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
Now balancing Public Health with other factors "To have retained the general closure, however, until practically all traces of the disease had disappeared, would have entailed an amount of hardship, inconvenience and loss which the department consider would be unwise to impose"/4
Local rules "To guard the public so far as may be practicable,however, for any ill-consequences of a premature reopening of localities still largely infected, it had advised the local authorities to use their discretion in the matter, and not to reopen for a little time longer"/5
Furthermore not to reopen "if in their judgement, it would be wiser to continue the closures." The letter ends with caution 👇 /6
"Everywhere the Department would urgently request the public to exercise utmost caution and good sense in resuming their usual habits in regards to public meetings of all sorts." /7
"No one should attend such gathering that is to say, until all cough and discharges from the noise and throat have disappeared. It is also of equal importance that no one, although well himself, should mingle in the public while the disease remains within the family" /8
The 1919 report of the medical officer of Health shows after the 1st wave of the Spanish Flu in the fall of 1918 the virus infected an additional 25% of cases and deaths resulting in a total by October of 1919 of 35,851 cases and 1394 deaths with a case mortality rate of 3.9% /9
This is where a historical comparison between the Spanish Flu and Covid in NB stops. It stops for one important aspect: vaccination. Our ancestors did not have a vaccine against the covid. They did have one for smallpox. The mass vaccination of NB helped end that disease. /10
We are now in a phase of covid where the comparison is smallpox vaccination. NB had mass vaccinations in schools & for certain employments including lumber camps to eradicate the disease where people were in close proximity. Note the success of initial school vaccination.👇/11
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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.
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.
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
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