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Chapter	Title
92-126	General

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

1In this Act

“air ambulance” means an aircraft designed or adapted to be used for the transportation of patients;(ambulance aérienne)

“ambulance” means a motor vehicle designed or adapted to be used for the transportation of patients and a support vehicle, but does not include an air ambulance;(ambulance)

“ambulance attendant” means a person who attends patients while they are receiving ambulance services, and includes an ambulance driver;(ambulancier)

“co-ordinating hospital” Repealed: 1992, c.52, s.2

“Director” means the Director of Ambulance Services appointed under section 3 and includes any person designated to act on the Director’s behalf;(Directeur)

“district” Repealed: 2008, c.8, s.1

“employ” includes(employer)

(a) engage under a contract for services, and

(b) accept on a voluntary basis the services of;

“hospital” Repealed: 1992, c.52, s.2

“hospital corporation” Repealed: 2002, c.1, s.1

“inspector” means a person appointed under section 5;(inspecteur)

“medical practitioner” means a person lawfully entitled to practise medicine in the Province;(médecin)

“Minister” means the Minister of Health and includes any person designated to act on the Minister’s behalf;(Ministre)

“operate” means make available for the transportation of patients or for the provision of medical attention to patients;(exploiter)

“patient” means a person who needs or may need medical attention;(patient)

“regional health authority” means a regional health authority established by the Regional Health Authorities Act;(régie régionale de la santé)

“support vehicle” means a motor vehicle designed or adapted to be used for the provision of medical attention to patients.(véhicule de soutien)

1992, c.52, s.2; 2000, c.26, s.17; 2002, c.1, s.1; 2006, c.16, s.9; 2008, c.8, s.1; 2008, c.29, s.1; 2017, c.6, s.1

Administration and objective of the Act

2(1)The Minister is responsible for the administration of this Act and shall endeavour through this Act to ensure the development throughout the Province of a balanced and effective system of ambulance services.

2(2)The Minister may designate persons to act on the Minister’s behalf.

Appointment of Director

3(1)The Minister shall appoint a Director of Ambulance Services.

3(2)The Director may designate persons to act on the Director’s behalf.

Repealed

4Repealed: 2017, c.6, s.1

1992, c.2, s.4; 1998, c.41, s.7; 2000, c.26, s.17; 2006, c.16, s.9; 2010, c.31, s.16; 2012, c.39, s.12; 2017, c.6, s.1

Inspectors

5The Minister may appoint inspectors for the purposes of this Act.

Repealed

6Repealed: 2008, c.8, s.2

1992, c.52, s.2; 2002, c.1, s.1; 2008, c.8, s.2

Repealed

7Repealed: 2008, c.8, s.3

1992, c.52, s.2; 2002, c.1, s.1; 2008, c.8, s.3

Repealed

8Repealed: 2008, c.8, s.4

2008, c.8, s.4

Repealed

9Repealed: 2008, c.8, s.5

1992, c.52, s.2; 2002, c.1, s.1; 2008, c.8, s.5

Repealed

10Repealed: 2008, c.8, s.6

1992, c.52, s.2; 2002, c.1, s.1; 2008, c.8, s.6

Training standards and certification/prohibitions

11(1)The Minister shall establish training standards for the certification of ambulance attendants and may grant certifications of ambulance attendants.

11(2)The Minister may establish different levels of certification for ambulance attendants, and may require periodic re-certification of ambulance attendants.

11(3)The certification of an ambulance attendant lapses at the time stated in the certification unless, by that time, the ambulance attendant is re-certified by the Minister.

11(4)No person shall act as an ambulance attendant unless currently certified by the Minister as an ambulance attendant.

11(5)Unless authorized by a medical practitioner, no ambulance attendant shall, while acting as such, do anything which is beyond the scope of the ambulance attendant’s current certification level.

11(6)No person shall employ any person as an ambulance attendant unless the person employed is currently certified by the Minister as an ambulance attendant.

Vehicle and equipment standards/prohibitions

12(1)The Minister shall establish vehicle standards and equipment standards for ambulances.

12(2)Before an ambulance is first used in the provision of ambulance service, the owner shall make the ambulance and its equipment available for inspection by an inspector.

12(3)If advised by an inspector that the ambulance and its equipment meet the standards established by the Minister, the Director may approve the ambulance for use.

12(4)If advised by an inspector at any time that an ambulance or its equipment do not meet the standards established by the Minister, the Director may withdraw approval of an ambulance.

12(5)No person shall use in the provision of ambulance service an ambulance that is not currently approved in accordance with this section.

Standards — general

13The Minister may establish standards relating to

(a) the medical and other supplies that should be carried in an ambulance,

(b) the services and procedures that should be available from an ambulance, and

(c) the staffing of an ambulance.

Operator’s licence/prohibitions

14(1)A person who intends to operate an ambulance shall apply to the Director for an operator’s licence.

14(2)The Director may issue an operator’s licence if satisfied

(a) that the ambulance service provided by the applicant will be in accordance with this Act, the regulations and any standards established by the Minister,

(b) that the ambulance service provided by the applicant will provide properly for the health and safety of patients,

(c) that there is or may be a need for the ambulance service that the applicant intends to provide,

(d) that the applicant has and will maintain insurance in accordance with the regulations, and

(e) that there is no reason for refusing the application.

14(3)Paragraph (2)(c) does not apply where an applicant

(a) was providing ambulance service on the commencement of this section, and

(b) applies for an operator’s licence within one year after the commencement of subsection (2).

14(4)The Director may impose terms and conditions in an operator’s licence, and by such terms and conditions may, among other things,

(a) restrict the places in which a person may operate ambulances, and

(b) restrict the number of ambulances a person may operate.

14(5)The Director shall impose in every operator’s licence a condition that any ambulance service provided by the operator will be in accordance with this Act, the regulations and any standards established by the Minister.

14(6)No person shall operate an ambulance unless currently licensed under this Act to do so.

2008, c.29, s.1

Suspension or revocation of licence

15The Director may suspend or revoke an operator’s licence

(a) for breach of any term or condition of the licence,

(b) for breach of an operator’s agreement with a regional health authority,

(c) where an operator has provided ambulance service negligently or in a manner prejudicial to the health or safety of patients, or

(d) where, for any other reason, it appears to the Director inappropriate that the operator should continue to operate an ambulance.

1992, c.52, s.2; 2002, c.1, s.1; 2008, c.29, s.1

Repealed

16Repealed: 1994, c.6, s.1

1994, c.6, s.1

Exemptions

17If the Minister is satisfied that it is consistent with the purposes of this Act and is in the public interest to do so, the Minister may exempt any person or vehicle from the application of this Act or any regulation or standard under it for such period and on such terms as the Minister determines.

Agreements, grants, cost of use, communication system

18(1)The Minister may enter agreements with any person for the purposes of this Act, including agreements relating to the training of ambulance attendants and agreements relating to air ambulance service.

18(2)The Minister may make grants to any person for the purposes of this Act, including grants relating to the purchase or equipping of ambulances.

18(3)The Minister may pay or share the cost of the use of an ambulance in circumstances determined by the Minister.

18(4)The Minister may establish and operate, or assist in the establishment and operation of, a communication system for ambulances.

Approval of agreements by the Lieutenant-Governor in Council

18.1The Minister shall not enter into an agreement with EM/ANB Inc. unless the agreement is first approved by the Lieutenant-Governor in Council, and EM/ANB Inc. shall not enter into an agreement with any private operator with respect to the management and operation of ambulance services in the Province unless the agreement is first approved by the Lieutenant-Governor in Council.

2008, c.8, s.7; 2017, c.45, s.2

Powers of inspection and removal

19(1)An inspector may at any reasonable time enter any ambulance and inspect the ambulance, its equipment and its supplies.

19(2)An inspector may at any reasonable time

(a) enter any premises used by an operator in connection with the provision of ambulance services, and

(b) inspect or remove temporarily for inspection any equipment, supplies, books, documents or records relating to the provision of ambulance services.

Detention of ambulance

20(1)Where the Minister believes on reasonable grounds that an ambulance is being operated in violation of subsection 14(6), the Minister may detain the ambulance.

20(2)If, thirty days after the detention of an ambulance under subsection (1), no charge has been laid in relation to the operation of the ambulance, the Minister shall release the ambulance.

20(3)If a charge in relation to the operation of an ambulance is laid within thirty days after the detention of the ambulance under subsection (1), the Minister may retain the ambulance until the charge is finally disposed of, at which time

(a) if the defendant is convicted, the ambulance is forfeited to the Crown, and the Minister may use or dispose of it as the Minister sees fit, or

(b) if the defendant is acquitted, the Minister shall release the ambulance.

Obstruction or hindrance of the Minister, the Director or an inspector

21No person shall obstruct or hinder the Minister, the Director or an inspector in the execution of any function under this Act.

Use of ambulance

22Except with the written permission of the Director, no person shall use or permit an ambulance to be used for a purpose other than

(a) the transportation of patients,

(a.1) the provision of medical attention to patients, or

(b) the transportation of items being transported for medical purposes.

2008, c.29, s.1; 2017, c.6, s.1

Repealed

23Repealed: 2017, c.29, s.3

2017, c.29, s.3

Repealed

24Repealed: 2017, c.29, s.3

2008, c.29, s.1; 2017, c.29, s.3

Evidence

25In any prosecution for a violation of this Act, any document purporting to be signed by the Minister or the Director is admissible in evidence without proof of the signature, appointment or authority of the person purporting to have signed it, and is, in the absence of evidence to the contrary, proof of the matters stated in the document.

Offences and penalties

26(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

26(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

2008, c.11, s.1

Exception

27Nothing in this Act prevents a person from attending or assisting in the transportation of a patient at the request of a medical practitioner, a police officer, a coroner, a firefighter or an ambulance attendant.

2008, c.29, s.1

Regulations

28The Lieutenant-Governor in Council may make regulations

(a) respecting the conduct and management of ambulance services and the use of ambulances;

(b) respecting the records, books, accounting systems, audits, reports and returns to be kept and made by a person who operates an ambulance;

(c) respecting the submission of returns, reports and information to the Director;

(d) respecting the amount and kind of insurance to be maintained by a person who operates an ambulance, and the reporting of cancellation of insurance;

(e) Repealed: 1994, c.6, s.2

(f) providing, subject to this Act, for the appointment of committees and respecting the powers, duties and procedures of committees and the remuneration of their members;

(g) giving additional powers and duties to inspectors;

(h) respecting fees to be paid for things done under this Act and the regulations;

(i) respecting forms for the purposes of this Act and the regulations;

(j) generally for the better provision of ambulance services within the Province and for the better administration of this Act.

1994, c.6, s.2; 2017, c.6, s.1

Repeal

29The Ambulance Services Act, chapter A-7.2 of the Acts of New Brunswick, 1981, is repealed.

Commencement

30This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Column I		Column II

Section		Category of Offence
	11(4)..............		E
	11(5)..............		E
	11(6)..............		F
	12(5)..............		E
	14(6)..............		E
	21..............		E
	22..............		C
	23..............		F
	24..............		F

2008, c.11, s.1

N.B. This Act, except s.11, was proclaimed and came into force October 1, 1992.

N.B. Section 11 was proclaimed and came into force December 31, 2014.

N.B. This Act is consolidated to January 1, 2018.

A-7.3 - Ambulance Services Act

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