Acts and Regulations

2011, c.146 - Emergency 911 Act

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Current to 1 January 2024
2011, c.146
Emergency 911 Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“emergency service provider” means(fournisseur de services d’urgence)
(a) a police force as defined in the Police Act,
(b) a fire department organized to serve any area of the Province,
(c) an ambulance service provided in accordance with the Ambulance Services Act,
(d) if the Royal Canadian Mounted Police agrees to participate in the development, establishment or operation of the NB 911 service and except in section 3, the Royal Canadian Mounted Police, and
(e) such other person or service as may be designated by the Minister.
“Fund” means the NB 911 Service Fund established under section 7. (Fonds)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act.(gouvernement local)
“Minister” means the Minister of Public Safety and includes any person designated by the Minister under section 10 to act on the Minister’s behalf. (ministre)
“municipality” Repealed: 2017, c.20, s.60
“NB 911 service” means a province-wide system for the coordination of emergency services and for the reporting of emergencies to emergency service providers through a public safety answering point.(service d’urgence 911, N.-B.)
“public safety answering point” means a communication centre that receives emergency calls and dispatches the calls to emergency service providers. (centre de prise d’appels pour la sécurité du public)
“subscriber” means(abonné)
(a) an end-user who is located within the Province and subscribes to a landline-based telephone service of a telecommunications service provider, or
(b) an end-user who is assigned a telephone number associated with an area within the Province and subscribes to a wireless telephone service of a telecommunications service provider.
“telecommunications service provider” means a person who provides a landline-based telephone service or a wireless telephone service in the Province. (fournisseur de services de télécommunication)
1994, c.E-6.1, s.1; 1998, c.41, s.45; 2000, c.26, s.101; 2005, c.7, s.26; 2005, c.18, s.1; 2012, c.25, s.1; 2016, c.37, s.58; 2017, c.20, s.60; 2019, c.2, s.44; 2020, c.25, s.44; 2022, c.28, s.16
NB 911 service
2The Minister, in cooperation with telecommunications service providers, providers of other relevant technologies, local governments and emergency service providers, shall develop, establish and operate a NB 911 service.
1994, c.E-6.1, s.2; 2005, c.18, s.2; 2012, c.25, s.2; 2017, c.20, s.60
Participation by local governments and emergency service providers
2017, c.20, s.60
3Every local government and emergency service provider shall participate in the development, establishment and operation of the NB 911 service.
1994, c.E-6.1, s.3; 2017, c.20, s.60
Agreements re development, establishment and operation of NB 911 service
4(1)The Minister may enter into agreements with a person, a local government, an emergency service provider or a telecommunications service provider in relation to the development, establishment and operation of the NB 911 service.
4(2)Without limiting the generality of subsection (1), an agreement entered into under subsection (1) may contain provisions respecting
(a) the civic addressing of residences and businesses located in a local government, and
(b) any arrangement, function, procedure, protocol, service or standard considered necessary for the purposes of the effective operation of the NB 911 service.
1994, c.E-6.1, s.4; 2005, c.18, s.3; 2017, c.20, s.60
Fees for NB 911 service
5Unless a telecommunications service provider has entered into an agreement with the Minister under section 6 and the agreement is valid and of full effect, the telecommunications service provider shall bill and collect from its subscribers fees for the NB 911 service and remit the fees to the Province in accordance with the regulations.
2006, c.26, s.1
Agreement re collection of fees
6(1)The Minister may enter into an agreement with a telecommunications service provider in relation to the billing, collecting and remitting of fees for the NB 911 service that the telecommunications service provider shall bill and collect from its subscribers and remit to the Province.
6(2)A telecommunications service provider that enters into an agreement with the Minister under subsection (1) shall comply with the terms and conditions of the agreement.
6(3)The fees referred to in subsection (1) shall be prescribed by regulation.
6(4)An agreement under subsection (1) may authorize a telecommunications service provider to retain a portion of the fees it collects for the NB 911 service.
2005, c.18, s.4; 2006, c.26, s.2
NB 911 Service Fund
7(1)There is established a fund called the NB 911 Service Fund.
7(2)The Minister is the custodian of the Fund and the Fund is held in trust by the Minister.
7(3)The Fund shall be held for the purposes of this Act in a separate account in the Consolidated Fund.
7(4)The fees collected by a telecommunications service provider for the NB 911 service shall be paid into the Fund, less the portion of the fees the telecommunications service provider retains under an agreement entered into under subsection 6(1).
7(5)All interest arising from the Fund shall be paid into and form part of the Fund.
7(6)The Minister may make payments out of the Fund for the following purposes:
(a) developing, establishing, operating and improving the NB 911 service; and
(b) paying for costs associated with administering the Fund.
2005, c.18, s.4
Protection from liability
8The Province, the Minister, a person who enters into an agreement with the Minister under subsection 4(1), a telecommunications service provider, a local government, an emergency service provider or an employee or a volunteer engaged by any of them is not liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by the Province, the Minister, the person who enters into an agreement with the Minister under subsection 4(1), the telecommunications service provider, the local government, the emergency service provider, the employee or the volunteer under the authority of this Act or the regulations.
1994, c.E-6.1, s.5; 2005, c.18, s.5; 2017, c.20, s.60
Offences and penalties
9(1)A person who violates or fails to comply with section 5 or subsection 6(2) of this Act commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence.
9(2)A person who violates or fails to comply with any provision of the regulations commits an offence that is, subject to subsection (3), punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
9(3)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 11(o) commits an offence of the category prescribed by regulation.
1994, c.E-6.1, s.6; 2006, c.26, s.3
Administration
10The Minister is responsible for the administration of this Act and the regulations, and may designate one or more persons to act on the Minister’s behalf.
1994, c.E-6.1, s.7
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) respecting the civic addressing of residences and businesses located in the Province;
(b) requiring the owner or occupier of a residence or business located in the Province to display the civic address of the residence or business and respecting the size, location and design of civic addresses to be displayed;
(c) requiring a local government to provide to the Minister the civic addresses of residences and businesses located in the local government and respecting the manner, form and time in which the information is to be provided;
(d) respecting the selection and operational boundaries of public safety answering points for the purposes of this Act;
(e) respecting standards in relation to
(i) the performance and operation of a public safety answering point, and
(ii) the training and certification of employees of a public safety answering point;
(f) respecting services and functions to be performed by public safety answering points for the purposes of the effective operation of the NB 911 service;
(g) respecting services and functions to be performed by emergency service providers for the purposes of the effective operation of the NB 911 service;
(h) respecting procedures to be followed by public safety answering points to monitor and evaluate the operation of the NB 911 service;
(i) respecting procedures to be followed by emergency service providers to monitor and evaluate the operation of the NB 911 service;
(j) requiring an emergency service provider to give advance notice to the Minister of any change to the operational boundaries of the emergency service provider and respecting the manner, form and time in which the notice is to be given;
(k) requiring an emergency service provider to give advance notice to the Minister of any change to the operational procedures of the emergency service provider that might impact on the effective operation of the NB 911 service and respecting the manner, form and time in which the notice is to be given;
(l) prescribing fees to be billed, collected and remitted for the NB 911 service;
(m) respecting the billing, collecting and remitting of fees for the NB 911 service for the purposes of section 5, including the terms and conditions to be complied with by a telecommunication service provider;
(n) respecting the confidentiality of information acquired in the development, establishment and operation of the NB 911 service and the circumstances under which the information may be disclosed;
(o) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act.
1994, c.E-6.1, s.8; 2005, c.18, s.6; 2006, c.26, s.4; 2017, c.20, s.60
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 10, 2022.