I agree with @DominicCardy view that there should be mandatory vaccination in schools. To do so, the Education and Public Health Acts needs to be amended to require mandatory vaccination of any students who can receive the covid-19 vaccine. Why? Let me explain #nbpoli /n
Presently only those students who are entering school for the first time have to show proof of immunization for a list of diseases outlined in Public Health regulations. There is a separate list for childcare operators #nbpoli /2
Currently the information of whether a student is vaccinated can only be requested by the school system if a child is attending for the 1st time. Early Childcare providers have it as a requirement for any children attending the facility /3
There is a loophole presently that the school or early childcare system cannot ask proof of vaccination for any student whose parent or legal guardian objects to the vaccination by signing a written form. The loophole should be reduced in scope but that is a different topic /4
The Education Act has a corresponding obligation for the superintendent to refuse admission of any student registering for the first time who does not show a proof of vaccination plus the medical + now defined objections for reasons of conscience or religion /5
There is considerable more flexibility under the Early Childhood Services Act as cabinet already has the delegated authority to make regulations respecting regulations which are found under the licensing regulations so that act doesn't need to be amended with 1 exception /6
The Public Health Act allows the Minister of Health to establish an immunization registry to contain information prescribed by regulation and any other information the Minister considers necessary. This is great as it allows flexibility! /7
From a drafting perspective, it is probably better for amendments related to a covid-19 requirement to be stand alone as they serve a different purpose than the current immunization scheme. Especially given Bill 11 which would have removed any objection loophole did not pass /8
The Assembly would pass a law to specifically target covid-19 to mitigate another mass disruption to the education system & protect. What happens to students or their parents (depending on age) who refuse to be vaccinated? Are objections for religious grounds ok? /8
For the regular proof of immunization program students who are not vaccinated against the list of diseases cannot enter the public school or childcare systems. For a mandatory covid vaccination, would students not be able to return to class, would there be a fine? Testing? /9
Bill 11 only permitted medical exemptions and would have resulted in the non admittance of any student currently in the system. Would the Assembly pass another version of this bill? Or is a targetted covid bill a better approach to get more buy-in? /10
Basically there are different policy approaches via amending the law and regulations. The key thing is the existing framework does not allow for Education to know the covid vaccination status of students due to Privacy Laws. Amendments enable info sharing. /11
The additional problem with adding Covid-19 vaccination to the immunization list is that it currently isn't authorized for children under the age of 12. Once authorization occurs, it simplifies things. However does education need to know ASAP for situational awareness? /12
Simply adding a Covid-19 requirement would mean new students couldn't enter unless they were 12 and older. Alternatively making it a requirement without giving the Minister the regulatory flexibility to set an age requirement causes issues. Thus a more tailored approach /13
For early childcare providers all changes can occur by regulation to apply to all children in the system except for the need to perhaps close the exemption loophole. Of course young children cannot be vaccinated so not presently an issue. /14
Putting my emergency management hat on, is important for education and public health to have better situational awareness on the vaccination rates in specific schools? Is it also important for all children to be vaccinated? Gov has a duty of care. This drives decision making /15
Feel free to let me know if I missed anything. I did not undertake a Charter analysis of this measure which is also important to do. In this case government needs to balance the objections to vaccination with public health concerns & duty of care for students /16
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Now let's look at what the government could do using the Public Health Act. 1st is closing down businesses and also placing capacity restrictions. In fact they did exactly that when the original "modern" public Health Act was passed in 1918 to address the Spanish Flu. #nbpoli
The powers under the Public Health Act re notifiable diseases in humans are divided into two areas. Medical Officers of Health have powers (currently being used) & Cabinet has a more general power to make regulations to control of covid or the vaccination of residents"
I am not going to speculate exactly what form this could take as cabinet can make formal regulations "regulations respecting covid-19" to clarify powers of the Chief Medical Officer of Health or there could be a more or subsidiary policy instrument like an Order
With the announcement of possible new public health restrictions being approved by the NB cabinet. let's have a quick look at what the province cannot do without a state of emergency: any matters that do not fall within the purpose of the Public Health Act #nbpoli
Generally if we look at the Mandatory Order, it conferred extraordinary powers to the Minister of Public Safety and cabinet to take additional measures related to addressing an emergency.
Lets use the May 29, 2020 order as an example where it extended the validity of expired licences, registrations, certificates and permits. This has no linkage to Public Health so cabinet cannot use this power outside a state of emergency.
On Nov 14, 1918 the NB Minister of Health lifted public gathering restrictions after shutting the province down on Oct 11. Schools reopened on Nov 18. His letter has commentary that is very relevant for NB in its path living with covid. Let's have a look. /N #nbpoli
In lifting public health restrictions in 1918 the NB Minister stated that "the Department of Health would not wish it to be understood, that it regards the epidemic as completely done and over with. In probably very few parts of the province is this absolutely the case" /2
"Beyond doubt, it will be many weeks before sporadic cases crease to appear, and in some localities mostly in the remotest settlements, and in somewhat isolated communities it is yet in an epidemic stage" /3
A reminder that the Public Health Act gives cabinet the ability to make regulations related to the control of notifiable diseases, & respecting the vaccination of residents of the Province. There is no need to declare a state of emergency to reintroduce certain measures #nbpoli
Whether certain measures are needed should be based on recommendations from Public Health.
These powers are in addition to tools available by medical officers of health or under legislation governing schools & childcare facilities.
Crowdsourcing: It appears a drafting error was created in the OAS Act. A defeated gov amendment to BIA C-30 at report stage to restore clause 158 resulted in all subsequent clauses being offset by -1. Does this cause an error in whether the $500 payment is income for the OAS Act?
For example, is the $500 one time payment for seniors 75+ is no longer exempt income for the OAS act as s.268 of the BIA 2021 now accidentaly refers to the Public Service Employment Act by referencing s.276 rather than s.275?
The OAS Act itself is strange as the definition of income under s.2 (c)(i.1) refers to s.276 of the BIA 2021, No.1 but the related provision refers to s.275. Not sure how to resolve the inconsistency laws-lois.justice.gc.ca/eng/acts/o-9/F…
Historically New Brunswick had mandatory vaccination laws for all individuals in the province against smallpox. These became more limited to those in high risk employment settings. Depending on the context government isn't required to offer an employment accommodation. #nbpoli
The Moncton Daily Transcript reporting in January 1900 that cabinet authorized a mandatory vaccination order in Campebellton and Moncton to combat a smallpox outbreak. There was a defect in the regulations which was deemed retroactively valid via a 1903 law
If the province wishes to require mandatory vaccination of students aged 12 and up against covid as a condition of in person learning, then it will have to amend the Education Act as proof of vaccination is currently only required for students entering school for the 1st time