BILL 91
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) in the French version in paragraph e) of the definition « système autonome d’évacuation et d’épuration des eaux usées » by striking out the period at the end of the paragraph and substituting a semi-colon;
(b) by adding the following definition in alphabetical order:
“water circulation system” means a water system that is prescribed by regulation as a water circulation system; (système de circulation d’eau)
2 The Act is amended by adding after section 24.1 the following:
Water circulation systems
24.2( 1) No person shall operate a water circulation system unless the person holds a licence to operate a water circulation system.
24.2( 2) An application for a licence to operate a water circulation system shall be made to the Minister, on a form provided by the Minister, and shall be accompanied by the documents and the fee prescribed by regulation.
Duties of holder of a licence to operate a water circulation system
24.3( 1) A holder of a licence to operate a water circulation system shall operate and maintain the water circulation system in accordance with the standards and requirements prescribed by regulation.
24.3( 2) A licence to operate a water circulation system is subject to
(a) the terms and conditions prescribed by regulation, and
(b) any additional terms and conditions that the Minister considers appropriate.
24.3( 3) A holder of a licence to operate a water circulation system shall provide a medical officer of health or an inspector with any information they request in respect of the operation and maintenance of the water circulation system.
24.3( 4) A holder of a licence to operate a water circulation system shall maintain, in the form and manner and for the period of time prescribed by regulation, the records and documents prescribed by regulation containing the information prescribed by regulation.
24.3( 5) On the request of the Minister, a holder of a licence to operate a water circulation system shall deliver to the Minister any of the records or documents that the holder is required to maintain.
24.3( 6) A holder of a licence to operate a water circulation system shall,
(a) in the manner, with the frequency and within the time prescribed by regulation, monitor the water in the water circulation system for the presence or introduction into the water of any parameter prescribed by regulation and submit to the Minister, in the manner and within the time prescribed by regulation, a report of the results of the monitoring containing the information prescribed by regulation, and
(b) if applicable, notify without delay a medical officer of health that the water in the water circulation system contains Legionella bacteria in a quantity or concentration that is equal to or greater than the quantity or concentration prescribed by regulation.
3 Section 68 of the Act is amended
(a) in paragraph (a) by striking out “public water supply systems” and substituting “public water supply systems, water circulation systems”;
(b) in paragraph (b) by striking out “public water supply system” and substituting “public water supply system, water circulation system”;
(c) in paragraph r) of the French version by striking out “contrôle et l’entretien” and substituting “contrôle”;
(d) by adding after paragraph (z) the following:
(z.1) prescribing water systems for the purposes of the definition “water circulation system”,
(z.2) respecting water circulation systems, including the construction, maintenance, sanitary management, alteration, repair and operation of water circulation systems and ancillary equipment and facilities,
(z.3) respecting the plumbing, inspection, supervision, cleaning, drainage, closure, ventilating and disinfecting of water circulation systems,
(z.4) prescribing standards and requirements for the purposes of subsection 24.3(1),
(z.5) prescribing the records and documents to be maintained by a holder of a licence to operate a water circulation system, including
( i) the form and manner in which they shall be maintained,
( ii) the information they shall contain, and
( iii) the period for which they shall be retained,
(z.6) respecting the monitoring of water in water circulation systems for the purposes of paragraph 24.3(6)(a), including
( i) prescribing the manner, frequency and time of monitoring, and
( ii) prescribing the parameters to be monitored,
(z.7) respecting the submission of reports of the results of the monitoring referred to in paragraph (z.6), including
( i) prescribing the time and manner in which the reports shall be submitted, and
( ii) prescribing the contents of the reports,
(z.8) prescribing quantities or concentrations of Legionella bacteria for the purposes of paragraph 24.3(6)(b),
4 Schedule A of the Act is amended
(a) by adding after
the following:
| | 24.2(1) ............... | C |
| | 24.3(1) ............... | D |
| | 24.3(3) ............... | D |
| | 24.3(4) ............... | D |
| | 24.3(5) ............... | D |
| | 24.3(6)(a) ............... | E |
| | 24.3(6)(b) ............... | E |
(b) by striking out
| | 28(c) ............... | C |
| | 30(c) ............... | C |
Commencement
5 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.