D
13(5).............. 
D
14.............. 
D
15.............. 
E
16.............. 
D
17(1).............. 
I
17(2).............. 
I
18(1).............. 
I
18(2).............. 
E
19(1).............. 
E
19(2).............. 
E
21(1).............. 
E
21(2)(a).............. 
E
21(2)(b).............. 
E
23(1).............. 
E
23(3).............. 
C
23(4).............. 
C
23(5).............. 
C
24(1).............. 
C
24(2).............. 
C
24(3).............. 
C
24(4).............. 
C
24.1.............. 
C
24.2(1).............. 
C
24.3(1).............. 
D
24.3(3).............. 
D
24.3(4).............. 
D
24.3(5).............. 
D
24.3(6)(a).............. 
E
24.3(6)(b).............. 
E
25(2).............. 
C
27(1)(a).............. 
D
27(1)(b).............. 
C
27(1)(c).............. 
C
28(a).............. 
C
28(b).............. 
C
29.............. 
C
30(a).............. 
C
30(b).............. 
C
31.............. 
C
32.............. 
C
34.............. 
D
46.............. 
G
47(1).............. 
E
48.............. 
E
52(1).............. 
B
52(2).............. 
C
52(3).............. 
I
52(3.1).............. 
E
64.1(3).............. 
E
66(1).............. 
F
2007, c.63, s.18; 2017, c.42, s.70; 2022, c.25, s.21; 2022, c.12, s.4
N.B. This Act was proclaimed and came into force November 20, 2009.
N.B. This Act is consolidated to December 13, 2023.