BILL 35

An Act Respecting the Consolidation of Certain Laboratories with the New Brunswick Research and Productivity Council

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

Aquaculture Act

1( 1) Section 1 of the Aquaculture Act, chapter 112 of the Revised Statutes, 2011, is amended by adding the following definition in alphabetical order:

“fish health diagnostic service” means a laboratory that is approved by the Minister for the testing of aquaculture samples. (service de diagnostic sanitaire piscicole)

1( 2) Section 30 of the Act is amended

(a)  by repealing subsection (7) and substituting the following:

30( 7) A licensee shall

(a)  provide the samples required by an inspector under this section, and

(b)  have a test required by an inspector under this section carried out by a fish health diagnostic service.

(b)  by adding after subsection (7) the following:

30( 7.1) Immediately after carrying out a test required under this section, a fish health diagnostic service shall give notice of the test results to the Minister.

1( 3) Section 38 of the Act is amended

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

38( 1) Subject to subsections (3) and (4), all of the following are confidential:

(a)  any information, books, records, accounts or documents obtained by the Minister, an inspector or any other person under section 7, 9, 11, 23 or 30; and

(b)  any information, samples or materials obtained by the Minister, an inspector, a fish health diagnostic service or other person under section 30 or under the regulations.

(b)  by repealing subsection (2) and substituting the following:

38( 2) Subject to subsections (3) and (4), no person shall disclose or allow to be disclosed

(a)  any information, books, records, accounts or documents obtained by the Minister, an inspector or any other person under section 7, 9, 11, 23 or 30, or

(b)  any information, samples or materials obtained by the Minister, an inspector, a fish health diagnostic service or other person under section 30 or under the regulations.

(c)  in subsection (3) by striking out the portion preceding paragraph (a) and substituting the following:

38( 3) A person may disclose or allow to be disclosed any information, samples, materials, books, records, accounts or documents obtained by the Minister, an inspector, a fish health diagnostic service or other person under section 7, 9, 11, 23 or 30 or under the regulations for the purposes of the administration and enforcement of this Act, including disclosure

1( 4) Paragraph 49(1)(ss) of the Act is repealed and the following is substituted:

(ss)  defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations, or both.

Regulation under the Aquaculture Act

2( 1) Subsection 15(1) of New Brunswick Regulation 91-158 under the Aquaculture Act is amended in the portion preceding paragraph (a) by striking out “that is approved by the Minister”.

2( 2) Subsection 16(1) of the Regulation is amended in the portion preceding paragraph (a) by striking out “that is approved by the Minister”.

2( 3) Section 18 of the Regulation is amended in the portion preceding paragraph (a) by striking out “that is approved by the Minister”.

2( 4) Subsection 20(1) of the Regulation is amended by striking out “that is approved by the Minister”.

2( 5) Paragraph 21(a) of the Regulation is amended by striking out “that is approved by the Minister”.

2( 6) Section 21.2 of the Regulation is repealed and the following is substituted:

21.2 For the purposes of section 38 of the Act, a person may disclose any information, sample or material obtained under the Act or this Regulation to a fish health diagnostic service.

Clean Water Act

3( 1) Section 1 of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended by adding the following definition in alphabetical order:

“private well” means a well from which the water is used only by the owner or the owner’s immediate family for the purposes of the owner or the owner’s immediate family; (puits privé)

3( 2) Section 11 of the Act is amended by adding after subsection (2) the following:

11( 2.1) The owner of a private well may have a sample of the water from the well tested for the presence of inorganic substances and micro-organisms in accordance with the regulations.

3( 3) Subsection 13(1) of the Act is repealed.

Regulation under the Clean Water Act

4( 1) Subsection 5(4) of New Brunswick Regulation 93-203 under the Clean Water Act is repealed and the following is substituted:

5( 4) The Minister of Health shall send by ordinary mail a letter informing the owner of a well referred to in subsections (1) or (2) of the results of the test of the sample of water.

4( 2) The Regulation is amended by adding after section 5 the following:

5.1( 1) The owner of a private well may have a sample of water tested at the expense of the owner by submitting the sample to the Provincial Analytical Services.

5.1( 2) The Provincial Analytical Services shall send by ordinary mail a letter informing the owner referred to in subsection (1) of the results of the test of the sample of water.

5.2 The Provincial Analytical Services, the Minister and the Minister of Health may collect information related to a sample of water from a well to be tested under this Regulation, including personal information related to the owner of the well.

4( 3) Section 6 of the Regulation is amended in the portion preceding paragraph (a) by adding “and all related information” after “the results of a test of a sample of water from a well”.

4( 4) Section 10.01 of the Regulation is amended

(a)  in subsection (1) by striking out “or section 9 or 10” and substituting “or section 9 or 10 and all related information”;

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

10.01( 1.1) The Provincial Analytical Services shall disclose the results of a test referred to in subsection 5.1(1) and all related information to

(a)  the Minister, and

(b)  the Minister of Health, as may be required by that Minister.

(c)  in subsection (2) by striking out “the results of a test referred to in subsection (1)” and substituting “the results of a test referred to in subsection (1) or (1.1) and all related information”.

4( 5) Section 10.02 of the Regulation is amended by striking out “section 6 or 10.01” wherever it appears and substituting “section 5.2, 6 or 10.01”.

Natural Products Act

5 Section 14 of the Natural Products Act, chapter N-1.2 of the Acts of New Brunswick, 1999, is repealed and the following is substituted:

14( 1) The following persons shall preserve confidentiality with respect to all information, documents and samples that are in their custody that were received under paragraph 11(1)(d) or (e) or acquired by an inspector under section 60:

(a)  a member, employee or officer of the Commission;

(b)  a member, employee or officer of an agency or board; and

(c)  a laboratory that performs analysis, grading or testing of samples.

14( 2) No person shall communicate any information referred to in subsection (1) to any other person, except

(a)  for purposes relating to the enforcement of this Act, the regulations, the orders or any plan, or for purposes relating to a hearing or appeal under this Act;

(b)  on the request or with the written permission of the person to whom the matter relates;

(c)  for purposes relating to the enforcement of a Canadian Act or any marketing plan established under a Canadian Act; or

(d)  in the case of a laboratory, for purposes relating to analysis, grading or testing of samples and providing notification of test results under this Act or the regulations.

Commencement

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