BILL 11

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1( 1) Paragraph 6(b.2) of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is repealed and the following is substituted: 

b.2may establish provincial policies and guidelines within the scope of this Act related to

( i) public education, and

( ii) for the purposes of subsection 10(1), the proof of immunization of persons who are of school age and pupils and, if proof of immunization is insufficient, their admission to and attendance at school, and

1( 2) Section 10 of the Act is repealed and the following is substituted: 

10( 1) A superintendent shall refuse school admission to a person who is school age and shall not permit a pupil to continue to attend school who, within the time period established by the Minister in a provincial policy, does not provide proof, or his or her parent does not provide proof, of immunization 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, or to an independent pupil who provides the medical exemption himself or herself.

Public Health Act

2( 1) Section 1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended by adding the following definitions in alphabetical order: 

“independent pupil” means an independent pupil as defined in the Education Act; (élève autonome)

“pupil” means a pupil as defined in the Education Act; (élève)

“school age” means school age as defined in the Education Act; (âge scolaire)

2( 2) Section 42.1 of the Act is amended

aby repealing subsection (1) and substituting the following: 

42.1( 1) In order to attain proof of immunization for a disease prescribed by regulation, a superintendent of a school district, through the principal of a school, shall ensure that the following information is provided to him or her for every person who is of school age and attending or planning to attend school in the Province:

athe name, date of birth and the Medicare number of the person if the principal of the school reasonably believes that information in respect of immunizations given to the person is included in the immunization registry established by the Minister under section 42.3, or

bany other proof of immunization that meets the standards established by policy by the chief medical officer of health if the principal of the school reasonably believes that information in respect to immunizations given to the person is not included in the immunization registry established by the Minister under section 42.3.

bby repealing subsection (2) and substituting the following: 

42.1( 2) An operator of an early learning and childcare facility shall require that for each child attending that facility, proof of immunization for a disease prescribed by regulation is provided to the operator that meets the standards established by policy by the chief medical officer of health.

cby adding after subsection (2) the following: 

42.1( 2.1) For the purposes of subsection (1) and (2), proof of immunization shall be required for each vaccine that a child or a person who is of school age is required to take to be immunized against a disease prescribed by regulation, whether the vaccine is a first dose or any other catch-up dose required under the immunization schedule established by policy by the chief medical officer of health.

dby 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 guardian of a child or pupil provides a medical exemption, on a form provided by the Minister, signed by a medical practitioner or nurse practitioner, or if the child is an independent pupil and provides the medical exemption himself or herself.

ein subsection (4) by striking out “or written statement”;

fin subsection (6) by striking out “each child” and substituting “each person who is of school age”.

2( 3) The Act is amended by adding after section 42.1 the following: 

Immunization policies by the chief medical officer of health

42.11( 1) The chief medical officer of health may establish immunization policies for children or persons who are of school age

aprescribing what constitutes satisfactory proof of immunization for the purposes of paragraph 42.1(1)(b) and subsection 42.1(2), and

bestablishing an immunization schedule for vaccines administered to children under subsection 42.1(2.1).

42.11( 2) The Regulations Act does not apply to policies made by the chief medical officer of health under this section.

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.

Application of this Act notwithstanding the Canadian Charter of Rights and Freedoms and the Human Rights Act

4 This Act and the amendments it makes are declared to operate notwithstanding the provisions of

asection 2 and sections 7 to 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, and

bsection 6 of the Human Rights Act.

Commencement

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