Acts and Regulations

2021-69 - Public Health Act

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NEW BRUNSWICK
REGULATION 2021-69
under the
Public Health Act
(O.C. 2021-245)
Filed September 21, 2021
1Paragraph 3(2)(f) of New Brunswick Regulation 2021-67 under the Public Health Act is amended by striking out “ like pottery and art”.
2The heading “Providing proof of vaccination or wearing a mask and being regularly tested in certain settings” preceding section 4 of the Regulation is repealed and the following is substituted:
Providing proof of vaccination or being regularly tested in certain settings
3Section 4 of the Regulation is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “to wear a mask in a manner that covers their mouth and nose while working or living in the setting and”;
(b) in subsection (2) by striking out “to wear a mask in accordance with subsection (1) and to be tested regularly for COVID-19” and substituting “to be tested regularly for COVID-19”;
(c) by repealing subsection (3) and substituting the following: 
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 does not provide proof of vaccination against COVID-19 in accordance with section 6 is reminded that the eligible person will be tested regularly for COVID-19.
4Subsection 5(2) of the Regulation is repealed and the following is substituted:
5(2)Subsection (1) does not apply if the eligible person is
(a) travelling for work and is employed by an employer that has a policy that their employees are either vaccinated or tested regularly for COVID-19,
(b) driving a commercial vehicle,
(c) travelling for the purpose of accessing childcare services,
(d) travelling for the purposes of attending school as defined in the Education Act, and
(e) travelling for the purpose of carrying out a custody and access arrangement.
5The Regulation is amended by adding the following after section 5: 
Obligation to provide information to close contacts if positive test for COVID-19
5.1 A person who receives a positive test for COVID-19 shall report to their close contacts any information or give any instructions required by an agent or employee of the Minister within 24 hours of being informed of the positive test.
6The Regulation is amended by adding the following after section 9: 
MASKS
Requirement to wear masks in public indoor spaces
9.1(1)The following definitions apply in this section.
“indoor workplace” means an enclosed place in which employees perform the duties of their employment and to which members of the public do not normally have access.(lieu de travail fermé)
“public indoor space” means all or any part of a building or other enclosed place to which members of the public have access as of right or by express or implied invitation, and includes a motor vehicle or ferry that is used or made available for public transit.(espace public intérieur)
9.1(2)Subject to subsections (4) and (5), a person shall wear a mask in a manner that covers their mouth and nose when the person is in
(a) a public indoor space, and
(b) an indoor workplace, if the person is in a common area, including lunchrooms, hallways, washrooms, stairwells and elevators.
9.1(3)An owner or occupier of a public indoor space or an indoor workplace shall ensure that every person who enters is wearing a mask in accordance with subsection (2) and, if not wearing a mask, is reminded to do so as soon as the circumstances permit.
9.1(4)Subsection (2) does not apply to
(a) a child who is under two years of age,
(b) a person with a medical condition that prevents them from safely wearing a mask,
(c) a person who is unable to put on or remove a mask without assistance,
(d) a person who is swimming or engaged in other athletic activities,
(e) a person who is participating in a court proceeding, or
(f) a person who needs to temporarily remove their mask for the purpose of
(i) receiving a service that requires the removal of their mask,
(ii) consuming food or drink,
(iii) an emergency or a medical reason, or
(iv) establishing their identity.
9.1(5)Subsections (2) and (3) do not apply in any of the following settings, if the setting has a policy in place that addresses the wearing of masks and that policy is in conformity with any public health directives from the chief medical officer of health: 
(a) a community health centre;
(b) a hospital facility;
(c) an early learning and childcare facility; and
(d) a school as defined in the Education Act.
7 This Regulation comes into force on September 22, 2021.