Bill 2 - An Act to Amend the Public Health Act

BILL 2

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) by repealing the following definitions:

“communicable disease”

“Group I communicable disease”

“on-site sewage disposal system”

(b) by repealing the definition “notifiable disease” and substituting the following:

“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)

(d) in the definition “examination” by striking out “communicable disease” wherever it appears and substituting “notifiable disease”;

(e) in paragraph (b) of the definition “health hazard” in the English version by striking out “man” and substituting “a human”;

(f) in the definition “milk” in the English version by striking out “man” and substituting “a human”;

(g) in the definition « sage-femme » in the French version by striking out the period at the end of the definition and substituting a semi-colon;

(h) by adding the following definitions in alphabetical order:

“agri-food inspector” means an agri-food inspector appointed under section 62; (inspecteur agroalimentaire)

“Group I notifiable disease” means (maladies à déclaration obligatoire du Groupe I)

(a) cholera,

(b) diphtheria,

(d) plague,

(e) tuberculosis (active), and

(f) any other disease prescribed by regulation as a Group I notifiable disease;

“inspector” includes, unless the context otherwise requires, an agri-food inspector, a public health inspector and a public safety inspector; (inspecteur)

“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)

“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;

“public safety inspector” means a public safety inspector appointed under section 62; (inspecteur de la sécurité publique)

2 The heading “Rapport sur un danger pour la santé” preceding section 4 of the French version of the Act is amended by striking out “sur” and substituting “concernant”.

3 Section 4 of the Act is repealed and the following is substituted:

Reporting of health hazard

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.

4 Section 5 of the Act is amended by striking out “reasonable and probable grounds” and substituting “reasonable grounds”.

5 Section 6 of the Act is amended

(a) in subsection (2) in the portion preceding paragraph (a) by striking out “where he or she is of the opinion, upon reasonable and probable grounds” and substituting “if he or she believes on reasonable grounds”;

(b) by repealing subsection (12) and substituting the following:

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 Section 7 of the Act is amended

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

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.

(b) in subsection (2) by striking out “or public health inspector” and substituting “, a public health inspector or an agri-food inspector”;

(c) in subsection (3) by striking out “or public health inspector” and substituting “, a public health inspector or an agri-food inspector”;

(d) in subsection (4) by striking out “or a public health inspector” and substituting “, a public health inspector or an agri-food inspector”;

(e) in subsection (5) by striking out “or public health inspector” and substituting “, a public health inspector or an agri-food inspector”;

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

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.

7 Subsection 8(1) of the Act is amended in the portion preceding paragraph (a) by striking out “Where the Minister is of the opinion, on reasonable and probable grounds,” and substituting “If the Minister believes on reasonable grounds”.

8 The Act is amended by adding the heading “Duties of a person who holds a licence to operate a food premises” before section 13.

9 Subsection 13(3) of the Act is amended by striking out “a medical officer of health or a public health inspector with such information as the medical officer of health or public health inspector” and substituting “a medical officer of health, a public health inspector or an agri-food inspector with such information as he or she”.

10 The Act is amended by adding the heading “Duty to operate under sanitary conditions” before section 14.

11 The Act is amended by adding the heading “Duty of a person who is employed on or in a food premises” before section 15.

12 Paragraph 18(1)(a) of the Act is amended by striking out “Agriculture Canada” and substituting “the Canadian Food Inspection Agency”.

13 Paragraph 19(1)(a) of the Act is amended by striking out “Agriculture Canada” and substituting “the Canadian Food Inspection Agency”.

14 The Act is amended by adding after section 19 the following:

Seizure and destruction of food in unlicensed food premises

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.

15 The heading “Réseaux autonomes d’évacuation et d’épuration des eaux usées” preceding section 23 of the French version of the Act is amended by striking out “Réseaux” and substituting “Systèmes”.

16 Section 23 of the Act is amended

( a) in subsection (1) of the French version by striking out “un réseau autonome d’évacuation et d’épuration des eaux usées ou de se livrer au commerce de l’installation, de la construction, de la réparation ou du remplacement des réseaux” and substituting “un système autonome d’évacuation et d’épuration des eaux usées ou de se livrer au commerce de l’installation, de la construction, de la réparation ou du remplacement des systèmes”;

( b) by repealing subsection (3) and substituting the following:

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.

( c) in subsection (4) of the French version by striking out “d’un réseau” and substituting “d’un système”.

17 The Act is amended by adding the heading “Approval by the Minister” before section 24.

18 Section 24 of the French version of the Act is amended

( a) in subsection (1) by striking out “un réseau” and substituting “un système”;

( b) in subsection (2) by striking out “un réseau” and substituting “un système”;

( c) in subsection (3) by striking out “un réseau” and substituting “un système”;

( d) in subsection (4) by striking out “un réseau” and substituting “un système”.

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

Requirement to provide notice before covering a system

24.01 A 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.

Orders respecting on-site sewage disposal systems

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.

20 Section 24.1 of the Act is repealed and the following is substituted:

Certificate of compliance

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.

21 Subsection 25(2) of the Act is amended by striking out “prescribed by regulation” and substituting “established by the Minister”.

22 The heading “PART III NOTIFIABLE AND COMMUNICABLE DISEASES” following section 26 of the Act is amended by striking out “AND COMMUNICABLE”.

23 The heading “Le Ministre peut décréter qu’une maladie est une maladie à déclaration obligatoire” preceding section 26.1 of the French version of the Act is repealed and the following is substituted:

Maladie décrétée maladie à déclaration obligatoire

24 Section 26.1 of the Act is amended

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

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.

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

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( 2.1) The chief medical officer of health shall publish an order made under subsection (1.1) in one or more newspapers having general circulation in the Province.

(d) in subsection (3) by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”.

25 The heading “Reporting of notifiable diseases and other information” preceding section 27 of the Act is repealed and the following is substituted:

Report by certain professionals

26 Section 27 of the Act is repealed and the following is substituted:

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

27( 2) A report under subsection (1) shall be made in accordance with the regulations.

27 The Act is amended by adding after section 27 the following:

Report by certain professions if directive issued

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

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.

28 The Act is amended by adding the heading “Report by a person in charge of an institution” before section 28.

29 Section 28 of the Act is repealed and the following is substituted:

28 A 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.

30 The Act is amended by adding the heading “Report by a principal or an operator” before section 29.

31 Section 29 of the Act is amended by striking out “reasonable and probable grounds” and substituting “reasonable grounds”.

32 The Act is amended by adding the heading “Report by a regional health authority” before section 30.

33 Section 30 of the Act is repealed and the following is substituted:

30 The 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.

34 The Act is amended by adding after section 30 the following:

Report of aggregate data on request

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

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.

35 The heading “Obligation de déclarer les contacts” preceding section 31 of the French version of the Act is amended by striking out “déclarer” and substituting “rapporter”.

36 Section 31 of the Act is repealed and the following is substituted:

31 A 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.

37 The heading “Duty of medical practitioner to report refusal or neglect of treatment” preceding section 32 of the Act is repealed and the following is substituted:

Duty to report refusal or neglect of treatment

38 Section 32 of the Act is repealed and the following is substituted:

32 A 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.

39 The heading “Order respecting communicable disease” preceding section 33 of the Act is amended by striking out “communicable disease” and substituting “notifiable disease”.

40 Section 33 of the Act is amended

(a) in subsection (1) by striking out “communicable disease” and substituting “notifiable disease”;

(b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “where he or she is of the opinion, upon reasonable and probable grounds”
and substituting “if he or she believes on reasonable grounds”,

( ii) in paragraph (a) by striking out “communicable disease” and substituting “notifiable disease”,

( iii) in paragraph (b) by striking out “communicable disease” and substituting “notifiable disease”,

( iv) in paragraph (c) by striking out “communicable disease” and substituting “notifiable disease”;

( i) in paragraph (a) by striking out “communicable disease or is or may be infected with an agent of a communicable disease” and substituting “notifiable disease or is or may be infected with an agent of a notifiable disease”,

( ii) by repealing paragraph (b) and substituting the following:

(b) requiring the person to whom the order is directed to submit to an examination by a medical practitioner or a nurse practitioner and to deliver to the medical officer of health a report by the medical practitioner or nurse practitioner as to whether or not the person has a notifiable disease or is infected with an agent of a notifiable disease,

( iii) by repealing paragraph (c) and substituting the following:

(c) requiring the person to whom the order is directed in respect of a disease that is a notifiable disease to place himself or herself under the care and treatment of a medical practitioner or nurse practitioner without delay, and

(d) in subsection (6) by striking out “communicable disease” and substituting “notifiable disease”.

41 Section 34 of the Act is amended by striking out “communicable disease” and substituting “notifiable disease”.

42 Section 35 of the Act is amended by striking out “communicable disease” and substituting “notifiable disease”.

43 Section 36 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “communicable disease” and “Group I communicable disease” and substituting “notifiable disease” and “Group I notifiable disease” respectively;

(b) in subsection (2)

( i) in paragraph (b) by striking out “Group I communicable disease” and substituting “Group I notifiable disease”,

( ii) in paragraph (c) by striking out “Group I communicable disease” and substituting “Group I notifiable disease”;

44 Paragraph 39(a) of the Act is amended by striking out “Group I communicable disease” and substituting “Group I notifiable disease”.

45 Subsection 40(2) of the Act is amended by striking out “Group I communicable disease” and substituting “Group I notifiable disease”.

46 Subsection 41(1) of the Act is amended in the portion preceding paragraph (a) by striking out “communicable disease” and “Group I communicable disease” and substituting “notifiable disease” and “Group I notifiable disease” respectively.

47 Section 42 of the Act is amended by striking out “communicable disease” and “Group I communicable disease” and substituting “notifiable disease” and “Group I notifiable disease” respectively.

48 The Act is amended by adding after section 42 the following:

Requirement for proof of immunization

42.1( 1) The principal of a school shall require that proof of immunization is provided to him or her for any disease prescribed by regulation for a child attending school in the Province for the first time.

42.1( 2) The operator of a day care centre shall require that proof of immunization is provided to him or her for any disease prescribed by regulation for a child attending the day care centre.

42.1( 3) Despite subsection (1) or (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, signed by the parent or legal guardian of his or her objections to the immunizations.

49 Section 43 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “a public health inspector” and substituting “an inspector”;

( ii) in paragraph (e) of the English version by striking out “man” and substituting “a human”;

(b) in subsection (3) in the portion preceding paragraph (a) by striking out “a public health inspector” and substituting “an inspector”;

(d) in subsection (5) by striking out “public health inspector” and substituting “an inspector”.

50 Subsection 44(1) of the Act is amended by striking out “public health inspector” and substituting “an inspector”.

51 The heading “D’autres personnes peuvent accompagner un médecin-hygiéniste ou un inspecteur de la santé publique” preceding section 45 of the French version of the Act is amended by striking out “de la santé publique”.

52 Section 45 of the Act is amended by striking out “public health inspector” and substituting “an inspector”.

53 Section 46 of the Act is amended by striking out “public health inspector” and substituting “an inspector”.

54 Subsection 47(1) of the Act is amended by striking out “public health inspector” and substituting “an inspector”.

55 Section 48 of the Act is amended by striking out “public health inspector” and substituting “an inspector”.

56 Subsection 50(1) of the Act is amended by striking out “public health inspector” and substituting “an inspector”.

57 Section 51 of the Act is repealed and the following is substituted:

Copy of order as evidence

51 A 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.

58 Subsection 52(3) of the Act is amended by striking out “or a public health inspector” and substituting “, a public health inspector or a public safety inspector”.

59 The Act is amended by adding after section 61 the following:

Chief medical officer of health to monitor and report on public health

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.

General authority of medical officers of health to protect health and well-being

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.

60 The heading “Public health inspectors” preceding section 62 of the Act is repealed and the following is substituted:

Inspectors

61 Section 62 of the Act is repealed and the following is substituted:

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

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.

62 Section 63 of the Act is amended by striking out “public health inspector” wherever it appears and substituting “inspector”.

63 Subsection 64(1) of the Act is amended by striking out “a public health inspector” and substituting “an inspector”.

64 The Act is amended by adding after section 64 the following:

Collection, use and disclosure of information

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.

65 The heading “Protection contre toute responsabilité relativement aux rapports” preceding section 65 of the French version of the Act is amended by striking out “relativement aux” and substituting “à l’égard de l’établissement des”

66 Section 65 of the Act is repealed and the following is substituted:

Protection from liability for reports

65 No 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.

67 Subsection 66(1) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “Subject to subsection (2)” and substituting “Subject to section 64.1 and subsection (2)”;

(b) in paragraph (a) by striking out “communicable disease” and substituting “notifiable disease”;

68 The Act is amended by adding after section 67 the following:

Minister may provide forms

67.1 The 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.

69 Section 68 of the Act is amended

(a) by repealing paragraph (d) and substituting the following:

(d) prescribing the duties of medical officers of health,

(b) by adding after paragraph (d) the following:

(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),

(d) by repealing paragraph (ii) and substituting the following:

(ii) prescribing diseases for the purposes of the definitions “notifiable disease” and “Group I notifiable disease”,

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

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

(f) by repealing paragraph (kk) and substituting the following:

(kk) prescribing injuries, risk factors and notifiable events and respecting reports to be made in respect of them,

(g) by repealing paragraph (nn) and substituting the following:

(nn) respecting the control of notifiable diseases,

(h) in paragraph (vv) by striking out the comma at the end of the paragraph and substituting a period;

(i) by repealing paragraph (ww).

70 Schedule A of the Act is amended

(a) by adding before

6(11) ...............

the following:

4(2) ...............

(b) by adding after

24(4) ...............

the following:

24.1...............

CONSEQUENTIAL AMENDMENTS

Cemetery Companies Act

71( 1) Paragraph 15(a) of the English version of the Cemetery Companies Act, chapter C-1 of the Revised Statutes, 1973, is amended by striking out “Medical Health Officer” and substituting “medical officer of health”.

71( 2) Section 36 of the Act is repealed and the following is substituted:

36 No body shall be cremated within 48 hours after decease unless death has been occasioned by a notifiable disease or notifiable event under the Public Health Act or the regulations passed under the authority of that Act and so certified by a duly qualified medical practitioner, in which case, despite section 35, a medical officer of health may order that the body of the deceased be cremated immediately.

Regulation under the Cemetery Companies Act

72( 1) Section 3 of New Brunswick Regulation 94-129 under the Cemetery Companies Act is amended

(a) in subparagraph (2)(b)(iii) by striking out “the district medical health officer” and substituting “a medical officer of health”;

(b) in subparagraph (3)(b)(iii) by striking out “the district medical health officer” and substituting “a medical officer of health”.

72( 2) Section 10 of the Regulation is amended

(a) in paragraph (g) by striking out “and a copy of the permit required under section 210 of the General Regulation - Health Act”;

(b) in paragraph (h) by striking out “and a copy of the permit required under section 210 of the General Regulation - Health Act”;

(c) in paragraph (i) by striking out “, the location of the lot in which the remains are buried and a copy of the permit required under section 210 of the General Regulation - Health Act” and substituting “and the location of the lot in which the remains are buried”.

72( 3) Subsection 17(1) of the Regulation is amended

(a) in paragraph (g) by striking out “and a copy of the permit required under section 210 of the General Regulation - Health Act”;

(b) in paragraph (h) by striking out “and a copy of the permit required under section 210 of the General Regulation - Health Act”;

(c) in paragraph (i) by striking out “and a copy of the permit required under section 210 of the General Regulation - Health Act”.

Clean Air Act

73 Subsection 5(2) of the Clean Air Act, chapter C-5.2 of the Acts of New Brunswick, 1997, is amended by striking out “Health Act” wherever it appears and substituting “Public Health Act”.

Regulation under the Clean Environment Act

74 Section 5 of New Brunswick Regulation 82-126 under the Clean Environment Act is amended

(a) in subsection (1) by striking out “Health Act” and substituting “Public Health Act”;

(b) in subsection (2) by striking out “Health Act” and substituting “Public Health Act”.

Clean Water Act

75( 1) Subsection 3(2) of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended by striking out “Health Act” wherever it appears and substituting “Public Health Act”.

75( 2) Section 13.1 of the Act is amended

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

13.1( 1) In this section, “chief medical officer of health” means the chief medical officer of health appointed under the Public Health Act.

(b) in paragraph (3)(a) by striking out “Chief Medical Officer” and substituting “chief medical officer of health”.

Regulation under the Clean Water Act

76( 1) Paragraph 5(q) of New Brunswick Regulation 2000-47 under the Clean Water Act is amended by striking out “General Regulation - Health Act” and substituting “On-site Sewage Disposal System Regulation – Public Health Act”.

76( 2) Paragraph 6(1)(j) of the Regulation is amended by striking out “General Regulation - Health Act” and substituting “On-site Sewage Disposal System Regulation – Public Health Act”.

Regulation under the Community Planning Act

77( 1) Subsection 9(4.1) of New Brunswick Regulation 81-126 under the Community Planning Act is amended in the portion preceding paragraph (a) by striking out “the district medical health officer” and substituting “a medical officer of health”.

77( 2) Subsection 11(3) of the Regulation is amended in the portion preceding paragraph (a) by striking out “the district medical health officer” and substituting “a medical officer of health”.

Crown Lands and Forests Act

78 Paragraph 71.5(3)(a) of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is repealed and the following is substituted:

71.5( 3)

(a) an inspector designated under the Clean Environment Act, the Clean Air Act or the Clean Water Act or a medical officer of health or an inspector as defined in the Public Health Act,

Regulation under the Dairy Products Act

79( 1) Paragraph 3(4)(d) of New Brunswick Regulation 85-144 under the Dairy Products Act is amended by striking out “Health Act” and substituting “Public Health Act”.

79( 2) Subsection 7(3) of the Regulation is amended by striking out “Health Act” and substituting “Public Health Act”.

Regulation under the Diseases of Animals Act

80( 1) Section 4 of New Brunswick Regulation 83-105 under the Diseases of Animals Act is amended by striking out “Health Act” and substituting “Public Health Act”.

80( 2) Section 12 of the Regulation is amended in the portion preceding paragraph (a) by striking out “Health Act” and substituting “Public Health Act”.

80( 3) Section 13 of the Regulation is amended

(a) in subsection (1) by striking out “Health Act” and substituting “Public Health Act”;

(b) in subsection (3) by striking out “Health Act” and substituting “Public Health Act”.

Education Act

81( 1) Section 10 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended

(a) in subsection (1) by striking out “Health Act” and substituting “Public Health Act”;

(b) in paragraph (2)(b) by striking out “Health Act” and substituting “Public Health Act”.

81( 2) Paragraph 57(1)(u) of the Act is amended by striking out “Health Act” and substituting “Public Health Act”.

Expropriation Act

82 Subsection 2(4) of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, is amended by striking out “subsection 10(1) of the Health Act” and substituting “section 26 of the Public Health Act”.

Regulations under the Family Services Act

83( 1) New Brunswick Regulation 83-77 under the Family Services Act is amended

(a) by repealing paragraph 4(2)(b) and substituting the following:

(b) the public health inspector for the health region in which the residence or residential centre is located or any public health inspector appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the residence or residential centre meet the standards established by the Minister of Health under the Public Health Act;

(b) by repealing paragraph 15(a) and substituting the following:

(a) the standards established by the Minister of Health under the Public Health Act, and

(c) in paragraph 20(3)(c) by striking out “district medical health officer” and substituting “medical officer of health”.

83( 2) New Brunswick Regulation 83-85 under the Family Services Act is amended

(a) by repealing paragraph 3(2)(b) and substituting the following:

(b) the public health inspector for the health region in which the day care center is located or any public health inspector appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the day care center meet the standards established by the Minister of Health under the Public Health Act;

(b) by repealing paragraph 14(a) and substituting the following:

(a) the standards established by the Minister of Health under the Public Health Act, and

83( 3) Paragraph 3(4)(b) of New Brunswick Regulation 85-14 under the Family Services Act is repealed and the following is substituted:

(b) inspected by the public health inspector for the health region in which the applicant’s residence is located to ensure that the residence meets the standards established by the Minister of Health under the Public Health Act.

83( 4) New Brunswick Regulation 91-170 under the Family Services Act is amended

(a) by repealing paragraph 4(1)(b) and substituting the following:

(b) where the Minister considers it necessary, the public health inspector for the health region in which the foster home is located or any public health inspector who is appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the foster home meet the standards established by the Minister of Health under the Public Health Act;

(b) by repealing paragraph 4(2)(b) and substituting the following:

(b) the public health inspector for the health region in which the child care residential centre is located or any public health inspector who is appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the child care residential centre meet the standards established by the Minister of Health under the Public Health Act;

Regulation under the Highway Act

84 Paragraph 7(2)(d) of New Brunswick Regulation 97-143 under the Highway Act is amended by striking out “Health Act” and substituting “Public Health Act”.

Regulation under the Intercountry Adoption Act

85 Paragraph 17(4)(b) of New Brunswick Regulation 2008-154 under the Intercountry Adoption Act is repealed and the following is substituted:

(b) inspected by the public health inspector for the health region in which the applicant’s home is located to ensure that the home meets the standards established by the Minister of Health under the Public Health Act.

Liquor Control Act

86 Paragraph 111.1(3)(a) of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended by striking out “Health Act” and substituting “Public Health Act”.

Regulation under the Municipalities Act

87 Schedule A of New Brunswick Regulation 84-86 under the Municipalities Act is amended

(a) in section 1

( i) by repealing the definition “medical health officer” and substituting the following:

“medical officer of health” means a medical officer of health appointed under the Public Health Act; (médecin-hygiéniste)

( ii) in the definition “sewer system” by striking out “Health Act” and substituting “Public Health Act”.

(b) in subsection 23(3) of the English version by striking out “medical health officer” and substituting “medical officer of health”.

Natural Products Act

88 Section 2 of the Natural Products Act, chapter N-1.2 of the Acts of New Brunswick, 1999, is amended by striking out “Health Act” wherever it appears and substituting “Public Health Act”.

Regulation under the Natural Products Act

89( 1) New Brunswick Regulation 2010-19 under the Natural Products Act is amended in the heading “Communicable disease” preceding section 51 by striking out “Communicable” and substituting “Notifiable”.

89( 2) Section 51 of the Regulation is amended by striking out “communicable” and substituting “notifiable”.

Regulation under the Nursing Homes Act

90( 1) Section 2 of New Brunswick Regulation 85-187 under the Nursing Homes Act is amended by repealing the definition “notifiable disease” and substituting the following:

“notifiable disease” means notifiable disease as defined in the Public Health Act; (maladie à déclaration obligatoire)

90( 2) Paragraph 9(1)(a) of the Regulation is amended by striking out “district medical health officer” and substituting “medical officer of health”.

Protected Natural Areas Act

91( 1) Paragraph 13(b) of the Protected Natural Areas Act, chapter P-19.01 of the Acts of New Brunswick, 2003, is amended by striking out “an officer as defined in the Health Act” and substituting “a medical officer of health or an inspector as defined in the Public Health Act”.

91( 2) Paragraph 18(3)(b) of the Act is amended by striking out “an officer as defined in the Health Act” and substituting “a medical officer of health or an inspector as defined in the Public Health Act”.

Vital Statistics Act

92( 1) Paragraph 16(2)(c) of the English version of the Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended by striking out “medical health officer” and substituting “medical officer of health”.

92( 2) Subsection 29(4) of the Act is amended by striking out “district medical health officer” wherever it appears and substituting “medical officer of health”.

92( 3) Subsection 30(2) of the Act is amended by striking out “district medical health officer” and substituting “medical officer of health”.

CONDITIONAL AMENDMENTS
AND COMMENCEMENT

Early Childhood Services Act

93( 1) If this subsection comes into force before section 68 of the Early Childhood Services Act, chapter E-0.5 of the Acts of New Brunswick, 2010, section 68 of that Act is amended

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

68( 2) Subsection 25(2) of the Act is repealed and the following is substituted:

25( 2) A person who operates a community placement resource or an early learning and childcare facility shall comply with the lighting, sanitation, ventilation and other general health standards established by the Minister.

(b) by repealing subsection (3) and substituting the following:

68( 3) Section 29 of the Act is amended by striking out “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” and substituting “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”.

68( 3.1) Subsection 42.1(2) of the Act is repealed and the following is substituted:

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.

93( 2) If this subsection comes into force before section 69 of the Early Childhood Services Act, chapter E-0.5 of the Acts of New Brunswick, 2010, section 69 of that Act is amended

(a) by repealing subsection (3);

(b) by repealing subsection (4).

Commencement

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