An Act to Amend the Emergency Measures Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Paragraph 7(a) of the Emergency Measures Act, chapter 147 of the Revised Statutes, 2011, is amended by striking out “Provincial and municipal emergency measures plans” and substituting “Provincial and municipal emergency measures plans and emergency plans submitted under subsection 8(1.1)”.
2 Section 8 of the Act is amended
ain paragraph (1)(e) in the portion preceding subparagraph (i) by striking out “develop emergency measures plans” and substituting “develop emergency plans”;
bby adding after subsection (1) the following:
8( 1.1) If a person that develops an emergency plan under paragraph (1)(e) provides critical infrastructure, including processes, systems, facilities, technologies, networks, assets and services essential to the health, safety or welfare of the civil population and to the effective functioning of the Government of New Brunswick, that person shall submit the emergency plan to the Emergency Measures Organization for review for adequacy and integration with Provincial emergency measures plans.
3 Section 12.1 of the Act is amended
ain paragraph (a) by striking out “any act” and substituting “any public act”;
bin paragraph (b) by striking out “any act” and substituting “any public act”.
4 Subsection 12.2(1) of the Act is amended by striking out “an act” and substituting “any public act”.
5 The Act is amended by adding after section 12.3 the following:
Powers of Lieutenant-Governor in Council – suspending the operation of, amending or superseding provisions
12.4( 1) Subject to sections 12.1 and 12.2, on a state of emergency being declared in respect to the Province or an area of the Province, on the recommendation of the Minister and the Attorney General, the Lieutenant-Governor in Council may, by Order in Council, suspend the operation of or amend or supersede a provision of any public act or municipal by-law until the earlier of the following:
athe date the state of emergency ends; and
ba date that is determined by the Legislative Assembly no later than 30 days after the date the Order in Council is made.
12.4( 2) Subject to sections 12.1 and 12.2, on a state of emergency being declared in respect to the Province or an area of the Province, on the recommendation of the Minister and the Attorney General, the Lieutenant-Governor in Council may, by Order in Council, suspend the operation of or amend or supersede a provision of any regulation, rule or ministerial order until a date no later than the date the state of emergency ends.
12.4( 3) Subsections (1) and (2) do not apply to
athe following acts and the regulations made under them:
( i) the Auditor General Act;
( ii) the Child, Youth and Senior Advocate Act;
( iii) the Consumer Advocate for Insurance Act;
( iv) the Elections Act;
( v) the Electoral Boundaries and Representation Act;
( vi) the Integrity Commissioner Act;
( vii) the Legislative Assembly Act;
( viii) the Legislative Library Act;
( ix) the Members’ Conflict of Interest Act;
( x) the Municipal Elections Act;
( xi) the Ombud Act;
( xii) the Political Process Financing Act;
( xiii) the Referendum Act;
( xiv) the Transparency in Election Commitments Act; and
bthe Standing Rules of the Legislative Assembly.
Non-application of Regulations Act
12.5 The Regulations Act does not apply to an order made by the Minister under this Act or to an Order in Council made by the Lieutenant-Governor in Council under subsection 12.2(1) or section 12.4.
6 The Act is amended by adding after section 22 the following:
Immunity – provision of essential services
22.1 On a state of emergency being declared in respect to the Province or an area of the Province until the date that state of emergency ends, any person providing essential services in compliance with the provisions of an order made and renewed and revised by the Minister under section 12 is not liable for damages resulting, directly or indirectly, from the provision of those services by the person, unless damages occurred as a direct result of an act or omission of the person that constitutes gross negligence with respect to the health and safety of other persons.
7 The Act is amended by adding after section 23 the following:
Authority to stop a person
23.1 On a state of emergency being declared in respect to the Province or an area of the Province, a person authorized to exercise the powers and duties of a peace officer under an act, a member of the Royal Canadian Mounted Police or a police officer as defined in the Police Act may require a person to stop in order to investigate whether or not there has been a violation or a failure to comply with a direction, order or requirement made under this Act or the regulations and may require the person to provide documentation as part of that investigation.
8 Section 24 of the Act is amended by adding the following after subsection (2):
24( 3) Despite subsection 56(6) of the Provincial Offences Procedure Act, the minimum fine under that Act for an offence under paragraph (1)(b) committed by a person other than an individual is $5,000.
9 Sections 3, 4, and 6 of this Act shall be deemed to have come into force on March 19, 2020.