Bill 82 - An Act to Amend the Public Health Act

BILL 82

An Act to Amend the Public Health Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

(a) in the definition “food premises” by adding “a food vending machine and” after “includes”;

(b) in paragraph (d) of the definition “health hazard” by striking out “or vibration” and substituting “, vibration or radiation”;

“notifiable disease” means a disease prescribed by regulation or declared in an order of the Minister to be a notifiable disease; (maladie à déclaration obligatoire)

(d) by adding the following definition in alphabetical order:

“radiation”means ionizing or non-ionizing energy in the form of atomic particles or electromagnetic or acoustic waves; (radiation)

2 Section 20 of the Act is repealed.

3 Subsection 21(2) of the Act is repealed and the following is substituted:

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.

4 The heading “Subdivision assessment” preceding section 22 of the Act is repealed.

5 Section 22 of the Act is repealed.

6 Section 24 of the Act is repealed and the following is substituted:

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.

7 The Act is amended by adding after section 24 the following:

Certificate of compliance

24.1 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 the Act and all applicable regulations have been complied with in respect of such installation, construction, repair or replacement.

8 The Act is amended by adding before section 27 the following:

Declaration of notifiable disease

26.1(1) Where the Minister is of the opinion that a public health emergency exists or may exist as a result of a disease that is not listed in the regulations as a notifiable disease, the Minister 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) in one or more newspapers having general circulation in the Province.

26.1(3) An order made under subsection (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.

9 Section 29 of the Act is amended by striking out “or rubella” and substituting “, rubella, an Escherichia coli infection or other diseases or conditions specified by the regulations”.

10 Section 31 of the Act is amended by adding “related to the disease” after “contacts”.

11 Section 68 of the Act is amended

(a) in paragraph (a) by adding “licences,” after “public water supply systems,”;

(b) in paragraph (b) by adding “on-site sewage disposal system,” after “public water supply system,”;

(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,

(d) by repealing paragraph (p);

(e) by repealing paragraph (r) and substituting the following:

(r) respecting the monitoring of water supply systems and public water supply systems and the reporting of any results of such monitoring,

(f) by repealing paragraph (v);

(g) by repealing paragraph (w);

(h) by repealing paragraph (x);

(i) by repealing paragraph (jj) and substituting the following:

(jj) respecting the reporting of notifiable diseases, communicable diseases, agents of communicable diseases and contacts,

(j) by adding after paragraph (jj) the following:

(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,

12 Section 70 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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.

(b) by adding after subsection (1) the following:

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.

13 The heading “Consequential” preceding section 72 of the Act is repealed.

14 Section 72 of the Act is repealed.

15 The Act is amended by striking out the heading “Repeal” preceding section 73 and substituting the following:

Repeal of Health Act and regulations

16 Section 73 of the Act is amended by adding after subsection (3) the following:

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.

17 The Act is amended by adding after section 73 the following:

Repeal of Fish Inspection Act and regulations

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.

Repeal of Radiological Health Protection Act and regulations

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.

18 Schedule A of the Act is amended

(a) by striking out

20(1)...............	E
20(4)...............	E

(b) by striking out

21(2)(a)...............	D
21(2)(b)...............	E
21(2)(c)...............	E
21(2)(d)...............	E
21(2)(d)...............	E

and substituting the following:

21(2)(a)...............	E
21(2)(b)...............	E

24(1)(a)...............	C
24(1)(b)...............	C
24(2)(a)...............	C
24(2)(b)...............	C
24(3)(a)...............	C
24(3)(b)...............	C

and substituting the following:

24(1)...............	C
24(2)...............	C
24(3)...............	C

19 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a) The existing provision is as follows:

“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 an abattoir but does not include premises exempted by the regulations; (locaux destinés aux aliments)

(b) The existing provision is as follows:

“health hazard” means (danger pour la santé)

(a) a condition of a premises,

(b) a substance, thing or plant or animal other than man,

(d) a noise or vibration

that has or is likely to have an adverse effect on the health of a person;

“notifiable disease” means a disease prescribed by regulation as a notifiable disease; (maladie à déclaration obligatoire)

(d) New provision.

Section 2

The existing provision is as follows:

20(1) No person shall establish, operate or alter any public water supply system without the written approval of the Minister.

20(2) Every person proposing to establish, operate or alter a public water supply system shall submit to the Minister such plans, specifications and other related information prescribed by the regulations.

20(3) Where, in the opinion of the Minister, alterations are necessary in the plans or specifications of a proposed public water supply system, the Minister shall give written notification to the person applying for approval of the necessary alterations within sixty days after the date of submission of the plans.

20(4) Where the Minister has issued written approval for the establishment, operation or alteration of any public water supply system, no person shall establish, operate or alter that public water supply system in a manner other than that for which the approval was issued.

Section 3

The existing provision is as follows:

21(2) A person who operates a public water supply system shall

(a) keep such records in respect to the treatment and distribution of water and the maintenance of the system as are prescribed by regulation,

(b) keep the records in such form, with such detail and for such length of time as are prescribed by regulation,

(c) ensure that personnel who operate and maintain the system have adequate knowledge to do so and are adequately trained to operate and maintain the system,

(d) monitor the water supply for such substances and at such frequencies as may be necessary or as required by the Minister or the regulations, and

(e) 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.

Section 4

A heading is repealed.

Section 5

The existing provision is as follows:

22(0.5) In this section

“municipal service” includes a service provided by or on behalf of a rural community incorporated under the Municipalities Act.

22(1) A person proposing to subdivide land shall apply in accordance with the regulations to a public health inspector in the health region where all or part of the land lies for a determination under subsection (4), if the subdivision plan of the land shows one or more lots that are less than two hectares in area and

(a) shows that the water supply for any lot is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act, or

(b) shows that the collection, treatment and disposal of the sewage for any lot less than two hectares in area is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act.

22(2) A person proposing to subdivide land shall apply in accordance with the regulations to a public health inspector in the health region where all or part of the land lies for a determination under subsection (4), if the subdivision plan of the land shows one or more lots fronting on a publicly owned street with a rectangular width less than one hundred and fifty metres at the minimum setback established by by-law or regulation affecting the land and

(b) shows that the collection, treatment and disposal of the sewage for any lot fronting on a publicly owned street with a rectangular width less than one hundred and fifty metres at the minimum setback is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act.

22(3) An application under subsection (1) or (2) is made by leaving a copy of the tentative subdivision plan with the development officer as determined under the Community Planning Act.

22(4) A public health inspector shall make one or more of the following determinations:

(a) that the land may be suitable for on-site water systems;

(b) that the land is suitable for on-site sewage disposal systems;

(c) that the land is not suitable for on-site sewage disposal systems if, in the opinion of the public health inspector, the installation of on-site sewage disposal systems may result in the pollution of the ground water or other water source or the creation of other health hazards; or

(d) that the land may not be suitable for on-site water systems if, in the opinion of the public health inspector, on-site water systems may present a health hazard.

22(5) The determination of a public health inspector under paragraph (4)(a) or (b) shall be recorded on the subdivision plan in accordance with the regulations.

22(6) Before making a determination under paragraph (4)(c) or (d), a public health inspector shall give the person proposing to subdivide the land

(a) the reason that a determination under paragraph (4)(a) or (b) is not being made, and

(b) an opportunity to be heard in the matter.

22(7) The determination of a public health inspector under this section is final.

22(8) A determination made by a public health inspector under subsection (4) shall not be construed

(a) to be an approval of the design, location or plan for the use and maintenance of an on-site sewage disposal system,

(b) to limit the authority of the public health inspector or a medical officer of health under any other section of this Act, or

22(9) Land shall not be deemed or found to be to be injuriously affected by reason only of a determination made under this section and no compensation shall be payable by reason only of a determination made under this section.

Section 6

The existing provision is as follows:

24(1) A person shall not install or construct an on-site sewage disposal system unless

(a) the design and location of the on-site sewage disposal system is approved in accordance with the regulations, and

(b) the on-site sewage disposal system, on completion, is approved in accordance with the regulations.

24(2) A person shall not repair or replace an on-site sewage disposal system unless

(a) the design, location and plan for repair and replacement of the on-site sewage disposal system is approved in accordance with the regulations, and

(b) the on-site sewage disposal system, on completion, is approved in accordance with the regulations.

24(3) A person shall not bring into use or operation an on-site sewage disposal system unless

(a) the design and location of the on-site sewage disposal system is approved in accordance with the regulations, and

(b) the on-site sewage disposal system, on completion, is approved in accordance with the regulations.

24(4) Where an approval is given under this section, no person shall install, construct, bring into use or operation, repair or replace an on-site sewage disposal system other than the manner for which the approval was issued.

24(5) Land shall not be deemed or found to be injuriously affected by reason only of a decision made under this section and no compensation shall be payable by reason only of a decision made under this section.

Section 7

New provision.

Section 8

New provision.

Section 9

The existing provision is as follows: .

29 The principal of a school or the operator of a day care centre who believes, on reasonable and probable grounds, that a pupil in the school or a child in the day care centre, as the case may be, has or may have measles, meningitis, mumps, pertussis or rubella shall report, in accordance with the regulations, to a medical officer of health or a person designated by the Minister.

Section 10

The existing provision is as follows:

31 A medical practitioner, nurse practitioner or nurse who provides professional services to a person who has a sexually transmitted disease, tuberculosis or meningococcal meningitis or such other communicable disease as is prescribed by regulation shall, in accordance with the regulations, report the person’s contacts to a medical officer of health or person designated by the Minister.

Section 11

Regulation-making authority is amended

Section 12

(a) The existing provision is as follows:

70(1) Any licence or approval that was issued before the commencement of this section and was in force on 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, revoked or withdrawn under this Act or the regulations.

(b) New provision.

70(3) An application for a licence or approval that was commenced under the Health Act but not completed before the commencement of this section shall be dealt with and completed under this Act and the regulations.

Section 13

New heading.

Section 14

Consequential amendment.

Section 15

New heading.

Section 16

New provision.

Section 17

New provisions.

Section 18

(a) Consequential amendment.

(b) Consequential amendment.

Section 19

Commencement provision.