2016-c.21 — Health Quality and Patient Safety Act

s. 1 — Definitions and interpretation

2026, c.17, s.12017, c.45, s.3; 2026, c.17, s.1

s. 1(1) — Definitions and interpretation

The following definitions apply in this Act.

s. 1 — advisory-committee

“Advisory Committee” means the New Brunswick Quality of Care and Patient Safety Advisory Committee established under section 2.1.(comité consultatif)

s. 1 — critical-event

“critical event” means a patient safety incident that creates an ongoing safety risk to patients and that(événement critique)

s. 1(a) — Definitions and interpretation

(a) was serious, including an incident

s. 1(a)(i) — Definitions and interpretation

(i) resulting in a symptomatic outcome,

s. 1(a)(ii) — Definitions and interpretation

(ii) requiring that the patient receive a major medical or surgical intervention or life-saving intervention,

s. 1(a)(iii) — Definitions and interpretation

(iii) shortening the patient’s life expectancy, or

s. 1(a)(iv) — Definitions and interpretation

(iv) causing the patient major, long-term or permanent harm or loss of function,

s. 1(b) — Definitions and interpretation

(b) is considered to have contributed to or resulted in a patient’s death, or

s. 1(c) — Definitions and interpretation

(c) in the case of a regional health authority, contributed to or resulted in serious harm to the patient and is, according to the Minister, a never event in hospital care in Canada.

s. 1 — harm

“harm” means an adverse outcome to a patient(préjudice)

s. 1(a) — Definitions and interpretation

(a) identified by clinical observation, assessment or a report by the patient or the patient’s family, and

s. 1(b) — Definitions and interpretation

(b) that resulted in, or could have resulted in, the patient requiring health products, services, treatments, interventions or restorative actions.

s. 1 — health-care-organization

“health care organization” means (organisme de soins de santé)

s. 1(a) — Definitions and interpretation

(a) a regional health authority,

s. 1(b) — Definitions and interpretation

(b) EM/ANB Inc.; and

s. 1(c) — Definitions and interpretation

(c) any other organization prescribed by regulation.

s. 1 — incident-report

“incident report” means a record that sets out the facts of a patient safety incident. (rapport d’incident)

s. 1 — minister

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

s. 1 — patient-safety-incident

“patient safety incident” means an unintended event that (incident lié à la sécurité d’un patient)

s. 1(a) — Definitions and interpretation

(a) occurs when health services are received by a patient or occurs on the property of a health care organization, and

s. 1(b) — Definitions and interpretation

(b) contributes to or results in, or could have contributed to or resulted in, harm to the patient or the death of the patient.

s. 1 — performance-indicator

“performance indicator” means a standardized measure of health system performance, developed in accordance with recognized methodologies, that quantifies and evaluates a specified aspect of health quality and patient safety, establishes a desired direction of performance and enables comparison within or between organizations or other entities, programs, departments, services or populations for the purposes of monitoring, reporting and improving health system outcomes.(indicateur de rendement)

s. 1 — personal-health-information

“personal health information” means personal health information as defined in the Personal Health Information Privacy and Access Act.(renseignements personnels sur la santé)

s. 1 — personal-information

“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act.(renseignements personnels)

s. 1 — quality-assurance-information

“quality assurance information” means information, including personal information and personal health information, that is collected in an incident report or prepared in the course of a quality review or after a quality review by a health care organization but does not include information that is retained for the purpose of documenting health services provided to a particular patient in a patient’s health record.(renseignements utilisés aux fins d’assurance de la qualité)

s. 1 — quality-improvement-activity

“quality improvement activity” means an activity to assess, investigate, evaluate or improve the quality and safety of health services.(activité d’amélioration de la qualité)

s. 1 — quality-improvement-plan

“quality improvement plan” means a quality and safety of health services plan that is developed through an evidence-based process with an emphasis on accountability, transparency and collaboration and that sets out quality improvement activities.(plan d’amélioration de la qualité)

s. 1 — quality-improvement-report

“quality improvement report” means a report that sets out the progress and results of quality improvement activities implemented in the previous year as part of the quality improvement plan.(rapport d’amélioration de la qualité)

s. 1 — quality-review

“quality review” means a process that is conducted to examine the factors that contributed to a patient safety incident or other incident referred to in subsection 3(4).(examen de la qualité)

s. 1 — quality-review-report

“quality review report” means a report that is prepared after a quality review that sets out the facts of the patient safety incident or other incident referred to in subsection 3(4) and recommendations to improve the quality and safety of health services but does not contain personal information or personal health information.(rapport d’examen de la qualité)

s. 1 — regional-health-authority

“regional health authority” means a regional health authority as defined in the Regional Health Authorities Act.(régie régionale de la santé)

s. 1 — surveillance-information

“surveillance information” means microdata with respect to a patient safety incident or quality concern, including personal information and personal health information, that is(renseignements de surveillance)

s. 1(a) — Definitions and interpretation

(a) contained in an information system, or any other system, and

s. 1(b) — Definitions and interpretation

(b) collected, used, disclosed or retained for the purposes of contextualizing, monitoring, detecting and tracking trends in the quality, safety and experiences of or with respect to health products, services, treatments and interventions across a system or organization.

s. 1(2) — Definitions and interpretation

For the purposes of paragraph (b) of the definition “critical event”, a patient safety incident is considered to have contributed to a person’s death if the health care organization makes that determination on a balance of probabilities.

s. 2 — Quality of care and safety of patients committee

2026, c.17, s.1

s. 2(1) — Quality of care and safety of patients committee

Repealed: 2026, c.17, s.1

s. 2(2) — Quality of care and safety of patients committee

A health care organization shall establish and maintain a quality of care and safety of patients committee whose sole purpose is to ensure quality of care and safety of patients.

s. 2(3) — Quality of care and safety of patients committee

A quality of care and safety of patients committee shall perform the duties and functions set out in this Act and the regulations.

s. 2(4) — Quality of care and safety of patients committee

Repealed: 2026, c.17, s.1

s. 2.1

2026, c.17, s.1The Minister shall establish and maintain a New Brunswick Quality of Care and Patient Safety Advisory Committee with the powers and duties prescribed by regulation. 2026, c.17, s.1

s. 3 — Patient safety incidents and other incidents

2026, c.17, s.1

s. 3(1) — Patient safety incidents and other incidents

As soon as the circumstances permit after a patient safety incident occurs, the member of the staff of the health care organization who discovered the incident shall submit an incident report to the health care organization.

s. 3(2) — Patient safety incidents and other incidents

If an incident report is submitted to a health care organization, the health care organization may conduct a quality review.

s. 3(3) — Patient safety incidents and other incidents

Despite subsection (2), in the case of a patient safety incident that is a multiple-patient event or a critical event, the health care organization shall conduct a quality review.

s. 3(4) — Patient safety incidents and other incidents

If an incident occurs that could have resulted in a patient safety incident and the health care organization determines that there is an ongoing safety risk to patients, the health care organization may conduct a quality review.

s. 3(5) — Patient safety incidents and other incidents

After a health care organization conducts a quality review, the health care organization shall

s. 3(5)(a) — Patient safety incidents and other incidents

(a) prepare a quality review report, and

s. 3(5)(b) — Patient safety incidents and other incidents

(b) submit the quality review report to the quality of care and safety of patients committee.

s. 3(6) — Patient safety incidents and other incidents

A health care organization shall notify the quality of care and safety of patients committee on the completion of a quality review.

s. 3(7) — Patient safety incidents and other incidents

Subject to subsection (8), in the case of a patient safety incident that involves two or more health care organizations, the health care organizations may conduct a joint quality review, prepare a joint quality review report and submit the joint report to the quality of care and safety of patients committees involved.

s. 3(8) — Patient safety incidents and other incidents

In the case of a patient safety incident that is a multiple-patient event or a critical event and that involves two or more health care organizations, the health care organizations shall conduct a joint quality review, prepare a joint quality review report and submit the joint report to the quality of care and safety of patients committees involved.

s. 3(9) — Patient safety incidents and other incidents

If a quality review report is submitted to the quality of care and safety of patients committee under this section, the committee shall review the report, approve recommendations in the report and notify the board of directors of the health care organizations involved of the approved recommendations.

s. 4 — Disclosure to patient

2026, c.17, s.12026, c.17, s.1

s. 4(1) — Disclosure to patient

As soon as the circumstances permit after a patient safety incident occurs, the health care organization involved shall notify the patient if

s. 4(1)(a) — Disclosure to patient

(a) the patient safety incident contributed to or resulted in harm to the patient, or

s. 4(1)(b) — Disclosure to patient

(b) the health care organization determines that there is an ongoing safety risk to the patient.

s. 4(2) — Disclosure to patient

A health care organization who provides notice to a patient under subsection (1) shall disclose, when the information is available,

s. 4(2)(a) — Disclosure to patient

(a) the relevant facts of the incident,

s. 4(2)(b) — Disclosure to patient

(b) the health products, services, treatments, interventions and restorative actions, if known, that the patient requires as a result of the incident, and

s. 4(2)(c) — Disclosure to patient

(c) the approved recommendations of the quality of care and safety of patients committee if a quality review is conducted.

s. 4(3) — Disclosure to patient

The health care organization may notify a patient involved in a patient safety incident of any quality improvement activities that were developed as a result of the incident.

s. 4(4) — Disclosure to patient

For the purposes of subsections (2) and (3), the health care organization may disclose information to the patient’s decision-making assistant, decision-making supporter or representative in accordance with the Supported Decision-Making and Representation Act, the patient’s substitute decision-maker in accordance with the Personal Health Information Privacy and Access Act or the patient’s attorney for personal care in accordance with the Enduring Powers of Attorney Act.

s. 4.1

2026, c.17, s.12026, c.17, s.1

s. 4.1(1)

In accordance with the regulations, a health care organization shall

s. 4.1(1)(a)

(a) submit a quality improvement plan to the Minister,

s. 4.1(1)(b)

(b) carry out the quality improvement activities set out in the quality improvement plan, and

s. 4.1(1)(c)

(c) submit a quality improvement report to the Minister.

s. 4.1(2)

A health care organization shall carry out any quality improvement activity required by the Minister.

s. 4.1(3)

A health care organization shall comply with any standard established by the Minister and any principles, standards and policies that the Minister imposes on the health care organization.

s. 4.1(4)

The Minister may approve funding payments for quality improvement activities and may give directives with respect to the funding payments, impose terms and conditions on the funding payments and change, remove or impose new terms and conditions.

s. 4.1(5)

If a health care organization is not in compliance with this Act or the regulations or any applicable principles, standards or policies, the Minister may withhold all or part of funding payments until the health care organization is in compliance.

s. 4.2

2026, c.17, s.12026, c.17, s.1

s. 4.2(1)

As soon as the circumstances permit after a patient safety incident or an incident referred to in subsection 3(4) occurs, a health care organization shall notify the Minister if the incident may

s. 4.2(1)(a)

(a) have significant implications on the health system as a whole or on an interjurisdictional scale,

s. 4.2(1)(b)

(b) be reasonably perceived as a threat to public safety, or

s. 4.2(1)(c)

(c) undermine public confidence in the health system.

s. 4.2(2)

If a health care organization notifies the Minister under subsection (1), the health care organization shall submit to the Minister, as soon as the circumstances permit, a plan for the investigation, disclosure and mitigation of the risk to the public.

s. 4.3

2026, c.17, s.1The Minister may determine the form and manner of submitting a plan or report under this Act and the time within which updates to a plan or report shall be submitted. 2026, c.17, s.1

s. 5 — Non-retaliation

No person shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage a person by reason that the latter has disclosed information to a health care organization, a quality of care and safety of patients committee or the Advisory Committee in connection with a patient safety incident or other incident referred to in subsection 3(4). 2026, c.17, s.1

s. 6 — Confidentiality of information – health care organization and quality of care and safety of patients committee

2026, c.17, s.12026, c.17, s.1

s. 6(1) — Confidentiality of information – health care organization and quality of care and safety of patients committee

Quality assurance information and surveillance information collected by a health care organization or a quality of care and safety of patients committee is confidential and shall not be disclosed to any person.

s. 6(2) — Confidentiality of information – health care organization and quality of care and safety of patients committee

Despite subsection (1), a health care organization

s. 6(2)(a) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(a) may disclose to any person

s. 6(2)(a)(i) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(i) an incident report,

s. 6(2)(a)(ii) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(ii) a quality review report,

s. 6(2)(a)(iii) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(iii) a quality improvement report,

s. 6(2)(a)(iv) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(iv) a performance indicator, and

s. 6(2)(a)(v) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(v) surveillance information that does not contain personal information or personal health information,

s. 6(2)(b) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(b) may disclose to health regulatory bodies quality assurance information that does not contain personal information or personal health information, and

s. 6(2)(c) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(c) shall disclose

s. 6(2)(c)(i) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(i) to the Minister, on the request of the Minister, any surveillance information that the Minister considers appropriate to improve the quality of care and safety of patients,

s. 6(2)(c)(ii) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(ii) to an organization, or other entity determined by the Minister, surveillance information that the Minister considers appropriate to improve the quality of care and safety of patients in accordance with the regulations,

s. 6(2)(c)(iii) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(iii) to a quality of care and safety of patients committee of another health care organization quality assurance information for the purposes of a joint quality review,

s. 6(2)(c)(iv) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(iv) to the Advisory Committee, in accordance with the regulations, quality assurance information and surveillance information, and

s. 6(2)(c)(v) — Confidentiality of information – health care organization and quality of care and safety of patients committee

(v) in the case of a public inquiry into a patient safety matter, to public commissions quality assurance information that does not contain personal information or personal health information.

s. 6.1

2026, c.17, s.12026, c.17, s.1

s. 6.1(1)

Quality assurance information and surveillance information collected by the Advisory Committee is confidential and shall not be disclosed to any person.

s. 6.1(2)

Despite subsection (1), the Advisory Committee may disclose to any person, in accordance with the regulations,

s. 6.1(2)(a)

(a) a quality improvement report, and

s. 6.1(2)(b)

(b) a performance indicator.

s. 6.2

2026, c.17, s.1If this Act is inconsistent or in conflict with a provision of the Right to Information and Protection of Privacy Act, this Act prevails. 2026, c.17, s.1

s. 7 — Inadmissibility of evidence

Except on the trial of a person for an offence in respect of the person’s sworn testimony, a statement, an opinion or advice made or evidence given, orally or in writing, by that or any other person under this Act or the regulations is not admissible in evidence against any person before The Court of King’s Bench or an administrative body, at an inquiry or in any other proceedings. 2026, c.17, s.1

s. 8 — Apologies

2026, c.17, s.1

s. 8(1) — Apologies

In this section, “apology” means an expression of sympathy or regret, a statement that one is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit or imply an admission of fault in connection with the incident to which the words or actions relate.

s. 8(2) — Apologies

A person may make an apology in connection with a patient safety incident or other incident referred to in subsection 3(4), and the apology

s. 8(2)(a) — Apologies

(a) does not constitute, in law, an express or implied admission of fault or liability by the person in connection with the incident,

s. 8(2)(b) — Apologies

(b) despite any wording to the contrary in any contract of insurance or indemnity and despite any other Act or law, does not void, impair or otherwise affect any insurance or indemnity coverage for any person in connection with the incident, and

s. 8(2)(c) — Apologies

(c) shall not be taken into account in any determination of fault or liability in connection with the incident.

s. 8(3) — Apologies

Despite any other Act or law, evidence of an apology by a person in connection with a patient safety incident or other incident referred to in subsection 3(4) is not admissible in any civil proceeding, administrative proceeding or arbitration as evidence of the fault or liability of any person in connection with the incident.

s. 9 — Offences

s. 9(1) — Offences

A person who violates or fails to comply with section 5 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.

s. 9(2) — Offences

A person who violates or fails to comply with section 6 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category J offence.

s. 9.1

2026, c.17, s.1The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf. 2026, c.17, s.1

s. 10 — Regulations

The Lieutenant-Governor in Council may make regulations 2026, c.17, s.1

s. 10(0.a) — Regulations

(0.a) prescribing types of harm for the purposes of the definition “harm” in subsection 1(1);

s. 10(0.b) — Regulations

(0.b) prescribing categories and subcategories of patient safety incidents;

s. 10(a) — Regulations

(a) prescribing organizations for the purposes of the definition “health care organization” in section 1;

s. 10(b) — Regulations

(b) providing for appointments to the quality of care and safety of patients committees, including the size and composition of the committees;

s. 10(b.1) — Regulations

(b.1) prescribing powers and duties of a quality of care and safety of patients committee;

s. 10(b.2) — Regulations

(b.2) providing for membership to the Advisory Committee, including the size and composition of the committee;

s. 10(b.3) — Regulations

(b.3) prescribing powers and duties of the Advisory Committee;

s. 10(c) — Regulations

(c) Repealed: 2026, c.17, s.1

s. 10(d) — Regulations

(d) Repealed: 2026, c.17, s.1

s. 10(d.1) — Regulations

(d.1) respecting a quality improvement plan, including the content of the plan and the time within which the plan shall be submitted;

s. 10(d.2) — Regulations

(d.2) respecting a quality improvement report, including the content of the report and the time within which the report shall be submitted;

s. 10(d.3) — Regulations

(d.3) authorizing the Minister to exercise discretion in extending the time within which a quality improvement plan or a quality improvement report shall be submitted;

s. 10(d.4) — Regulations

(d.4) prescribing information that a health care organization is required to disclose to the Advisory Committee, or authorizing the Minister to exercise discretion in determining the information, and authorizing the Minister to exercise discretion in determining the time within which the information shall be provided;

s. 10(d.5) — Regulations

(d.5) prescribing situations in which a health care organization is required to provide notice to the Minister and to the public on risks to the public relating to quality and safety of health services and the process for providing notice;

s. 10(d.6) — Regulations

(d.6) prescribing performance indicators, the process for reporting the performance indicators and to whom the performance indicators shall be reported;

s. 10(d.7) — Regulations

(d.7) respecting quality assurance information and surveillance information, including the collection, use, disclosure and retention of the information;

s. 10(e) — Regulations

(e) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

s. 10(f) — Regulations

(f) governing any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.

s. 11 — Child and Youth Advocate Act

s. 12 — Ombudsman Act

s. 13 — Commencement