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CHAPTER A-7.3
Ambulance Services Act
Assented to November 9, 1990
Chapter Outline
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| air ambulance - ambulance aérienne |
| ambulance - ambulance |
| ambulance attendant - ambulancier |
| Director - Directeur |
| employ - employer |
| inspector - inspecteur |
| medical practitioner - médecin |
| Minister - Ministre |
| operate - exploiter |
| patient - malade |
| regional health authority - régie régionale de la santé |
Administration and objective of the Act 2 |
Appointment of Director 3 |
Ambulance Services Advisory Committee 4 |
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Training standards and certification/prohibitions 11 |
Vehicle and equipment standards/prohibitions 12 |
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Operator’s licence/prohibitions 14 |
Suspension or revocation of licence 15 |
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Agreements — general 18(1) |
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Costs of the use of an ambulance 18(3) |
Communication system for ambulances 18(4) |
Approval of agreements by the Lieutenant-Governor in Council 18.1 |
Powers of inspection and removal 19 |
Detention of ambulance 20 |
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Offences and penalties 26 |
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| SCHEDULE A |
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1In this Act
“air ambulance” means an aircraft designed or adapted to be used for the transportation of patients;
“ambulance” means a motor vehicle designed or adapted to be used for the transportation of patients, but does not include an air ambulance;
“ambulance attendant” means a person who attends patients being transported by ambulance, and includes an ambulance driver;
“co-ordinating hospital” Repealed: 1992, c.52, s.2.
“Director” means the Director of Ambulance Services appointed under section 3 and includes any person designated to act on the Director’s behalf;
“district” Repealed: 2008, c.8, s.1.
(a)engage under a contract for services, and
(b)accept on a voluntary basis the services of;
“hospital” Repealed: 1992, c.52, s.2.
“hospital corporation” Repealed: 2002, c.1, s.1.
“inspector” means a person appointed under section 5;
“medical practitioner” means a person lawfully entitled to practise medicine in the Province;
“Minister” means the Minister of Health and includes any person designated to act on the Minister’s behalf;
“operate” means make available for the transportation of patients;
“patient” means a person who needs or may need medical attention;
“regional health authority” means a regional health authority established by the Regional Health Authorities Act.
1992, c.52, s.2; 2000, c.26, s.17; 2002, c.1, s.1; 2006, c.16, s.9; 2008, c.8, s.1; 2008, c.29, s.1.
2(1)The Minister is responsible for the administration of this Act and shall endeavour through this Act to ensure the development throughout the Province of a balanced and effective system of ambulance services.
2(2)The Minister may designate persons to act on the Minister’s behalf.
3(1)The Minister shall appoint a Director of Ambulance Services.
3(2)The Director may designate persons to act on the Director’s behalf.
4(1)The Minister may appoint an Ambulance Services Advisory Committee to provide the Minister with advice concerning the provision of ambulance services in the Province.
4(2)The membership of the Ambulance Services Advisory Committee shall include
(b)a nominee of the New Brunswick Ambulance Operators Association,
(c)a nominee of the St. John Ambulance, New Brunswick Council,
(d)a nominee of the New Brunswick Hospital Association,
(e)a nominee of the Nurses Association of New Brunswick,
(f)a nominee of the New Brunswick College of Physicians and Surgeons,
(g)a person employed in the Department of Local Government,
(h)a person employed in the Department of Education, and
(i)a person employed in the Department of Health, who shall chair the Committee.
1992, c.2, s.4; 1998, c.41, s.7; 2000, c.26, s.17; 2006, c.16, s.9.
5The Minister may appoint inspectors for the purposes of this Act.
6 Repealed: 2008, c.8, s.2.1992, c.52, s.2; 2002, c.1, s.1; 2008, c.8, s.2.
7 Repealed: 2008, c.8, s.3.1992, c.52, s.2; 2002, c.1, s.1; 2008, c.8, s.3.
8 Repealed: 2008, c.8, s.4.2008, c.8, s.4.
9 Repealed: 2008, c.8, s.5.1992, c.52, s.2; 2002, c.1, s.1; 2008, c.8, s.5.
10 Repealed: 2008, c.8, s.6.1992, c.52, s.2; 2002, c.1, s.1; 2008, c.8, s.6.
11(1)The Minister shall establish training standards for the certification of ambulance attendants and may grant certifications of ambulance attendants.
11(2)The Minister may establish different levels of certification for ambulance attendants, and may require periodic re-certification of ambulance attendants.
11(3)The certification of an ambulance attendant lapses at the time stated in the certification unless, by that time, the ambulance attendant is re-certified by the Minister.
11(4)No person shall act as an ambulance attendant unless currently certified by the Minister as an ambulance attendant.
11(5)Unless authorized by a medical practitioner, no ambulance attendant shall, while acting as such, do anything which is beyond the scope of the ambulance attendant’s current certification level.
11(6)No person shall employ any person as an ambulance attendant unless the person employed is currently certified by the Minister as an ambulance attendant.
12(1)The Minister shall establish vehicle standards and equipment standards for ambulances.
12(2)Before an ambulance is first used in the provision of ambulance service, the owner shall make the ambulance and its equipment available for inspection by an inspector.
12(3)If advised by an inspector that the ambulance and its equipment meet the standards established by the Minister, the Director may approve the ambulance for use.
12(4)If advised by an inspector at any time that an ambulance or its equipment do not meet the standards established by the Minister, the Director may withdraw approval of an ambulance.
12(5)No person shall use in the provision of ambulance service an ambulance that is not currently approved in accordance with this section.
13The Minister may establish standards relating to
(a)the medical and other supplies that should be carried in an ambulance,
(b)the services and procedures that should be available from an ambulance, and
(c)the staffing of an ambulance.
14(1)A person who intends to operate an ambulance shall apply to the Director for an operator’s licence.
14(2)The Director may issue an operator’s licence if satisfied
(a)that the ambulance service provided by the applicant will be in accordance with this Act, the regulations and any standards established by the Minister,
(b)that the ambulance service provided by the applicant will provide properly for the health and safety of patients,
(c)that there is or may be a need for the ambulance service that the applicant intends to provide,
(d)that the applicant has and will maintain insurance in accordance with the regulations, and
(e)that there is no reason for refusing the application.
14(3)Paragraph (2)(c) does not apply where an applicant
(a)was providing ambulance service on the commencement of this section, and
(b)applies for an operator’s licence within one year after the commencement of subsection (2).
14(4)The Director may impose terms and conditions in an operator’s licence, and by such terms and conditions may, among other things,
(a)restrict the places in which a person may operate ambulances, and
(b)restrict the number of ambulances a person may operate.
14(5)The Director shall impose in every operator’s licence a condition that any ambulance service provided by the operator will be in accordance with this Act, the regulations and any standards established by the Minister.
14(6)No person shall operate an ambulance unless currently licensed under this Act to do so.
2008, c.29, s.1.
15The Director may suspend or revoke an operator’s licence
(a)for breach of any term or condition of the licence,
(b)for breach of an operator’s agreement with a regional health authority,
(c)where an operator has provided ambulance service negligently or in a manner prejudicial to the health or safety of patients, or
(d)where, for any other reason, it appears to the Director inappropriate that the operator should continue to operate an ambulance.
1992, c.52, s.2; 2002, c.1, s.1; 2008, c.29, s.1.
16 Repealed: 1994, c.6, s.1.1994, c.6, s.1.
17If the Minister is satisfied that it is consistent with the purposes of this Act and is in the public interest to do so, the Minister may exempt any person or vehicle from the application of this Act or any regulation or standard under it for such period and on such terms as the Minister determines.
18(1)The Minister may enter agreements with any person for the purposes of this Act, including agreements relating to the training of ambulance attendants and agreements relating to air ambulance service.
18(2)The Minister may make grants to any person for the purposes of this Act, including grants relating to the purchase or equipping of ambulances.
18(3)The Minister may pay or share the cost of the use of an ambulance in circumstances determined by the Minister.
18(4)The Minister may establish and operate, or assist in the establishment and operation of, a communication system for ambulances.
18.1The Minister shall not enter into an agreement with Ambulance New Brunswick Inc. unless the agreement is first approved by the Lieutenant-Governor in Council, and Ambulance New Brunswick Inc. shall not enter into an agreement with any private operator with respect to the management and operation of ambulance services in the Province unless the agreement is first approved by the Lieutenant-Governor in Council.
2008, c.8, s.7.
19(1)An inspector may at any reasonable time enter any ambulance and inspect the ambulance, its equipment and its supplies.
19(2)An inspector may at any reasonable time
(a)enter any premises used by an operator in connection with the provision of ambulance services, and
(b)inspect or remove temporarily for inspection any equipment, supplies, books, documents or records relating to the provision of ambulance services.
20(1)Where the Minister believes on reasonable grounds that an ambulance is being operated in violation of subsection 14(6), the Minister may detain the ambulance.
20(2)If, thirty days after the detention of an ambulance under subsection (1), no charge has been laid in relation to the operation of the ambulance, the Minister shall release the ambulance.
20(3)If a charge in relation to the operation of an ambulance is laid within thirty days after the detention of the ambulance under subsection (1), the Minister may retain the ambulance until the charge is finally disposed of, at which time
(a)if the defendant is convicted, the ambulance is forfeited to the Crown, and the Minister may use or dispose of it as the Minister sees fit, or
(b)if the defendant is acquitted, the Minister shall release the ambulance.
21No person shall obstruct or hinder the Minister, the Director or an inspector in the execution of any function under this Act.
22Except with the written permission of the Director, no person shall use or permit an ambulance to be used for a purpose other than
(a)the transportation of patients and the provision to them of medical attention, or
(b)the transportation of items being transported for medical purposes.
2008, c.29, s.1.
23A person employed in the administration of this Act shall not disclose information acquired by virtue of that employment, unless disclosure is required for the purposes of this Act.
24A person employed in the provision of ambulance service shall not disclose information relating to the personal circumstances of patients, unless disclosure is requested by the patient or is required in the interest of the patient or of patient care in general.
2008, c.29, s.1.
25In any prosecution for a violation of this Act, any document purporting to be signed by the Minister or the Director is admissible in evidence without proof of the signature, appointment or authority of the person purporting to have signed it, and is, in the absence of evidence to the contrary, proof of the matters stated in the document.
26(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
26(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
2008, c.11, s.1.
27Nothing in this Act prevents a person from attending or assisting in the transportation of a patient at the request of a medical practitioner, a police officer, a coroner, a firefighter or an ambulance attendant.
2008, c.29, s.1.
28The Lieutenant-Governor in Council may make regulations
(a)respecting the conduct and management of ambulance services and the use of ambulances;
(b)respecting the records, books, accounting systems, audits, reports and returns to be kept and made by a person who operates an ambulance;
(c)respecting the submission of returns, reports and information to the Director;
(d)respecting the amount and kind of insurance to be maintained by a person who operates an ambulance, and the reporting of cancellation of insurance;
(e) Repealed: 1994, c.6, s.2.
(f)providing, subject to this Act, for the appointment of committees and respecting the powers, duties and procedures of committees, including committees referred to in this Act, and the remuneration of their members;
(g)giving additional powers and duties to inspectors;
(h)respecting fees to be paid for things done under this Act and the regulations;
(i)respecting forms for the purposes of this Act and the regulations;
(j)generally for the better provision of ambulance services within the Province and for the better administration of this Act.
1994, c.6, s.2.
29The Ambulance Services Act, chapter A-7.2 of the Acts of New Brunswick, 1981, is repealed.
30This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
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2008, c.11, s.1.
N.B. This Act, except s.11, was proclaimed and came into force October 1, 1992.
N.B. This Act is consolidated to June 18, 2008.