BILL 9

An Act Respecting the Emergency 911 Act

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

Emergency 911 Act

1( 1) Section 1 of the Emergency 911 Act, chapter 146 of the Revised Statutes, 2011, is amended

(a)  by repealing the definition “NB 911 service” and substituting the following:

“NB 911 service” means a province-wide system for the coordination of emergency services from the time when a request for emergency services is received by a public safety answering point to the time all the appropriate emergency service providers attend at the site of the emergency and for the reporting of emergencies to emergency service providers through a public safety answering point. (service d’urgence 911, N.-B.)

(b)  by repealing the definition “public safety answering point” and substituting the following:

“public safety answering point” means (centre de prise d’appels pour la sécurité du public)

(a)  a primary public safety answering point, and

(b)  a secondary public safety answering point.

(c)  in paragraph (d) of the definition “emergency service provider” by striking out “except in section 3” and substituting “except in sections 3 and 4.4”;

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

“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act. (renseignements personnels)

“primary public safety answering point” means a communication centre that is normally the first point of reception of requests for emergency services and that dispatches requests to emergency service providers or transfers requests to a secondary public safety answering point for dispatching. (centre principal de prise d’appels pour la sécurité du public)

“secondary public safety answering point” means a communication centre to which requests for emergency services are normally transferred from a primary public safety answering point for dispatch to emergency service providers. (centre secondaire de prise d’appels pour la sécurité du public)

1( 2) Paragraph 4(2)(b) of the Act is amended by striking out “protocol, service or standard” and substituting “standard, policy, directive, protocol or service”.

1( 3) The Act is amended by adding after section 4 the following:

Advisory committees

4.1 The Minister may establish advisory committees to advise and make recommendations to the Minister on the development, establishment and operation of the NB 911 service.

Standards, policies and procedures

4.2( 1) If no regulation is made under paragraph 11(e) or (e.1), the Minister may establish any arrangement, function, procedure, standard, policy, directive, protocol or service the Minister considers necessary for the purposes of the effective operation of the NB 911 service.

4.2( 2) The Minister may establish standards and requirements for the equipment and technology used by public safety answering points.

4.2( 3) The Regulations Act does not apply to arrangements, functions, procedures, standards, policies, directives, protocols, services or requirements established by the Minister under subsection (1) or (2).

Common or integrated service, program or activity

4.3 If the requirements set out in section 46.2 of the Right to Information and Protection of Privacy Act are met, the NB 911 service is, for greater certainty, a common or integrated service, program or activity as defined in that Act.

Mandatory disclosure of information

4.4 Despite the Right to Information and Protection of Privacy Act, an emergency service provider or an employee of an emergency service provider, as the case may be, shall disclose information, including personal information, that relates directly to the NB 911 service to any of the following persons:

(a)  if disclosure is necessary for the operation of the NB 911 service,

( i) an employee of another emergency service provider, or

( ii) an employee of a public safety answering point; or

(b)  if disclosure is necessary for the performance of their duties respecting the NB 911 service,

( i) an employee of another emergency service provider, or

( ii) an employee of a public safety answering point.

Unauthorized use or disclosure

4.5 Except as may be necessary for the operation of the NB 911 service, no person shall use or disclose any information obtained in the course of performing their duties respecting the NB 911 service.

Annual report

4.6 The Minister shall ensure that an annual report containing any information the Minister considers necessary regarding the performance of the NB 911 service is made available to the public in the manner determined by the Minister.

1( 4) Section 9 of the Act is amended by adding before subsection (1) the following:

9( 0.1) A person who violates or fails to comply with section 4.5 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

1( 5) Section 11 of the Act is amended

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

(e)  respecting arrangements, functions, procedures, standards, policies, directives, protocols or services in relation to

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

(e.1)  for the purposes of the effective operation of the NB 911 service, respecting arrangements, functions, procedures, standards, policies, directives, protocols or services in relation to the performance and operation of an emergency service provider;

(c)  by adding after paragraph (h) the following:

(h.1)  requiring a public safety answering point to report the results of the monitoring and evaluation of the operation of the NB 911 service to the Minister and respecting the manner, form and time in which the report is to be given;

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

(i.1)  requiring an emergency service provider to report the results of the monitoring and evaluation of the operation of the NB 911 service to the Minister and respecting the manner, form and time in which the report is to be given;

(e)  by adding after paragraph (k) the following:

(k.1)  for the purposes of the effective operation of the NB 911 service, respecting standards and requirements for the equipment and technology used by emergency service providers;

(k.2)  respecting the security, resiliency, continuity and reliability of the NB 911 service, including

( i) prescribing technical and operational standards in relation to security, including physical security, personnel security and information security,

( ii) prescribing technical and operational standards in relation to business continuity, including availability, redundancy, recovery and related testing,

( iii) prescribing technical and operational standards in relation to the monitoring, detection and reporting of and alerting to disruptions to the NB 911 service and security incidents,

( iv) requiring the Minister be notified immediately of a disruption to the NB 911 service or security incident that may compromise the NB 911 service, and

( v) requiring the submission of post-incident reports within the time and in the form and manner determined by the Minister describing the causes of a disruption to the NB 911 service or security incident and the corrective actions and measures taken to prevent a recurrence;

(f)  by striking out the period at the end of paragraph (o) and substituting a semicolon;

(g)  by adding after paragraph (o) the following:

(p)  defining any word or expression used but not defined in this Act for the purpose of this Act, the regulations or both;

(q)  respecting any other matter that may be necessary for the proper administration of this Act.

Regulation under the Emergency 911 Act

2( 1) New Brunswick Regulation 96-104 under the Emergency 911 Act is amended by adding after section 1 the following:

Definition of “Act”

1.1 In this Regulation, “Act” means the Emergency 911 Act.

2( 2) Section 2 of the French version of the Regulation is amended

(a)  in subsection (1) by striking out “Ministre” and substituting “ministre”;

(b)  in paragraph (2)b) by striking out “Ministre” and substituting “ministre”;

2( 3) Subsection 3(1) of the French version of the Regulation is amended by striking out “Ministre” and substituting “ministre”.

2( 4) Section 5 of the Regulation is amended

(a)  in subsection (1) in the portion preceding paragraph (a) by striking out “public safety answering point” and substituting “primary public safety answering point”;

(b)  in subsection (2) in the portion preceding paragraph (a) by striking out “public safety answering point” and substituting “primary public safety answering point”;

(c)  in subsection (3) in the portion preceding paragraph (a) by striking out “public safety answering point” and substituting “primary public safety answering point”;

(d)  in subsection (4) in the portion preceding paragraph (a) by striking out “public safety answering point” and substituting “primary public safety answering point”;

(e)  in subsection (5) in the portion preceding paragraph (a) by striking out “public safety answering point” and substituting “primary public safety answering point”;

(f)  in subsection (6) by striking out “public safety answering point” and substituting “primary public safety answering point”;

(g)  in subsection (7) in the portion preceding paragraph (a) by striking out “public safety answering point” and substituting “secondary public safety answering point”;

(h)  by adding after subsection (7) the following:

5( 8) The Medical Communications Management Centre operated by EM/ANB Inc. is hereby selected to serve as a secondary public safety answering point for all areas of the Province.

5( 9) The Provincial Mobile Communications Centre operated by the Department of Transportation and Infrastructure is hereby selected to serve as a secondary public safety answering point for all areas of the Province.

2( 5) Section 6 of the Regulation is amended

(a)  in subsection (1)

( i) by adding after paragraph (a) the following:

(a.1)  in the circumstances set out in section 4.4 of the Act,

( ii) in paragraph c) of the French version by striking out “Ministre” and substituting “ministre”;

(b)  in subsection (2) of the French version by striking out “Ministre” and substituting “ministre”;

(c)  in subsection (3) of the French version

( i) in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”;

( ii) in paragraph b) by striking out “Ministre” and substituting “ministre”.

Commencement

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