Bill 104 - An Act to Amend the Public Health Act

BILL 104

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

(a) in subsection (2) by striking out “in one or more newspapers having general circulation in the Province” and substituting “by posting the order on the Government of New Brunswick website”;

(b) in subsection (2.1) by striking out “in one or more newspapers having general circulation in the Province” and substituting “by posting the order on the Government of New Brunswick website”.

2 The heading “Order respecting notifiable disease” preceding section 33 of the Act is repealed and the following is substituted:

Order respecting notifiable disease – individual

3 Section 33 of the Act is amended

(a) in subsection (2)

( i) in the portion preceding paragraph (a) of the English version by striking out “he or she” and substituting “the medical officer of health”;

( ii) in paragraph (b) by striking out “to the health of persons in” and substituting “to health in”;

( iii) in paragraph c) of the French version by striking out “empêcher” and substituting “prévenir”;

(b) by repealing subsection (4) and substituting the following:

33( 4) An order may provide for any action that the medical officer of health considers necessary to prevent, decrease or eliminate the risk to health presented by a notifiable disease, including requiring any person that the order states has or may have a notifiable disease or is or may be infected with an agent of a notifiable disease to do any or all of the following without delay:

(a) isolate themselves and remain in isolation from other persons;

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

(d) conduct themselves in such a manner as not to expose another person to infection.

4 The Act is amended by adding after section 33 the following:

Order respecting notifiable disease – premises, event or activity

33.1( 1) Subject to subsection (2), the chief medical officer of health may, by written order, require an owner or occupier of a premises or a person responsible for a recreational, sporting or cultural activity or event to take or to refrain from taking any action that is specified in the order in respect of a notifiable disease.

33.1( 2) The chief medical officer of health may make an order if the chief medical officer of health has reasonable grounds to believe

(a) that a notifiable disease exists or may exist in a health region,

(b) that the notifiable disease presents a risk to health in the health region, and

(c) that the requirements specified in the order are necessary to prevent, decrease or eliminate the risk to health presented by the notifiable disease.

33.1( 3) The chief medical officer of health shall specify in the order the date on which the order takes effect and the period during which it is in effect, which shall not exceed 14 days.

33.1( 4) An order may provide for any action that the chief medical officer of health considers necessary to prevent, decrease or eliminate the risk to health presented by the notifiable disease.

33.1( 5) An order is not effective unless the reasons for the order are set out in the order.

33.1( 6) If the delay necessary to put an order in writing will or is likely to increase substantially the risk to the health of any person presented by the notifiable disease, the chief medical officer of health may make the order orally and subsection (5) does not apply.

33.1( 7) When an order is made orally, the contents of the order and the reasons for the order shall, as soon as possible, be put into writing and served on each person to whom the order was directed, but a failure to comply with this subsection does not invalidate the order.

33.1( 8) A person to whom an order is directed shall comply with the order.

Order respecting Group I notifiable disease – class of persons

33.2( 1) Subject to subsection (2), the Minister may, by written order, require any class of persons, including classes of individuals, bodies corporate, associations and non-profit or for profit organizations, to take or to refrain from taking any action that is specified in the order in respect of a Group I notifiable disease.

33.2( 2) The Minister may make an order if the Minister has reasonable grounds to believe

(a) that a Group I notifiable disease exists or may exist in the province,

(b) that the Group I notifiable disease presents a risk to health in the province, and

(c) that the requirements specified in the order are necessary to prevent, decrease or eliminate the risk to health presented by the Group I notifiable disease.

33.2( 3) The Minister shall specify in the order the date on which the order takes effect and the period during which it is in effect, which shall not exceed 14 days.

33.2( 4) An order may provide for any action that the Minister considers necessary to prevent, decrease or eliminate the risk to health presented by the Group I notifiable disease, including

(a) directing the closure of a public place,

(b) restricting or prohibiting public gatherings in a health region,

(d) in the event that an order is directed to a class of individuals who have or may have a Group I notifiable disease or are or may be infected with an agent of a Group I notifiable disease, requiring each member of the class to do any or all of the following without delay:

( i) isolate themselves and remain in isolation from other persons;

( ii) submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the individual has a Group I notifiable disease or is infected with an agent of a Group I notifiable disease;

( iii) place themselves under the care and treatment of a medical practitioner or a nurse practitioner; or

( iv) conduct themselves in such a manner as not to expose another person to infection.

33.2( 5) An order is not effective unless the reasons for the order are set out in the order.

33.2( 6) The Minister shall publish the order by posting the order on the Government of New Brunswick website.

33.2( 7) A member of the class of persons to whom an order is directed shall comply with the order.

5 The heading “Order in respect of person under sixteen years” preceding section 34 of the English version of the Act is amended by striking out “sixteen years” and substituting “16 years of age”.

6 Section 34 of the Act is repealed and the following is substituted:

34( 1) When an order made by a medical officer of health under section 33 is directed to a person under 16 years of age and is served on a parent of or a person who has the lawful custody, care or control of the person under 16 years of age, the parent or the person who has the lawful custody, care or control of the person under 16 years of age shall ensure that the order is complied with.

34( 2) In the event that a person under 16 years of age is a member of a class of persons to whom an order made by the Minister under section 33.2 is directed, a parent of or a person who has the lawful custody, care or control of the person under 16 years of age shall ensure that the order is complied with.

7 Section 35 of the Act is amended by striking out “section 33” and substituting “section 33, 33.1 or 33.2”.

8 The Act is amended by adding after section 35 the following:

Agreement re detention at other location

35.1 If, in the opinion of the Minister, the use of a location is necessary to prevent, decrease or eliminate the risk to health presented by a Group I notifiable disease, the Minister may enter into an agreement with any person respecting

(a) the detention at any location the Minister considers appropriate a person who is subject to an order under section 36 or 41, and

(b) the provision of any service the Minister considers appropriate with respect to the detention of the person.

9 Section 36 of the Act is amended

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

36( 1) A medical officer of health may make an application to the court for an order under this section if a person has failed to comply with an order in respect of a Group I notifiable disease by the medical officer of health under section 33 or by the Minister under 33.2 requiring the person to do any or all of the following without delay:

(a) isolate themselves and remain in isolation from other persons;

(b) submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the person has a Group I notifiable disease or is infected with an agent of a Group I notifiable disease;

(d) conduct themselves in such a manner as not to expose another person to infection.

(b) in subsection (2)

( i) by repealing the portion preceding paragraph (a) and substituting the following:

36( 2) If the court is satisfied that a person has failed to comply with an order referred to in subsection (1), the court may order any or all of the following:

( ii) in paragraph (a) by striking out “hospital facility” and substituting “hospital facility or other location”;

( iii) in paragraph (b) by striking out “medical practitioner” and substituting “medical practitioner or a nurse practitioner”;

36( 6) An order under this section is sufficient authority for any person to locate and apprehend the person who is the subject of the order and to deliver that person to the hospital facility or the other location named in the order.

(d) by repealing subsection (9) and substituting the following:

36( 9) An order for detention under this section is sufficient authority for a period of not more than three months from the day the order is issued

(a) to detain the person who is the subject of the order in the hospital facility or the other location named in the order, and

(b) in the event that the person is detained in a hospital facility to care for the person and, when ordered, to examine and treat the person for the Group I notifiable disease in accordance with generally accepted medical practices.

10 The heading “Designation of medical practitioner to have responsibility for detained person” preceding section 37 of the Act is repealed and the following is substituted:

Responsibility for detained person

11 Section 37 of the Act is amended by striking out “medical practitioner” and substituting “medical practitioner or a nurse practitioner”.

12 The heading “Medical practitioner to report respecting detained person” preceding section 38 of the Act is amended by striking out “Medical practitioner to report” and substituting “Report”.

13 Section 38 of the Act is amended by striking out “medical practitioner” and substituting “medical practitioner or the nurse practitioner”.

14 Section 39 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “hospital facility” and substituting “hospital facility or the other location named in the order”;

(b) in paragraph (b) by striking out “hospital facility” and substituting “hospital facility or the other location”.

15 Section 40 of the Act is amended

(a) in subsection (1) by striking out “hospital facility” and substituting “hospital facility or the other location named in the order”;

(b) in subsection (2) of the English version by striking out “himself or herself” and substituting “themselves”.

16 Section 41 of the Act is amended

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

41( 1) A medical officer of health may order that a person be detained if there are exigent circumstances that make it impracticable to make an application to the court for an order under section 36 and the person has failed to comply with an order in respect of a Group I notifiable disease by the medical officer of health under section 33 or by the Minister under 33.2 requiring the person to do any or all of the following without delay:

(a) isolate themselves and remain in isolation from other persons;

(b) submit to an examination by a medical practitioner or a nurse practitioner and deliver to the medical officer of health a report by the medical practitioner or the nurse practitioner as to whether or not the person has a Group I notifiable disease or is infected with an agent of a Group I notifiable disease;

(d) conduct themselves in such a manner as not to expose another person to infection.

(b) by repealing subsection (4) and substituting the following:

41( 4) An order for detention issued under this section is sufficient authority for any person to locate and apprehend the person who is the subject of the order and to deliver that person to the hospital facility or the other location named in the order.

41( 7) An order for detention issued under this section is sufficient authority for a period not exceeding 72 hours

(a) to detain the person who is the subject of the order in the hospital facility or the other location named in the order, and

(d) by repealing paragraph (9)(b) and substituting the following:

(b) pending a determination of the application, for the administrator or person in charge of the hospital facility or the other location named in an order made under this section

( i) to detain the person who is the subject of the application in the hospital facility or the other location, and

( ii) in the event that the person is detained in a hospital facility to care for the person and, when ordered, to examine and treat the person for the Group I notifiable disease in accordance with generally accepted medical practices.

17 Section 42 of the Act is repealed and the following is substituted:

42 When a medical officer of health or the Minister makes an order in respect of a Group I notifiable disease requiring a person to place themselves under the care and treatment of a medical practitioner or a nurse practitioner or take any other action specified in the order and the person withdraws from the care and treatment or fails to continue the specified action, sections 36 to 41 apply with the necessary modifications and the person shall be deemed to have failed to comply with the order.

18 Section 52 of the Act is amended

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

52( 3) A person commits an offence who violates or fails to comply with an order made by a medical officer of health under section 33, an order made by the chief medical officer of health under section 33.1 or an order made by the Minister under section 33.2.

(b) by adding after subsection (3) the following:

52( 3.1) A person commits an offence who violates or fails to comply with an order, other than an order referred to in subsection (3), made by a medical officer of health, a public health inspector or a public safety inspector.

19 The heading “Le Ministre peut passer des ententes” preceding section 58 of the French version of the Act is amended by striking out “ententes” and substituting “accords”.

20 Section 58 of the French version of the Act is amended

(a) in subsection (1) in the portion preceding paragraph a) by striking out “des ententes” and substituting “des accords”;

(b) in subsection (2) by striking out “une entente” and substituting “un accord”.

21 Schedule A of the Act is amended by striking out

52(3) ...............

and substituting the following:

	52(3) ...............			I
	52(3.1) ...............			E
	64.1(3) ...............			E

CONSEQUENTIAL AMENDMENTS

Regulation under the Provincial Offences Procedure Act

22( 1) Paragraph 3(1)(e.51) of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended by striking out “section 33” and substituting “subsection 52(3) or (3.1) or 64.1(3)”.

22( 2) Schedule A of the Regulation is amended in the portion for the Public Health Act by striking out

failing to comply with order

and substituting the following:

	52(3)		failing to comply with order
	52(3.1)		failing to comply with order
	64.1(3)		failing to disclose personal information or personal health information