Acts and Regulations

2021-67 - COVID-19 Preventative Measures

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NEW BRUNSWICK
REGULATION 2021-67
under the
Public Health Act
(O.C. 2021-243)
Filed September 17, 2021
Under section 68 of the Public Health Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the COVID-19 Preventative Measures Regulation – Public Health Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Public Health Act. (Loi)
“approved vaccine” means a vaccine approved by Health Canada against COVID-19, and includes any combination of approved vaccines. (vaccin approuvé)
“eligible person” means a person who is eligible to receive an approved vaccine. (personne admissible)
PREVENTATIVE MEASURES
Providing proof of vaccination or exemption before entering certain premises or attending certain activities
3(1)An eligible person shall not enter a premises or attend an activity referred to in subsection (2) without providing proof of vaccination against COVID-19 in accordance with section 6 or providing proof of medical exemption in accordance with section 7.
3(2)The following premises and activities are prescribed for the purposes of subsection (1):
(a) festivals, performing arts events and sporting events that are held indoors;
(b) restaurants, pubs and bars, whether food or drink service is provided indoors or outdoors;
(c) nightclubs, amusement centres, pool halls, bowling alleys and casinos;
(d) movie theatres, libraries and museums;
(e) gyms, indoor pools and other indoor recreational facilities, including tennis courts and climbing walls;
(f) organized group recreational sports, classes and activities like pottery and art that are held or provided indoors;
(g) gatherings that are held indoors, other than gatherings held indoors in a private dwelling;
(h) visiting a community residential placement facility as defined in the Community Placement Residential Facilities Regulation – Family Services Act; and
(i) visiting a nursing home as defined in the Nursing Homes Act.
3(3)An owner or occupier of a premises referred to in subsection (2) or a person that organizes an activity referred to in subsection (2) shall require every eligible person to provide proof of vaccination against COVID-19 in accordance with section 6 or proof of medical exemption in accordance with section 7 before allowing the eligible person to enter the premises or to attend the activity, as the case may be.
Providing proof of vaccination or wearing a mask and being regularly tested in certain settings
4(1)All eligible persons working or living at the following settings are required to provide acceptable proof of vaccination against COVID-19, or are required to wear a mask in a manner that covers their mouth and nose while working or living in the setting and to be tested regularly for COVID-19: 
(a) facilities that provide mental health or addiction services that are not provided by a regional health authority under the Regional Health Authorities Act;
(b) transition houses approved by the Minister of Social Development under the Family Services Act;
(c) emergency shelters for the homeless and soup kitchens; and
(d) assisted living facilities.
4(2)An owner or occupier of any of the settings referred to in subsection (1) or a person acting on behalf of the owner or occupier shall require every eligible person working or living at the setting to show proof of vaccination against COVID-19 in accordance with section 6 or to wear a mask in accordance with subsection (1) and to be tested regularly for COVID-19.
4(3)An owner or occupier of a setting referred to in subsection (1) shall ensure that an eligible person working or living at the setting who is not wearing a mask in accordance with subsection (1) is reminded to do so, and reminded that the eligible person will be tested regularly, as soon as the circumstances permit.
Registration and proof of vaccination before entering the Province
5(1)Subject to subsection (2), before entering the Province, an eligible person who is a resident of the Province, resident of any province or territory of Canada other than New Brunswick or a resident of a country other than Canada shall register their travel with the New Brunswick Travel Registration Program and provide the New Brunswick Travel Registration Program with one of the following proofs:  
(a) proof of vaccination against COVID-19 in accordance with paragraph 6(1)(a), (b) or (c), as the case may be, or
(b) proof of medical exemption in accordance with paragraph 7(1)(a), (b) or (c), as the case may be.
5(2)Subsection (1) does not apply if the eligible person is driving a commercial vehicle.
5(3)Subject to subsection (4), when an eligible person cannot provide proof of vaccination against COVID-19 or proof of medical exemption under subsection (1), the eligible person shall be required to self-isolate in accordance with any directions from a medical officer of health for a period of no less than 14 days beginning when they arrive in the Province.
5(4)On or after 10 days of self-isolation, an eligible person referred to in subsection (3) may end the self-isolation period when they receive a negative test for COVID-19.
PROOF OF VACCINATION OR EXEMPTION
Proof of vaccination
6(1)Subject to subsection (2), the following documents are acceptable proof of vaccination against COVID-19 for the purposes of this Regulation:
(a) for an eligible person who is a resident of New Brunswick
(i) a valid identification document issued by the government of the Province, and
(ii) any one of the following documents: 
(A) a New Brunswick Record of COVID-19 immunization;
(B) a record of COVID-19 immunization produced from the immunization registry established by the Minister under section 42.3 of the Act or from a pharmacy; or
(C) a record of COVID-19 immunization produced from the MyHealthNB Portal;
(b) for an eligible person who is a resident of any province or territory of Canada other than New Brunswick
(i) a valid government-issued identification document from the province or territory, and
(ii) a record of COVID-19 immunization that is officially recognized by the government of that province or territory; and
(c) for an eligible person who is a resident of a country other than Canada
(i) a valid government-issued identification document from the country, and
(ii) the record of COVID-19 immunization that the eligible person was required to provide to enter Canada and not quarantine.
6(2)In order to be considered proof of vaccination against COVID-19 for the purposes of this Regulation, a record of COVID-19 vaccination prescribed in subsection (1) shall indicate that the eligible person received the full series of an approved vaccine.
6(3) Proof of vaccination against COVID-19 under subsection (1) may be in the form of a photocopy or photo, a digital proof or be displayed on an electronic device, as long as the information contained within is readable.
Proof of exemption
7(1)Subject to subsection (3), the following documents are acceptable as proof of medical exemption from vaccination against COVID-19 for the purposes of this Regulation:
(a) for an eligible person who is a resident of New Brunswick
(i) a valid identification document issued by the government of the Province, and
(ii) a medical exemption, on a form provided by the Minister, that is signed by a medical practitioner or nurse practitioner;
(b) for an eligible person who is a resident of any province or territory of Canada other than New Brunswick
(i) a valid government-issued identification document from the province or territory, and
(ii) a record of medical exemption that is officially recognized by the government of that province or territory; and
(c) for an eligible person who is a resident of a country other than Canada
(i) a valid government-issued identification document from the country, and
(ii) the record of any medical exemption that the eligible person was required to provide to enter Canada.
7(2)Proof of medical exemption under subsection (1) may be in the form of a photocopy or photo, a digital proof or be displayed on an electronic device, as long as the information contained within is readable.
7(3)A medical exemption referred to in paragraphs (1)(b)(ii) and (c)(ii) must meet the requirements for a medical exemption from vaccination against COVID-19 established in the Province.
False statement or information
8 No person shall knowingly make a false statement when registering their travel under subsection 5(1) or make any other false statement, either orally or in writing, with respect to proof of vaccination against COVID-19 or medical exemption or travel to a peace officer or other persons engaged in carrying out their duties and functions or in exercising their powers under this Regulation.
No vaccination information to be retained
9An owner, occupier or any other person who requires an eligible person to show proof of vaccination against COVID-19 or medical exemption under this Regulation shall not retain a record of any of the eligible person’s information.
Repeal
10Unless repealed earlier, this Regulation is repealed on April 30, 2022.
Commencement
11This Regulation comes into force on September 22, 2021.