BILL 39

An Act Respecting Proof of Immunization

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

Education Act

1 Section 10 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is repealed and the following is substituted: 

10( 1) A superintendent shall refuse admission to a pupil to school and shall not permit a pupil to continue to attend school who does not provide satisfactory proof of the immunizations required under subsection 42.1(1) of the Public Health Act.

10( 2) Subsection (1) does not apply to a pupil whose parent provides a medical exemption, on a form provided by the Minister of Health under subsection 42.1(3) of the Public Health Act, signed by a medical practitioner or nurse practitioner.

Public Health Act

2 Subject to section 4, section 42.1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

aby repealing subsection (1) and substituting the following: 

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

bby repealing subsection (3) and substituting the following: 

42.1( 3) Despite subsection (1) or (2), proof of immunization is not required if the parent or legal guardian of a child provides a medical exemption, on a form provided by the Minister, signed by a medical practitioner or nurse practitioner.

Regulation under the Early Childhood Services Act

3 Subsection 47(2) of New Brunswick Regulation 2018-11 under the Early Childhood Services Act is repealed and the following is substituted: 

47( 2) Subsection (1) does not apply if a child’s parent or guardian provides a medical exemption, on a form provided by the Minister of Health under subsection 42.1(3) of the Public Health Act, signed by a medical practitioner or nurse practitioner.

Conditional amendments

4( 1) If this section comes into force before the date Bill 33, introduced in the second session of the 59th Legislature and entitled An Act Respecting the Public Health Information Solution, receives Royal Assent, section 42.1 as enacted by subsection 2(2) of that Bill is amended

ain subsection (1) by repealing the portion preceding paragraph (a) and substituting the following: 

42.1( 1) In order to attain proof of immunization for a disease prescribed by regulation, the superintendent of a school district, through the principal of a school, shall require from the parent or legal guardian of a child attending school in the Province the following information:

bby repealing subsection (3) and substituting the following: 

42.1( 3) Despite subsections (1) and (2), proof of immunization is not required if the parent or legal guardian of a child provides a medical exemption, on a form provided by the Minister, signed by a medical practitioner or nurse practitioner.

cin subsection (4) by striking out “or written statement”.

4( 2) If this section comes into force after the date Bill 33, introduced in the second session of the 59th Legislature and entitled An Act Respecting the Public Health Information Solution, receives Royal Assent, section 42.1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

ain subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

42.1( 1) In order to attain proof of immunization for a disease prescribed by regulation, the superintendent of a school district, through the principal of a school, shall require from the parent or legal guardian of a child attending school in the Province the following information:

bby repealing subsection (3) and substituting the following: 

42.1( 3) Despite subsections (1) and (2), proof of immunization is not required if the parent or legal guardian of a child provides a medical exemption, on a form provided by the Minister, signed by a medical practitioner or nurse practitioner.

cin subsection (4) by striking out “or written statement”.

4( 3) If this section comes into force on the same date as Bill 33, introduced in the second session of the 59th Legislature and entitled An Act Respecting the Public Health Information Solution, receives Royal Assent, this section shall be deemed to have come into force immediately after Bill 33 receives Royal Assent, in which case subsection (2) applies.

Commencement

5 This Act comes into force on September 1, 2021.