Bill 2 - An Act to Amend the Public Health Act

BILL 2

An Act to Amend the Public Health Act

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

1 Section 1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended in the definition “medical officer of health” by striking out “and includes the chief medical officer of health” and substituting “and includes the chief medical officer of health and the deputy chief medical officer of health”.

2 The Act is amended by adding after section 58 the following:

Chief medical officer of health

58.1( 1) The Lieutenant-Governor in Council may appoint a chief medical officer of health for the Province from an eligibility list of duly qualified medical practitioners provided to the Lieutenant-Governor in Council by the Minister.

58.1( 2) The person appointed as the chief medical officer of health shall perform the duties required of the chief medical officer of health under this Act and the regulations and any other duties assigned to the chief medical officer of health by the Minister.

58.1( 3) The chief medical officer of health shall be appointed for a term of up to seven years.

58.1( 4) The chief medical officer of health shall be eligible for reappointment for additional terms of up to three years each, but in no case shall the chief medical officer of health hold office for more than a total of ten years.

58.1( 5) The person appointed as the chief medical officer of health under this section shall be deemed an employee within the meaning of the Civil Service Act.

58.1( 6) The chief medical officer of health may be removed for cause by the Lieutenant-Governor in Council.

58.1( 7) The chief medical officer of health shall have the right to make representations respecting the grounds for the proposed removal before the taking of action by the Lieutenant-Governor in Council under subsection (6).

58.1( 8) Ministers, deputy heads and chief executive officers of public bodies listed in the First Schedule of the Public Service Labour Relations Act, as well as associate deputy ministers and persons holding positions of equivalent ranks, who give directions to the chief medical officer of health regarding the public health functions of the chief medical officer of health’s responsibilities shall give the directions in writing.

58.1( 9) A direction under subsection (8) may be published, at the discretion of the chief medical officer of health, in The Royal Gazette.

Acting chief medical officer of health

58.2( 1) When the office of the chief medical officer of health is vacant or the chief medical officer of health is absent or is unable to act, the Lieutenant-Governor in Council may appoint a medical practitioner as an acting chief medical officer of health.

58.2( 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.

3 Section 59 of the Act is repealed and the following is substituted:

59( 1) The chief medical officer of health may appoint one or more medical officers of health, each of whom being a qualified medical practitioner, for each health region in the Province.

59( 2) A person appointed as a medical officer of health shall perform the duties required of a medical officer of health under this Act and the regulations and any other duties as may be assigned by the chief medical officer of health.

59( 3) A medical officer of health is, by virtue of their office, a commissioner of oaths for taking affidavits to be read in The Court of King’s Bench of New Brunswick.

59( 4) Despite subsection (1), a medical officer of health has the authority to act in any health region in the Province.

59( 5) A person appointed as a medical officer of health under this section shall be deemed an employee within the meaning of the Civil Service Act.

59( 6) The chief medical officer of health may appoint a medical officer of health as the deputy chief medical officer of health for the Province.

59( 7) The deputy chief medical officer of health shall perform the duties assigned to the deputy chief medical officer of health by the chief medical officer of health.

4 The heading “Medical officers of health” preceding section 60 of the Act is repealed.

5 Section 60 of the Act is repealed.

6 The heading “Medical officers of health” preceding section 61 of the Act is repealed and the following is substituted:

Acting medical officer of health

7 Section 61 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

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

(b) in subsection (2) of the French version by striking out “par intérim doit remplir” and substituting “intérimaire remplit”.

8 The Act is amended by adding after section 61.1 the following:

Agreements entered into by chief medical officer of health

61.11 The chief medical officer of health may enter into and amend an agreement with a portion of the public service specified in the First Schedule of the Public Service Labour Relations Act for the purpose of the organization and delivery of public health programs and services, the establishment of standards, 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.

9 The Act is amended by adding after section 64.1 the following:

Annual report

64.2( 1) Commencing in the fiscal year 2026-2027, the chief medical officer of health shall prepare an annual report for the preceding fiscal year on the exercise of their functions under this Act containing the following information:

(a) details concerning notifiable events and notifiable diseases;

(b) details concerning outbreaks investigated;

(d) the number of and results of inspections;

(e) the number of people vaccinated;

(f) any information prescribed by regulation; and

(g) any other information the chief medical officer of health considers appropriate.

64.2( 2) The chief medical officer of health shall prepare the annual report and provide the final version of the report to the Minister within the times and in the manner prescribed by regulation.

64.2( 3) The Minister shall table the annual report in the Legislative Assembly not later than the tenth sitting day of the Legislative Assembly after the Minister receives the final version of the report or, if the Legislative Assembly is not then in session, shall file a copy of the annual report with the Clerk of the Legislative Assembly.

10 Section 68 of the Act is amended by adding after paragraph (d.2) the following:

(d.3) prescribing information for the purposes of paragraph 64.2(1)(f),

(d.4) prescribing the times and manner for the purposes of subsection 64.2(2),

TRANSITIONAL PROVISIONS

Appointments before the commencement of this Amending Act

11( 1) The person who held office as the chief medical officer of health immediately before the commencement of this section who was appointed under the Civil Service Act before the commencement of this section shall be deemed, on the commencement of this section, to hold office as the chief medical officer of health appointed under section 58.1 of the Public Health Act and is appointed for a term of 7 years.

11( 2) The appointment of the person who held office as the chief medical officer of health immediately before the commencement of this section who was appointed under the Civil Service Act before the commencement of this section is revoked.

11( 3) Any person who held a position as a medical officer of health immediately before the commencement of this section who was appointed under paragraph 59(1)(b) of the Public Health Act as it read immediately before the commencement of this section shall be deemed, on the commencement of this section, to be appointed as a medical officer of health under section 59 of the Public Health Act.

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