<<SR_PageTitle>>

Acts and Regulations

2023-33 - Public Health Act

Table of contents

Full text

NEW BRUNSWICK

REGULATION 2023-33

under the

Public Health Act

(O.C. 2023-112)

Filed May 30, 2023

1Section 2 of New Brunswick Regulation 2022-39 under the Public Health Act is amended by adding the following definitions in alphabetical order:

“Guidelines” means the New Brunswick Technical Guidelines for Water Circulation Systems published by the Minister, as amended from time to time. (lignes directrices)

“water management program” means a Legionella bacteria control water management program referred to in section 6.3. (programme de gestion de l’eau)

2The Regulation is amended by adding after section 6 the following:

Exemption – federal buildings

6.1A water circulation system located in a building owned by the Government of Canada and in respect of which the Minister has entered into a Memorandum of Understanding with the Government of Canada in relation to the disclosure of information concerning the water circulation system is exempt from the application of sections 4 and 6.2 to 6.7.

Standards and requirements

6.2(1)For the purposes of subsection 24.3(1) of the Act, the standards and requirements are those specified in the Guidelines.

6.2(2)The Minister shall publish the Guidelines by posting them on the Government of New Brunswick website.

Water management program

6.3(1)For the purposes of paragraph 24.3(2)(a) of the Act, it is a term or condition of a licence that a holder of a licence operate and maintain a water circulation system in accordance with a water management program that is prepared, reviewed and, if necessary, revised by a person who meets the criteria specified in the Guidelines with respect to training and qualifications.

6.3(2)A water management program shall be reviewed and, if necessary, revised once every five years or at the frequency specified in the Guidelines if they require more frequent reviews or at any time required by a medical officer of health.

6.3(3)A water management program shall contain the components specified in the Guidelines.

6.3(4)A holder of a licence shall provide to the Minister in the manner required by the Minister a copy of the water management program and any revisions to the program.

6.3(5)A holder of a licence shall maintain a copy of the most recent version of the water management program in the building where the water circulation system is located.

Water monitoring

6.4A holder of a licence shall monitor the water in a water circulation system for the presence of Legionella bacteria by

(a) taking water samples in the manner, with the frequency and at the locations specified in the Guidelines, and

(b) submitting the water samples for testing to an accredited laboratory that meets the requirements set out in the Guidelines for the delivery of water testing services.

Reporting test results

6.5Within five days after a holder of a licence receives the test results, the holder shall submit a report of the results to the Minister by electronic means.

Corrective actions

6.6If the water in a water circulation system contains Legionella pneumophila bacteria in a quantity or concentration that is equal to or greater than 1,000 CFU/ml or 1,000 MPN/ml, a holder of a licence shall take the corrective actions specified in the Guidelines.

Records and documents

6.7A holder of a licence shall maintain for at least three years the following records and documents:

(a) with respect to a water sample taken under section 6.4, records and documents that contain the following information:

(i) the location where the sample was taken;

(ii) the date and time when the sample was taken; and

(iii) the test results;

(b) records and documents concerning any corrective actions taken under section 6.6; and

Notify medical officer of health

6.8For the purposes of paragraph 24.3(6)(b) of the Act, the prescribed quantity or concentration of Legionella pneumophila bacteria is 1,000 CFU/ml or 1,000 MPN/ml.

3This Regulation comes into force on June 1, 2023.