BILL 56

Public Health Act

Chapter Outline

PART I

INTERPRETATION

Definitions 1

communicable disease -- maladie transmissible

contact -- contact

court -- cour

examination -- examen

food -- aliments

food premises -- locaux destinés aux aliments

Group I communicable disease -- maladies transmissible
du Groupe I

health hazard -- danger pour la santé

health region -- région sanitaire

hospital corporation -- corporation hospitalière

institution -- établissement

medical officer of health -- médecin-hygiéniste

milk -- lait

Minister -- Ministre

notifiable disease -- maladie à déclaration obligatoire

occupier -- occupant

on-site sewage disposal system -- réseau autonome d'évacuation et d'épuration des eaux usées

potable water -- eau potable

premises -- locaux

public health inspector -- inspecteur de la santé publique

public water supply system -- réseau public d'adduction d'eau

water supply system -- réseau d'adduction d'eau

Act binds the Crown 2

Inconsistency 3

PART II

PUBLIC HEALTH PROTECTION

Reporting of health hazard 4

Investigation of health hazard 5

Order respecting health hazard 6

Seizure and destruction 7


Action by Minister in respect of health hazard 8

Effect of order or action 9

Recovery of expenses of Minister 10

Certificate of Minister for expenses 11

Food premises 12-15

Food unfit for human consumption 16

Milk and milk products 17

Meat and meat products 18

Poultry meat and poultry products 19

Public water supply system 20, 21

Subdivision assessment 22


On-site sewage disposal systems 23, 24

Community placement resources 25

Appropriation of real property in emergencies 26

PART III

NOTIFIABLE AND
COMMUNICABLE DISEASES

Reporting of notifiable diseases and other
information 27-30

Duty of medical practitioner to report contacts 31

Duty of medical practitioner to report refusal or
neglect of treatment 32

Order respecting communicable disease 33

Order in respect of person under sixteen years 34

Effect of order 35


Order of court to detain, examine or treat a person 36

Designation of medical practitioner to have responsibility
for detained person 37

Medical practitioner to report respecting detained person 38

Extension of period of detention 39

Release from detention 40

Order for detention by medical officer of health 41

Where person withdraws from treatment 42

PART IV

ENFORCEMENT AND PENALTIES

Rights of entry and inspections 43

Removal of documents 44


Other persons may accompany officer or inspector 45

Duty to assist 46

Obstruction 47

Misleading statements 48

Analysts 49, 50

Copy of order as evidence 51

Offences 52

Penalties 53

Proceedings to restrain contravention of order 54

Proceedings to prohibit continuation or repetition
of contravention 55

PART V

ADMINISTRATION

Administration of Act 56

General authority of Minister 57

Minister may enter into agreements 58

Medical officers of health 59-61

Public health inspectors 62

Certificates of appointment 63

PART VI

GENERAL

Immunity 64


Protection from liability for reports 65

Release of information 66

Service 67

Regulations 68

Transition 69-71

Consequential 72

Repeal 73, 74

Commencement 75

SCHEDULE A

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

PART I

INTERPRETATION

Definitions

1In this Act

"communicable disease" means a disease prescribed by regulation as a communicable disease;

"contact" means a person who has or may have been in contact with another person who has or had a communicable disease while that other person was in an infectious state;

"court" means The Court of Queen's Bench of New Brunswick and includes a judge of that court;

"examination" means the taking of a medical history, a physical inspection, palpation, percussion, auscultation of the human body, the taking of specimens of bodily fluids for laboratory tests, the use of diagnostic imaging or the performing of diagnostic procedures that may be required to determine the existence of a communicable disease or the agent of a communicable disease;

"food" means food or drink, including milk, for human consumption and includes an ingredient of food or drink for human consumption;

"food premises" means a premises where food or milk is manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale, but does not include premises exempted by the regulations;

"Group I communicable disease" means

(a)cholera,

(b)diphtheria,

(c)haemorrhagic fevers diseases,

(d)plague (pneumonic),

(e)tuberculosis (active), and

any other disease prescribed by regulation as a Group I communicable disease;

"health hazard" means

(a)a condition of a premises,

(b)a substance, thing or plant or animal other than man,

(c)a solid, liquid, gas or combination of any of them, or

(d)a noise or vibration

that has or is likely to have an adverse effect on the health of a person;

"health region" means a health region established under the regulations;

"hospital corporation" means a hospital corporation as defined in the Hospital Act;

"institution" means

(a)a correctional institution as defined in the Corrections Act,

(b)a nursing home as defined in the Nursing Homes Act, and

includes any other place prescribed by regulation;

"medical officer of health" means a medical officer of health appointed under section 59 and includes the chief medical officer of health;

"milk" means milk originating from any animal other than man and intended for human consumption;

"Minister" means the Minister of Health and Community Services and includes persons designated by the Minister to act on the Minister's behalf;

"notifiable disease" means a disease prescribed by regulation as a notifiable disease;

"occupier" includes

(a)a person who is in physical possession of premises,

(b)a person who has responsibility for and control over the condition of the premises or the activities there carried on, or control over persons allowed to enter the premises, or

(c)a person for the time being receiving the rent of premises, whether as principal or as agent or trustee for another person, or who would receive the rent if the premises were let, or who is responsible for the payment of municipal taxes,

although there is more than one occupier of the same premises;

"on-site sewage disposal system" means a septic tank with subsurface disposal field and all other on-site sewage disposal systems that are not connected to a wastewater treatment facility approved by the Minister of the Environment under the Clean Water Act;

"potable water" means water that is suitable, on the basis of health considerations, for cooking or drinking by humans;

"premises" means lands and structures, or either of them, and includes

(a)water,

(b)ships and vessels,

(c)trailers and portable structures designed or used for residence, business or shelter, and

(d)trains, railway cars, vehicles and aircraft;

"public health inspector" means a public health inspector appointed under section 62;

"public water supply system" means a water supply system that is owned or operated by a municipality or the Crown in right of the Province and includes such other water supply systems owned or operated by other persons as are prescribed by the regulations;

"water supply system" means a works that conveys or is able to convey water for human consumption.

Act binds the Crown

2This Act binds the Crown.

Inconsistency

3Where an inconsistency exists between this Act or any regulation made under this Act and any other act of the Legislature or any regulation made under that act, the provision of this Act or the regulation prevails to the extent of the inconsistency.

PART II

PUBLIC HEALTH PROTECTION

Reporting of health hazard

4A person who has reasonable grounds to believe that a health hazard exists and who believes that the health hazard has not been reported to a medical officer of health or public health inspector shall notify a medical officer of health or public health inspector forthwith of the health hazard.

Investigation of health hazard

5Where a medical officer of health or public health inspector has reasonable and probable grounds to believe that a health hazard may exist in or on any premises, the medical officer of health or public health inspector shall investigate or cause an investigation to be carried out to determine whether a health hazard exists.

Order respecting health hazard

6(1)Subject to subsection (2), a medical officer of health or a public health inspector by a written order may require a person to take or refrain from taking any action that is specified in the order in respect of a health hazard.

6(2)A medical officer of health or a public health inspector may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds,

(a)that a health hazard exists, and

(b)that the requirements specified in the order are necessary to prevent or decrease the effect of or to eliminate the health hazard.

6(3)In an order under this section, a medical officer of health or a public health inspector may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order.

6(4)An order under this section may include, but is not limited to,

(a)requiring the vacating of premises,

(b)requiring the owner or occupier of premises to close the premises or a specific part of the premises,

(c)requiring the placarding of premises to give notice of an order requiring the closing of the premises,

(d)requiring the doing of work specified in the order in, on or about the premises specified in the order,

(e)requiring the removal of anything that the order states is a health hazard from the premises or the environs of the premises specified in the order,

(f)requiring the isolation or detention of any thing specified in the order in accordance with such terms and conditions as are specified in the order,

(g)requiring the cleaning or disinfecting, or both, of the premises or the thing specified in the order,

(h)requiring the destruction of the matter or thing specified in the order,

(i)prohibiting or regulating the manufacturing, processing, preparation, storage, handling, display, transportation, sale, offering for sale or distribution of any food or thing, or

(j)prohibiting or regulating the use of any premises or thing.

6(5)An order under this section that requires the closing of premises is an order

(a)to shut the premises so as to prevent the entrance or access to premises by any person, and

(b)to suspend the operation of any enterprise or activity on or in the premises

except by such persons or for such purposes as are specified in the order.

6(6)An order under this section may be directed to a person

(a)who owns or who is the occupier of any premises,

(b)who owns or is in charge of any substance, thing, plant or animal or any solid, liquid, gas or combination of them, or

(c)who is engaged in or administers an enterprise or activity in or on any premises.

6(7)An order under this section is not effective unless the reasons for the order are set out in the order.

6(8)Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the hazard to the health of any person, a medical officer of health or public health inspector may make the order orally and subsection (7) does not apply.

6(9)Where an oral order is made under this section, the contents of the order and the reasons for the order shall be put into writing and served on each person to whom the order was directed within seventy-two hours after making of the oral order, but a failure to comply with this subsection does not invalidate the order.

6(10)It is sufficient in an order under this section to direct the order to a person or persons described in the order and an order under this section is not invalid by reason only of the fact that a person to whom the order is directed is not named in the order.

6(11)A medical officer of health or a public health inspector who makes an order under this section may require the person to whom the order is directed to communicate the contents of the order to other persons as specified by the officer or inspector and the person shall communicate the contents of the order as required by the officer or inspector.

6(12)Nothing in Part III prevents the making of an order under this section in relation to a premises, substance, thing, plant or animal other than man, a solid, liquid, gas or any combination of them, that is or may be infected with a communicable disease or that is or may be contaminated with an agent of a communicable disease, as the case may be.

6(13)A person to whom an order is directed under this section shall comply with the order.

Seizure and destruction

7(1)A medical officer of health or a public health inspector who is of the opinion, upon reasonable and probable grounds, that a condition of any substance, thing, plant or animal other than man is a health hazard, may seize or cause the seizure of the substance, thing, plant or animal.

7(2)A medical officer of health or public health inspector shall detain a substance, thing, plant or animal seized under subsection (1) pending such examination or inspection as is necessary in his or her opinion to determine the existence of the health hazard.

7(3)Where the examination or inspection of a substance, thing, plant or animal seized under subsection (1) indicates that a health hazard is not present, a medical officer of health or public health inspector shall notify the owner or person from whom it was seized and shall release it to the owner or person.

7(4)If the owner or person from whom a substance, thing, plant or animal was seized does not reclaim it within three working days after receiving notification under subsection (3), a medical officer of health or a public health inspector may cause it to be disposed of or destroyed.

7(5)Where an examination or investigation of a substance, thing, plant or animal seized under subsection (1) indicates that a health hazard is present, a medical officer of health or public health inspector shall destroy it, dispose of it or take such other action as the officer or inspector considers necessary to eliminate or decrease the health hazard.

7(6)The Minister may recover from the owner or person from whom a substance, animal, plant or thing was seized and which was subsequently found to be a health hazard, the cost of the destruction, disposal or such other action as was taken to eliminate or decrease the health hazard and sections 10 and 11 apply with the necessary modifications.

7(7)Where food is seized under this section and a medical officer of health or public health inspector is of the opinion, upon reasonable and probable grounds, that the condition of the food is a health hazard, subsections (2) to (4) do not apply and the officer or inspector may destroy or dispose of the food or cause it to be disposed of or destroyed without further examination or inspection.

Action by Minister in respect of health hazard

8(1)Where the Minister is of the opinion, on reasonable and probable grounds, that a health hazard exists and the person to whom an order is or would be directed under subsection 6(6)

(a)has refused to comply with or is not complying with the order,

(b)is not likely to comply with the order promptly,

(c)cannot readily be identified or located and as a result the order would not be carried out promptly, or

(d)requests the assistance of the Minister in preventing or decreasing the effects of or eliminating the health hazard,

the Minister may enter upon the premises, with such persons, materials and equipment and using such force as the Minister considers necessary, and may take such action as the Minister considers necessary to prevent or decrease the effects of or eliminate the health hazard.

8(2)Actions by the Minister under this section may include, but are not limited to,

(a)the placarding of premises to give notice of the existence of a health hazard or of an order made under this Act, or both,

(b)doing any work the Minister considers necessary in, on or about any premises,

(c)removing any thing from the premises or the environs of premises,

(d)detaining any thing removed from any premises or the environs of any premises,

(e)cleaning or disinfecting, or both, of any premises or thing, and

(f)destroying any thing found on the premises or the environs of the premises.

Effect of order or action

9The making of an order under section 6 or the taking of action by the Minister under section 8 in relation to a health hazard shall not

(a)affect the validity or force of any other order that is made under this Act, whether before, during or after the making of that order or taking of that action, or

(b)be interpreted or deemed by any person or court to indicate that the health hazard was caused by any person to whom the order is directed.

Recovery of expenses of Minister

10The expenses incurred by the Minister in respect of a health hazard may be recovered with costs from any person to whom an order is or would be directed under subsection 6(6) in respect of a health hazard by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of New Brunswick.

Certificate of Minister for expenses

11(1)If the Minister has made a written demand to a person referred to in section 10 for any expenses incurred by the Minister in relation to the prevention or decrease of the effects of or the elimination of a health hazard and those expenses remain unrecovered in whole or in part, the Minister may sign a certificate setting out the amount of the unrecovered expenses.

11(2)In any action under section 10, a certificate purporting to be signed by the Minister setting out the amount of the unrecovered expenses described in subsection (1) is, without proof of the appointment, authority or signature of the person purporting to have signed the certificate, admissible in evidence and is, in the absence of evidence to the contrary, proof

(a)of the amount of the expenses that have been unrecovered, and

(b)that the expenses were necessary to prevent or decrease the effects of or eliminate the health hazard to which the action relates.

Food premises

12(1)No person shall operate a food premises unless the person is the holder of a licence issued in accordance with this Act and the regulations.

12(2)A person who intends to commence to operate a food premises shall apply to the Minister on a form provided by the Minister for a licence to operate the food premises and shall pay the prescribed application fee at the time the application is made.

13(1)A person who holds a licence to operate a food premises shall maintain and operate the food premises in accordance with the standards and requirements prescribed by the regulations.

13(2)A licence to operate a food premises is subject to

(a)the terms and conditions prescribed by the regulations, and

(b)such additional terms and conditions the Minister considers appropriate and specifies in the licence.

13(3)A person who holds a licence to operate a food premises shall furnish a medical officer of health or a public health inspector with such information as the medical officer of health or public health inspector requests in respect of the manufacturing, processing, preparation, storage, handling, display, transportation, sale or offering of sale of any food on or in the food premises and the distribution of food from the premises.

13(4)A person who holds a licence to operate a food premises shall keep such records in respect of the manufacturing, processing, preparation, storage, handling, display, transportation and sale or offering for sale of food on or in the food premises and the distribution of food from the food premises as are prescribed by the regulations, and shall keep the records in such form, with such detail and for such length of time as are prescribed by the regulations.

13(5)A person who holds a licence to operate a food premises shall make reports and returns as are prescribed by the regulations.

14A person who holds a licence to operate a food premises shall ensure that food that is manufactured, processed, prepared, stored, handled or displayed on or in the premises is manufactured, processed, prepared, stored, handled or displayed under sanitary conditions.

15A person employed on or in a food premises shall comply with the standards and requirements prescribed by the regulations for such persons.

Food unfit for human consumption

16No person shall sell or offer for sale any food that is unfit for human consumption by reason of disease, adulteration, impurity or other cause.

Milk and milk products

17(1)No person shall sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized in a dairy plant licensed by the Minister or in a plant outside New Brunswick that meets the standards and requirements for plants licensed in New Brunswick.

17(2)No person shall sell or offer for sale, deliver or distribute a milk product processed or derived from milk that has not been pasteurized or sterilized in a dairy plant that is licensed by the Minister or in a plant outside New Brunswick that meets the standards for plants licensed in New Brunswick.

17(3)Subsection (1) does not apply in respect of milk or cream that is sold, offered for sale, delivered or distributed to a plant licensed by the Minister.

17(4)In subsection (2), "milk product" means a product processed or derived in whole or mainly from milk and intended for human consumption.

Meat and meat products

18(1)No person shall sell or offer for sale any meat unless it

(a)bears the inspection legend of Agriculture Canada or such other jurisdiction as may be prescribed by regulation, or

(b)is from an animal slaughtered in an abattoir licensed by the Minister.

18(2)No person shall sell or offer for sale a meat product unless it is derived from meat that meets the requirements of paragraph (1)(a) or (b).

18(3)In subsection (2), "meat product" means a product processed or derived in whole or mainly from meat and intended for human consumption.

Poultry meat and poultry products

19(1)No person shall sell or offer for sale any poultry meat unless it

(a)bears the inspection legend of Agriculture Canada or such other jurisdiction as may be prescribed by regulation, or

(b)is from poultry slaughtered in an abattoir licensed by the Minister.

19(2)No person shall sell or offer for sale a poultry product unless it is derived from poultry meat that meets the requirements of paragraph (1)(a) or (b).

19(3)In subsection (2), "poultry product" means a product processed or derived in whole or mainly from poultry meat and intended for human consumption.

Public water supply system

20(1)No person shall establish, operate or alter any public water supply system without the written approval of the Minister.

20(2)Every person proposing to establish, operate or alter a public water supply system shall submit to the Minister such plans, specifications and other related information prescribed by the regulations.

20(3)Where, in the opinion of the Minister, alterations are necessary in the plans or specifications of a proposed public water supply system, the Minister shall give written notification to the person applying for approval of the necessary alterations within sixty days after the date of submission of the plans.

20(4)Where the Minister has issued written approval for the establishment, operation or alteration of any public water supply system, no person shall establish, operate or alter that public water supply system in a manner other than that for which the approval was issued.

21(1)An owner or operator of a public water supply system shall, when required by the Minister, ensure that persons who consume water from the system are provided forthwith with such information in relation to the water from the system and such other information as the Minister may require the owner or operator to provide.

21(2)A person who operates a public water supply system shall

(a)keep such records in respect to the treatment and distribution of water and the maintenance of the system as are prescribed by regulation,

(b)keep the records in such form, with such detail and for such length of time as are prescribed by regulation,

(c)ensure that personnel who operate and maintain the system have adequate knowledge to do so and are adequately trained to operate and maintain the system,

(d)monitor the water supply for such substances and at such frequencies as may be necessary or as required by the Minister or the regulations, and

(e)promptly notify a medical officer of health of any malfunctions or occurrences in the public water supply system that may affect the potability of the water.

Subdivision assessment

22(1)A person proposing to subdivide land shall apply in accordance with the regulations to a public health inspector in the health region where all or part of the land lies for a determination under subsection (4), if the subdivision plan of the land shows one or more lots that are less than two hectares in area and

(a)shows that the water supply for any lot is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act, or

(b)shows that the collection, treatment and disposal of the sewage for any lot less than two hectares in area is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act.

22(2)A person proposing to subdivide land shall apply in accordance with the regulations to a public health inspector in the health region where all or part of the land lies for a determination under subsection (4), if the subdivision plan of the land shows one or more lots fronting on a publicly owned street with a rectangular width less than one hundred and fifty metres at the minimum setback established by by-law or regulation affecting the land and

(a)shows that the water supply for any lot is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act, or

(b)shows that the collection, treatment and disposal of the sewage for any lot fronting on a publicly owned street with a rectangular width less than one hundred and fifty metres at the minimum setback is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act.

22(3)An application under subsection (1) or (2) is made by leaving a copy of the tentative subdivision plan with the development officer as determined under the Community Planning Act.

22(4)A public health inspector shall make one or more of the following determinations:

(a)that the land may be suitable for on-site water systems;

(b)that the land is suitable for on-site sewage disposal systems;

(c)that the land is not suitable for on-site sewage disposal systems if, in the opinion of the public health inspector, the installation of on-site sewage disposal systems may result in the pollution of the ground water or other water source or the creation of other health hazards; or

(d)that the land may not be suitable for on-site water systems if, in the opinion of the public health inspector, on-site water systems may present a health hazard.

22(5)The determination of a public health inspector under paragraph (4)(a) or (b) shall be recorded on the subdivision plan in accordance with the regulations.

22(6)Before making a determination under paragraph (4)(c) or (d), a public health inspector shall give the person proposing to subdivide the land

(a)the reason that a determination under paragraph (4)(a) or (b) is not being made, and

(b)an opportunity to be heard in the matter.

22(7)The determination of a public health inspector under this section is final.

22(8)A determination made by a public health inspector under subsection (4) shall not be construed

(a)to be an approval of the design, location or plan for the use and maintenance of an on-site sewage disposal system,

(b)to limit the authority of the public health inspector or a medical officer of health under any other section of this Act, or

(c)to be a determination that the land is capable of providing an adequate supply of potable water.

22(9)Land shall not be deemed or found to be to be injuriously affected by reason only of a determination made under this section and no compensation shall be payable by reason only of a determination made under this section.

On-site sewage disposal systems

23(1)No person shall install, construct, repair or replace an on-site sewage disposal system or carry out the business of installing, constructing, repairing or replacing on-site sewage disposal systems unless the person is licensed by the Minister in accordance with the regulations.

23(2)A licence referred to in subsection (1) is subject to

(a)the terms and conditions prescribed by regulation, and

(b)such additional terms and conditions the Minister considers appropriate and specifies in the licence.

23(3)A person who holds a licence referred to in subsection (1) shall furnish a public health inspector with such information as the public health inspector requests in respect of the installation, construction, repair or replacement of an on-site sewage disposal system.

23(4)A person who holds a licence referred to in subsection (1) shall keep such records in respect of the installation, construction, repair or replacement of an on-site sewage disposal system as are prescribed by regulation and shall keep such records in such form, with such detail and for such length of time as are prescribed by regulation.

23(5)A person who holds a licence referred to in subsection (1) shall make such reports and returns as are prescribed by regulation.

24(1)A person shall not install or construct an on-site sewage disposal system unless

(a)the design and location of the on-site sewage disposal system is approved in accordance with the regulations, and

(b)the on-site sewage disposal system, on completion, is approved in accordance with the regulations.

24(2)A person shall not repair or replace an on-site sewage disposal system unless

(a)the design, location and plan for repair and replacement of the on-site sewage disposal system is approved in accordance with the regulations, and

(b)the on-site sewage disposal system, on completion, is approved in accordance with the regulations.

24(3)A person shall not bring into use or operation an on-site sewage disposal system unless

(a)the design and location of the on-site sewage disposal system is approved in accordance with the regulations, and

(b)the on-site sewage disposal system, on completion, is approved in accordance with the regulations.

24(4)Where an approval is given under this section, no person shall install, construct, bring into use or operation, repair or replace an on-site sewage disposal system other than the manner for which the approval was issued.

24(5)Land shall not be deemed or found to be injuriously affected by reason only of a decision made under this section and no compensation shall be payable by reason only of a decision made under this section.

Community placement resources

25(1)For the purposes of this section "community placement resource" means a community placement resource as defined in section 23 of the Family Services Act.

25(2)A person who operates a community placement resource shall comply with the lighting, sanitation, ventilation and other general health standards prescribed by regulation for community placement resources.

Appropriation of real property in emergencies

26(1)Where the Minister is of the opinion that a public health emergency exists and any land or building is required for the purpose of responding to that emergency, the Minister may, subject to the approval of the Lieutenant-Governor in Council, take possession of the land or building without the consent of the owner or occupant and may retain possession for such period that the Minister considers necessary.

26(2)The Minister shall, before restoring the possession of the building to the owner, cleanse and disinfect it and put it in the same state of repair as it was in when possession was taken, and shall give notice to the owner that this has been done.

26(3)The Minister shall pay to the owner a reasonable sum for the use of the land or building.

26(4)The compensation to be paid for such use or possession, if not agreed upon, may be summarily determined by a judge of The Court of Queen's Bench of New Brunswick, upon application of either party and after reasonable notice to the other party.

26(5)Where a person resists the taking of possession under this section, a judge of The Court of Queen's Bench of New Brunswick may without notice issue a warrant to the sheriff for the judicial district where the property is situated, or to any other person as the judge considers necessary to put the Minister, his servants or agents in possession.

26(6)Where possession is taken without the consent of the owner, the Minister shall within ten days notify the owner.

26(7)Where the owner is not known or is not resident in the Province or if his residence is unknown, the notice shall be inserted in an issue of The Royal Gazette, and also published for two insertions in some newspaper, if any, published in the district where the premises are situate, and a copy of the notice shall be mailed by registered letter prepaid to the owner at his latest known place of residence, if any, in the Province, and such publication and mailing shall be sufficient notice to the owner.

PART III

NOTIFIABLE AND
COMMUNICABLE DISEASES

Reporting of notifiable diseases and other information

27Where a medical practitioner or nurse, while providing professional services to a person who is not a patient in or an out-patient of a hospital facility or a resident of an institution, has reasonable and probable grounds to believe that the person

(a)has or may have a notifiable disease or is or may be infected with an agent of a communicable disease,

(b)has or may be affected by an injury or risk factor prescribed by regulation, or

(c)has suffered a reportable event prescribed by regulation,

the medical practitioner or nurse shall report, in accordance with the regulations, to a medical officer of health or a person designated by the Minister.

28Where a person in charge of an institution has reasonable and probable grounds to believe that a person under his or her custody or control

(a)has or may have a notifiable disease or is or may be infected with an agent of a communicable disease,

(b)is or may be affected by an injury or risk factor prescribed by regulation, or

(c)has suffered a reportable event prescribed by regulation,

the person shall report, in accordance with the regulations, to a medical officer of health or a person designated by the Minister.

29The principal of a school or the operator of a day care centre who believes, on reasonable and probable grounds, that a pupil in the school or a child in the day care centre, as the case may be, has or may have measles, meningitis, mumps, pertussis or rubella shall report, in accordance with the regulations, to a medical officer of health or a person designated by the Minister.

30The chief executive officer, or a person designated by the chief executive officer, of a hospital corporation shall report, in accordance with the regulations, to a medical officer of health or a person designated by the Minister if an entry in the records of a hospital facility operated by the corporation states that a person who is a patient in or an out-patient of the hospital facility

(a)has or may have a notifiable disease or is or may be infected by an agent of a communicable disease,

(b)has or may be affected by an injury or risk factor prescribed by regulation, or

(c)has suffered a reportable event prescribed by regulation.

Duty of medical practitioner to report contacts

31A medical practitioner who provides professional services to a person who has a sexually transmitted disease, tuberculosis or meningococcal meningitis or such other communicable disease as is prescribed by regulation shall, in accordance with the regulations, report the person's contacts to a medical officer of health or person designated by the Minister.

Duty of medical practitioner to report refusal or neglect of treatment

32A medical practitioner shall report to a medical officer of health, in accordance with the regulations, the name and residence address of a person who is under the care and treatment of the medical practitioner in respect of a Group I communicable disease and who refuses or neglects to continue the treatment in a manner and to a degree satisfactory to the medical practitioner.

Order respecting communicable disease

33(1)Subject to subsection (2), a medical officer of health by a written order may require a person to take or refrain from taking any action that is specified in the order in respect of a communicable disease.

33(2)A medical officer of health may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds,

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

(b)that the communicable disease presents a risk to the health of persons 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 communicable disease.

33(3)In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order.

33(4)An order under this section may include, but is not limited to,

(a)requiring any person that the order states has or may have a communicable disease or is or may be infected with an agent of a communicable disease to isolate himself or herself and remain in isolation from other persons,

(b)requiring the person to whom the order is directed to submit to an examination by a medical practitioner and to deliver to the medical officer of health a report by the medical practitioner as to whether or not the person has a communicable disease or is infected with an agent of a communicable disease,

(c)requiring the person to whom the order is directed in respect of a disease that is a communicable disease to place himself or herself forthwith under the care and treatment of a medical practitioner, and

(d)requiring the person to whom the order is directed to conduct himself or herself in such a manner as not to expose another person to infection.

33(5)An order under this section is not effective unless the reasons for the order are set out in the order.

33(6)Where the delay necessary to put an order under this section in writing will or is likely to increase substantially the risk to the health of any person presented by the communicable disease, a medical officer of health may make the order orally and subsection (5) does not apply.

33(7)Where an oral order is made under this section, the contents of the order and the reasons for the order shall be put into writing and served on each person to whom the order was directed as soon as possible after making of the oral order, but a failure to comply with this subsection does not invalidate the order.

33(8)A person to whom an order is directed under this section shall comply with the order.

Order in respect of person under sixteen years

34Where an order by a medical officer of health in respect of a communicable disease is directed to a person under sixteen years of age and is served upon the parent of the person or any other person who has the lawful custody, care or control of the person under sixteen years of age, the parent or other person shall ensure that the order is complied with.

Effect of order

35The making of an order under section 33 in relation to a communicable disease shall not affect the validity or force of any other order that is made under this Act, whether before, during or after the making of that order or taking of that action.

Order of court to detain, examine or treat a person

36(1)A medical officer of health may make an application to the court for an order under this section where a person has failed to comply with an order by a medical officer of health in respect of a communicable disease that is a Group I communicable disease

(a)that the person isolate himself or herself and remain in isolation from other persons,

(b)that the person submit to an examination by a medical practitioner,

(c)that the person place himself or herself under the care and treatment of a medical practitioner, or

(d)that the person conduct himself or herself in such a manner as not to expose another person to infection.

36(2)Where the court is satisfied that a person has failed to comply with an order by a medical officer of health referred to in subsection (1), the court may order, with respect to the person who has failed to comply with the order, any or all of the following:

(a)that the person be taken into custody and admitted to and detained in a hospital facility named in the order;

(b)that the person be examined by a medical practitioner to ascertain whether or not a person is infected with an agent of a Group I communicable disease; and

(c)that the person, if found on examination to be infected with an agent of a Group I communicable disease, be treated for the disease.

36(3)An application under subsection (1) may be made ex parte and where so made the court may make an interim order under subsection (2).

36(4)Where an interim order for detention is made under this section, the medical officer of health shall apply to the court for an order regarding the person who is the subject of the interim order forthwith after the person is detained and the court shall hold a hearing within seventy-two hours after such application is made.

36(5)An application heard under this section shall be heard in private, but if the person in respect of whom the application is made requests otherwise by a notice filed with the court before the day of the hearing, the court may conduct the hearing in public.

36(6)An order under this section is 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 named in the order.

36(7)An order under this section may be directed to any peace officer and the peace officer shall do all things reasonably able to be done to locate, apprehend and deliver the person in accordance with the order.

36(8)A person who apprehends a person who is the subject of an order under this section shall promptly

(a)inform the person of the reasons for the detention and of the person's right to retain and instruct counsel without delay, and

(b)tell the person where the person is being taken.

36(9)An order for detention under this section is authority to detain the person who is the subject of the order in the hospital facility named in the order and to care for the person and, where ordered, to examine the person and treat the person for the Group I communicable disease in accordance with generally accepted medical practice for a period of not more than three months from and including the day the order was issued.

Designation of medical practitioner to have responsibility for detained person

37The chief executive officer of a hospital corporation, or a person designated by the chief executive officer, shall designate a medical practitioner to have responsibility for the person named in an order made under section 36 and who is delivered to a hospital facility operated by the hospital corporation.

Medical practitioner to report respecting detained person

38The medical practitioner responsible for a person named in an order made under section 36 shall report in respect of the treatment and the condition of the person to the medical officer of health in the health region in which the hospital facility is located and in the manner, at the times and with the information specified by the medical officer of health.

Extension of period of detention

39Where upon application of the medical officer of health for the health region in which the hospital facility is located, the court is satisfied

(a)that the person continues to be infected with an agent of a Group I communicable disease, and

(b)that the discharge of the person from the hospital facility would present a significant risk to the health of the public,

the court may by order extend the period of detention for not more than three months, and upon further applications by the medical officer of health, the court may extend the period of detention and treatment for further periods, each of which shall not be for more than three months.

Release from detention

40(1)A person detained in accordance with an order made under section 36 shall be released from detention upon the certificate of the medical officer of health for the health region in which the hospital facility is located.

40(2)A medical officer of health shall inform himself or herself as to the treatment and condition of the person and shall issue a certificate authorizing the release from detention as soon as the medical officer of health is of the opinion that the person is no longer infected with an agent of the Group I communicable disease or that the release from detention of the person will not present a significant risk to the health of the public.

Order for detention by medical officer of health

41(1)Where a person has failed to comply with an order by a medical officer of health in respect of a communicable disease that is a Group I communicable disease

(a)that the person isolate himself or herself and remain in isolation from other persons,

(b)that the person submit to an examination by a medical practitioner,

(c)that the person place himself or herself under the care and treatment of a medical practitioner, or

(d)that the person conduct himself or herself in such a manner as not to expose another person to infection,

the medical officer of health may issue an order to detain the person named in the order if there are exigent circumstances that make it impracticable to make an application to the court for an order under section 36.

41(2)An order for detention issued under this section is not effective unless dated and signed by the medical officer of health.

41(3)An order for detention issued under this section is valid for twenty-four hours after it is signed.

41(4)An order for detention issued under this section is 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 named in the order.

41(5)An order under this section may be directed to any peace officer and the peace officer shall do all things reasonably able to be done to locate, apprehend and deliver the person in accordance with the order.

41(6)A person who apprehends a person who is the subject of an order for detention issued under this section shall promptly

(a)inform the person of the reasons for the detention and of the person's right to retain and instruct counsel without delay, and

(b)tell the person where the person is being taken.

41(7)An order for detention issued under this section is authority to detain and to care for the person who is the subject of the order in the hospital facility named in the order for a period not exceeding seventy-two hours.

41(8)A medical officer of health shall file an application for an order of the court under section 36 respecting a person who has been detained under this section forthwith after the person has been detained and the court shall hold a hearing within seventy-two hours after the application is filed.

41(9)An application filed with the court for an order under section 36 is sufficient authority

(a)for a peace officer or any other person to take the person who is the subject of the application to the court for a determination of the application, and

(b)for the administrator or person in charge of the hospital facility named in an order made under this section to detain and care for the person who is the subject of the application in the hospital facility pending a determination of the application.

Where person withdraws from treatment

42Where a medical officer of health has made an order in respect of a communicable disease that is a Group I communicable disease requiring a person to place himself or herself under the care and treatment of a medical practitioner or take other action as 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 an order of the medical officer of health.

PART IV

ENFORCEMENT AND PENALTIES

Rights of entry and inspections

43(1)A medical officer of health or a public health inspector may, for the purpose of this Act, for the purpose of ensuring compliance with any provision of this Act or the regulations or for the purpose of exercising a power or carrying out of a duty under this Act or the regulations, do any of the following:

(a)enter and have access to, through or over any premises;

(b)make inspections, examinations, tests and inquiries;

(c)make or require the making of copies or extracts of documents or records related to an examination, inspection, test or inquiry;

(d)take or require the taking of samples related to an inspection, examination, test or inquiry;

(e)require the production of any substance, thing, plant or animal other than man for the purpose of an inspection, examination, test or inquiry;

(f)make or cause to be made any necessary excavations for the purposes of an inspection, examination, test or inquiry;

(g)require that any thing be dismantled, operated, used or set in motion under specified conditions for the purposes of an inspection, examination, test or inquiry.

43(2)The authority under subsection (1) shall be exercised only at reasonable times.

43(3)A medical officer of health or a public health inspector shall not enter a private dwelling under subsection (1) unless the officer or inspector

(a)has the consent of the occupier,

(b)has obtained a warrant under the Entry Warrants Act, or

(c)is acting in an emergency situation.

43(4)Before or after attempting to enter or have access to, through or over any premises for a purpose mentioned in subsection (1), a medical officer of health or public health inspector may apply to a judge for an entry warrant under the Entry Warrants Act.

43(5)A medical officer of health or public health inspector may request the assistance of a peace officer for the purposes of subsection (1) and the peace officer shall assist the officer or inspector.

Removal of documents

44(1)A medical officer of health or public health inspector may remove documents or records from a premises for a purpose mentioned in subsection 43(1) and may make a copy or extract of them or any part of them and shall give a receipt to the occupier for the documents or records so removed.

44(2)Where documents or records are removed from a premises, they shall be returned to the occupier as soon as possible after the making of the copies or extracts.

44(3)A copy or extract of any document or record related to an inspection, examination, test or inquiry and purporting to be certified by a person referred to in subsection 43(1), is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof on the appointment, authority or signature of the person purporting to have certified the copy.

Other persons may accompany officer or inspector

45A medical officer of health or public health inspector may be accompanied by other persons for any purpose mentioned in subsection 43(1) and the persons may carry out inspections, examinations, tests and inquiries and take such samples or do such other things as directed by the officer or inspector.

Duty to assist

46An owner or occupier of a premises and any employees or agents of the owner or occupier shall give all reasonable assistance to a medical officer of health or public health inspector to enable the officer or inspector to carry out his or her duties and functions under this Act and the regulations and shall furnish the officer or inspector with such information that he or she reasonably requires for purposes referred to in subsection 43(1).

Obstruction

47(1)No person shall hinder or obstruct a medical officer of health or public health inspector in the carrying out of the officer's or inspector's duties or functions under this Act and the regulations.

47(2)A refusal of consent to enter a private dwelling is not and shall not be deemed to be hindering or obstructing within the meaning of subsection (1), except where an entry warrant has been obtained.

Misleading statements

48No person shall knowingly make a false or misleading statement, either orally or in writing, to a medical officer of health or public health inspector while the officer or inspector is engaged in carrying out his or her duties or functions under this Act or the regulations.

Analysts

49The Minister may designate persons as analysts for the purposes of this Act.

50(1)Subject to this section, a certificate of an analyst stating that the analyst has analyzed or examined a sample submitted to the analyst by a medical officer of health or public health inspector and stating the result of the analysis or examination is admissible in evidence in a prosecution with respect to an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the person purporting to have signed the certificate.

50(2)The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for purposes of cross-examination.

50(3)A certificate shall not be received in evidence under subsection (1) unless the party intending to produce it has given reasonable notice of the intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

Copy of order as evidence

51A copy of an order purporting to be made by a medical officer of health or a public health inspector is, without proof of the office or signature of the medical officer of health or a public health inspector, as the case may be, receivable in evidence as proof, in the absence of evidence to the contrary, of the making of the order and of its contents for all purposes in any action, proceeding or prosecution.

Offences

52(1)A person who violates or fails to comply with any provision of the regulations commits an offence.

52(2)A person who violates or fails to comply with a term or condition of a licence or approval commits an offence.

52(3)A person who violates or fails to comply with an order made by a medical officer of health or a public health inspector commits an offence.

52(4)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.

Penalties

53(1)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.

53(2)Where an offence under this Act continues for more than one day,

(a)the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b)the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Proceedings to restrain contravention of order

54Notwithstanding any other remedy or penalty, the contravention of an order made under this Act may be restrained by order of a judge of The Court of Queen's Bench of New Brunswick upon application without notice by the person who made the order, the chief medical officer of health or the Minister.

Proceedings to prohibit continuation or repetition of contravention

55Where any provision of the Act or the regulations is contravened, notwithstanding any other remedy or penalty imposed, the Minister may apply to a judge of The Court of Queen's Bench of New Brunswick for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity in the order that, in the opinion of the judge, will or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of The Court of Queen's Bench of New Brunswick.

PART V

ADMINISTRATION

Administration of Act

56The Minister is charged with the administration of this Act and may designate persons to act on the Minister's behalf.

General authority of Minister

57The Minister may protect the health and well-being of the people of New Brunswick by any means, including

(a)establishing goals for the health of the population,

(b)pursuing policies that promote and support the health of the population,

(c)facilitating public awareness of health issues and changing health needs, and

(d)monitoring and evaluating the efficiency of programs and services and their effectiveness in achieving goals established for the health of the population.

Minister may enter into agreements

58(1)The Minister may, subject to the approval of the Lieutenant-Governor in Council, enter into and amend an agreement with

(a)the government of Canada or the government of a state of the United States of America or a department, agency or body under the jurisdiction of that government,

(b)the government of a province or a territory or a department, agency or body under the jurisdiction of that province or territory, or

(c)a band council as defined in the Indian Act (Canada) or a municipality,

for the purpose of the organization and delivery of public health programs and services, the prevention of diseases and injuries and the promotion and protection of the health of the people of New Brunswick or any group of them.

58(2)The Minister may enter into and amend an agreement with any person for the purpose of the organization and delivery of public health programs and services, the prevention of diseases and injuries and the promotion and protection of the health of the people of New Brunswick or any group of them.

Medical officers of health

59(1)The Minister shall appoint

(a)a chief medical officer of health for the Province, and

(b)a medical officer of health for each health region,

who shall be duly qualified medical practitioners and who shall perform the duties required of a medical officer of health under this Act and the regulations and such other duties as may be assigned by the Minister.

59(2)A medical officer of health is, by virtue of his or her office, a commissioner of oaths for taking affidavits to be read in The Court of Queen's Bench of New Brunswick.

59(3)Notwithstanding paragraph (1)(b), a medical officer of health has the authority to act in any health region in the Province.

60(1)Where the office of the chief medical officer of health is vacant or the chief medical officer of health is absent or unable to act, the Minister may appoint a medical practitioner the Minister considers qualified as an acting chief medical officer of health.

60(2)An acting chief medical officer of health shall perform the duties and has the authority, responsibilities and powers of the chief medical officer of health.

61(1)Where the office of a medical officer of health is vacant or a medical officer of health is absent or unable to act, the Minister may appoint a medical practitioner the Minister considers qualified as an acting medical officer of health.

61(2)An acting medical officer of health shall perform the duties and has the authority, responsibilities and powers of a medical officer of health.

Public health inspectors

62The Minister may appoint one or more persons as public health inspectors who shall perform the duties required of a public health inspector under this Act and the regulations and such other duties as may be assigned by the Minister.

Certificates of appointment

63The Minister shall issue to every medical officer of health and public health inspector a certificate of appointment and every medical officer of health or public health inspector in the execution of his or her duties under this Act or the regulations shall produce his or her certificate of appointment upon request.

PART VI

GENERAL

Immunity

64(1)No action or other proceeding for damages or otherwise shall be instituted against a medical officer of health, an acting medical officer of health, the chief medical officer of health, an acting chief medical officer of health, a public health inspector or the Minister or any agent, servant or employee of the Minister for any act done in good faith in the execution or intended execution of any duty or power under this Act or for any alleged neglect or default in the execution in good faith of any such duty or power.

64(2)Subsection (1) does not apply to prevent an application for judicial review.

64(3)Notwithstanding subsections 4(2) and 4(4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person referred to in subsection (1) to which the Crown would otherwise be subject and the Crown is liable under the Proceedings Against the Crown Act for any such tort as if subsection (1) had not been enacted.

Protection from liability for reports

65No action or other proceeding shall be instituted against a person who, in good faith, makes a report in respect of a health hazard, notifiable disease, communicable disease, contact, injury, risk factor or reportable event in accordance with Part II or III.

Release of information

66(1)Subject to subsection (2), no person shall disclose any information that comes to the person's knowledge in the course of carrying out responsibilities under this Act or the regulations under this Act concerning a person who

(a)has or may have a notifiable disease or is or may be infected with an agent of a communicable disease,

(b)is or is suspected of being a contact, or

(c)is or may be affected by an injury or by a risk factor prescribed by the regulations or has suffered a reportable event prescribed by the regulations.

66(2)A person may disclose information described in subsection (1) where the disclosure is

(a)required for purposes relating to the administration or enforcement of this Act or the regulations,

(b)required by law,

(c)required to carry out a responsibility imposed or to exercise a power conferred under this Act or the regulations,

(d)requested or approved by the person who is the subject of the information or by a parent of or a person who has the lawful custody, care or control of the person if the person is under the age of sixteen years,

(e)ordered by the Minister for the purpose of protecting the health of the public,

(f)made to a medical practitioner or nurse or in the course of consultation,

(g)made to a person who is conducting bona fide research or medical review if the disclosure is made in a manner that ensures the anonymity of the person to whom the information relates,

(h)in the case of information pertaining to a person under sixteen years of age, to a parent of or to a person who has the lawful custody, care or control of the person under sixteen years of age, or

(i)made in circumstances prescribed in the regulations.

Service

67(1)An order, notice or other document that is to be given to or served on a person shall be sufficiently given or served

(a)if it is served in the manner in which personal service may be made under the Rules of Court,

(b)if it is mailed prepaid registered or certified mail to the last or usual address of that person,

(c)if it is mailed prepaid registered or certified mail to the last address of that person reported to the Minister under this Act or the regulations, or

(d)if it is served in any other manner prescribed by regulation.

67(2)Service by prepaid registered or certified mail shall be deemed to be effected five days after the date of the mailing.

Regulations

68The Lieutenant-Governor in Council may make regulations

(a)classifying persons, organizations, food premises, premises, public water supply systems, places, plants, animals, things or any of them for the purposes of the regulations,

(b)exempting any person, organization, food premises, premises, public water supply system, place, plant, animal other than man, thing, solid, liquid, gas or combination of any of them, or any class of any of them from any provision of this Act or the regulations and prescribing conditions that apply in respect of any such exemption,

(c)establishing health regions within the Province and varying the boundaries of such regions,

(d)prescribing the duties of medical officers of health and public health inspectors,

(e)respecting the construction, equipment, facilities, including sanitary facilities, operation, maintenance and alteration of food premises and prescribing standards and requirements in respect thereof,

(f)respecting notice to be given by a person who wishes to commence to operate a food premises,

(g)respecting the manufacturing, processing, preparation, storage, handling, display, transportation, sale or offering for sale of any food on or in food premises and the distribution of food from food premises and prescribing standards and requirements in respect thereof,

(h)prescribing chemical and microbiological standards for food and requiring compliance therewith,

(i)prescribing standards and requirements in respect of persons who operate food premises and in respect of persons who are employed in or on food premises,

(j)prescribing the qualifications and training of persons who operate or are employed in or on a food premises,

(k)prescribing jurisdictions for the purposes of paragraphs 18(1)(a) and 19(1)(a),

(l)prescribing records, reports and returns to be made by a person who operates a food premises and respecting the maintenance, retention and destruction of such records, reports and returns,

(m)respecting the records to be kept in respect of the source of supply, date of packaging or production and the distribution of any food,

(n)respecting the labelling, identification or coding of food and containers of food that are manufactured, processed, prepared, stored, handled, displayed, transported, sold or offered for sale on or in food premises or distributed from food premises,

(o)respecting milk tank trucks and the transportation of milk,

(p)respecting the operation, maintenance and use of food vending machines,

(q)respecting the source, construction, equipment, facilities, including sanitary facilities, used in the procurement, packaging, transportation, treatment, handling, establishment, oper-ation and maintenance of premises used to produce bulk or bottled water for human consumption,

(r)respecting the source, construction, alteration, equipment, facilities, including sanitary facilities, establishment, operation, monitoring and maintenance of water supply systems and public water supply systems,

(s)prescribing water supply systems for the purposes of the definition "public water supply system",

(t)respecting the plans, specifications and other information to be submitted in respect of the establishment, operation or alteration of a public water supply system and respecting the records to be kept by a person who operates a public water supply system,

(u)respecting the use and treatment of water used for recreational and therapeutic purposes,

(v)respecting applications under section 22 in respect of proposed subdivisions, including the fees to be paid with the applications,

(w)respecting the time within which a public health inspector shall make a determination under section 22 and respecting the recording of the determination of a public health inspector on a subdivision plan,

(x)respecting the manner in which a person is heard under subsection 22(6),

(y)respecting on-site sewage disposal systems, including without limiting the generality of the foregoing, approvals, inspections, repairs, replacements and suitable lot sizes,

(z)prescribing records, reports and returns to be made by a person who is licensed under section 23 and respecting the maintenance, retention and destruction of such records, reports and returns,

(aa)prescribing standards for community placement resources with respect to lighting, sanitation, ventilation and other general health standards,

(bb)respecting applications for licences and approvals and the issuance, transfer, suspension, revocation and reinstatement of licences and approvals,

(cc)respecting fees to be paid with applications for licences or approvals and upon the transfer or reinstatement of licences,

(dd)respecting the construction, maintenance, equipment, sanitary management, alteration, repair and use of swimming pools, saunas, hot tubs, whirlpools and water slides and ancillary equipment and facilities,

(ee)respecting the inspection, supervision, cleansing, purifying, plumbing, drainage, closure, ventilating and disinfecting of swimming pools, saunas, hot tubs, whirlpools and water slides,

(ff)respecting the equipment, design and maintenance of playgrounds,

(gg)respecting the immune status of persons who work in health care facilities and food premises,

(hh)prescribing places for the purposes of the definition "institution",

(ii)prescribing diseases for the purposes of the definitions "communicable disease", "Group I communicable disease", and "notifiable disease",

(jj)respecting the reporting of notifiable diseases, communicable diseases, agents of communicable diseases, contacts and the diseases listed in section 29,

(kk)prescribing injuries, risk factors and reportable events and respecting reports to be made in respect thereof,

(ll)respecting the reporting of cases of human contact with animals that have or may have diseases that adversely affect the health of any person,

(mm)respecting the destruction, testing of or quarantine of animals that may have diseases that adversely affect the health of persons,

(nn)respecting the control of communicable diseases,

(oo)respecting the vaccination of residents of the Province,

(pp)respecting the reporting of immunizations by medical practitioners,

(qq)respecting the supply of vaccines, serums, drugs and biological preparations,

(rr)prescribing fees for any good or service provided under this Act or the regulations,

(ss)prescribing the manner in which an order, notice or document may be given or served,

(tt)prescribing the circumstances under which information may be disclosed for the purposes of paragraph 66(2)(i),

(uu)prescribing any matter referred to in this Act as prescribed by the regulations,

(vv)defining words used in this Act but not defined,

(ww)prescribing forms for the purpose of this Act and the regulations.

Transition

69(1)The person who was appointed and held the position of the chief medical officer under the Health Act immediately before the commencement of this section shall be deemed to have been appointed as the chief medical officer of health under this Act.

69(2)The persons who were appointed and held the positions of district medical health officers under the Health Act immediately before the commencement of this section shall be deemed to have been appointed as medical officers of health under this Act.

69(3)Subsections (1) and (2) apply with the necessary modifications to an acting chief medical officer of health and an acting medical officer of health.

69(4)The persons who were appointed and held the positions of officers under the Health Act immediately before the commencement of this section shall be deemed to have been appointed as public health inspectors under this Act.

70(1)Any licence or approval that was issued before the commencement of this section and was in force on the commencement of this section shall be deemed to be a licence or approval issued under this Act and is valid until it expires, unless it is suspended, revoked or withdrawn under this Act or the regulations.

70(2)Notwithstanding subsection (1), an approval issued in respect of the installation of an on-site sewage disposal system that was issued before the commencement of this section expires one year after the commencement of this section.

70(3)An application for a licence or approval that was commenced under the Health Act but not completed before the commencement of this section shall be dealt with and completed under this Act and the regulations.

71(1)Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or document, reference is made to the Health Act, it shall be read, unless the context otherwise requires, as a reference to this Act.

71(2)Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or document, reference is made to a health district, it shall be read, unless the context otherwise requires, as a reference to a health region.

71(3)Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or document, reference is made to the Chief Medical Officer, it shall be read, unless the context otherwise requires, as a reference to the chief medical officer of health.

71(4)Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or document, reference is made to a medical health officer or district medical health officer it shall be read, unless the context otherwise requires, as a reference to a medical officer of health.

Consequential

72Section 1 of An Act To Amend the Community Planning Act, chapter 50 of the Acts of New Brunswick, 1991, is amended by repealing section 55.1 as enacted by section 1 and substituting the following:

55.1(1)The development officer shall not approve a subdivision plan of land unless a determination under section 22 of the Public Health Act is recorded on the subdivision plan if the subdivision plan of land shows one or more lots less than two hectares and

(a)shows that the water supply for the lots less than two hectares is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b), or

(b)shows that the collection, treatment and disposal of the sewage for any lot less than two hectares is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b).

55.1(2)The development officer shall not approve a subdivision plan of land unless a determination under section 22 of the Public Health Act is recorded on the subdivision if the subdivision plan of land shows one or more lots fronting on a publicly owned street with a rectangular width less than one hundred and fifty metres at the minimum setback established by by-law or regulation affecting the land and

(a)shows that the water supply for any lot is not available by municipal services or a water supply system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act, or

(b)shows that the collection, treatment and disposal of the sewage for any lot fronting on a publicly owned street and with a rectangular width less than one hundred and fifty metres at the minimum setback is not available by municipal services or a sanitary sewer system that is vested in the Crown in right of New Brunswick under paragraph 55(6)(b) of the Community Planning Act.

Repeal

73(1)The Health Act, chapter H-2 of the Revised Statutes of New Brunswick, 1973, is repealed.

73(2)An Act to Amend the Health Act, chapter 24 of the Acts of New Brunswick, 1987, is repealed.

73(3)An Act to Amend the Health Act, chapter 58 of the Acts of New Brunswick, 1991, is repealed.

74The Venereal Disease Act, chapter V-2 of the Revised Statutes, 1973, is repealed.

Commencement

75This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.

SCHEDULE A


Last Modified: 11:25am , February 13, 1998