New Brunswick therapy clinic regulations for private pediatric clinics

New Brunswick therapy clinic regulations at a glance

This summary covers New Brunswick only, and each cell links to the page it came from. Several regulator sites could not be read, so some cells say “not found on the official pages we read”. That wording records the limits of our reading and does not mean a rule is absent.

Health privacy: who is a custodian and what the Ombud expects

PHIPAA defines a custodian as an individual or organization that collects, maintains or uses personal health information to provide health care, and it lists health care providers who are not agents or employees of a custodian [NB-1]. An agent excludes the custodian’s employees, and a custodian that retains an agent for collection, use, disclosure or retention must have a written agreement with that agent (s. 52(1)). Our reading is that the clinic organization is a custodian, its employed clinicians are employees, and a contractor clinician may be a separate custodian unless engaged as an agent in writing. The Act does not settle every mixed arrangement; the Ombud or counsel can address a particular arrangement. A custodian that gives personal health information to an information manager for processing, storing or destroying it needs a written agreement describing the services and safeguards (s. 52(3); Regulation 2010-112 s. 21) [NB-2].

Consent is express or implied. A custodian may assume knowledgeable implied consent to collect, use or disclose information to another custodian for providing care (s. 18). Express consent is required to disclose to the media, for fundraising, to a visitor to a health care facility, and for research (s. 19(1)). The Office of the Privacy Commissioner of Canada lists the Act as substantially similar to PIPEDA [NB-5].

On a breach, the custodian notifies the individual and the Ombud at the first reasonable opportunity if information is stolen, lost, disposed of except as the Act permits, or disclosed to or accessed by an unauthorized person (s. 49(1)(c)). Section 49(2) lifts that duty only if the custodian reasonably believes the event will not harm the provision of care or benefits, will not harm the individual’s mental, physical, economic or social well-being, and will not lead to identification. We read the three paragraphs together; the Ombud, whose information and privacy page explains custodians, agents and complaints [NB-4], can confirm that reading. The notice gives the custodian’s name, the contact person, the nature of the breach, its date and location and the date it was discovered (Regulation s. 19(2)), which still says “Commissioner” where the Act now says Ombud. The Ombud’s form, revised in July 2025, follows four steps (contain, evaluate, notify, prevent) and goes to ombud@ombudnb.ca, by fax to 506.453.5599, or by mail to PO Box 6000, Fredericton, NB E3B 5H1; the office answers questions at (506) 453-2789 or 1-888-465-1100 [NB-3].

Records and policies carry their own duties. A custodian establishes information practices and designates a person to ensure compliance, answer inquiries and receive complaints (s. 49(1)). It adopts reasonable administrative, technical and physical safeguards (s. 50), keeps a written security policy and a record of all security breaches with the corrective steps taken (Regulation s. 20), and keeps a written policy for retention, archival storage, access and secure destruction that includes a destruction log (s. 55(1)). The Act prescribes no number of years for retention. If a custodian stops operating, it or its successor must notify the people whose records it holds where the records are kept and for how long (s. 54(2)). Wilful contravention is an offence, with a two-year limit on prosecution (s. 76).

A custodian responds to an access request no later than 30 business days after receiving it and may extend by up to 30 more business days for listed reasons, with longer extensions needing the Ombud’s approval (s. 10); silence counts as a refusal. Examining a record carries no charge, and copy fees must be fair and reasonable (s. 13). Under the Regulation, search and preparation costs $15 for each half-hour beyond the first two hours, and the custodian may waive fees for unreasonable financial hardship (ss. 9 and 13). Because the statute page is current only to 1 January 2024, check the Royal Gazette or the annual Acts for later amendments before relying on a section number.

Professional regulators: two Acts in motion and two sites we could not read

New Brunswick’s therapy regulators are separate bodies with separate Acts, and two of them changed shape in 2025. Read each regulator’s page for the professions in your building. The table gives what we read; cells that say “not found” record the limits of our reading and do not mean a rule is absent.

Working with children: reporting, consent at 16 and police checks

The Child and Youth Well-Being Act, in force since 26 January 2024, tells any person who has reason to believe a child or youth’s well-being is in danger to inform the Minister without delay, even if the information came within a confidential relationship (s. 35(1)). A “person required to report” includes a psychologist, any other health professional, a recreational services administrator or worker, and anyone whose employment or profession carries a duty of care toward a child or youth. That person reports directly to the Minister without delay when they acquire information that should reasonably make them suspect danger (s. 35(2)), and failing to do so is an offence (s. 35(3)) [NB-8]. The page shows a consolidation to 30 June 2026 with 2025 amendments to the definition of a person required to report. The offence penalty amount and an official reporting phone number were not found on the official pages we read.

On consent, the Medical Consent of Minors Act treats minors who have reached 16 as adults (s. 2). For a minor under 16, consent is as effective as an adult’s if an attending medical practitioner, dentist, nurse practitioner, nurse, licensed practical nurse or midwife forms the opinion that the minor understands the treatment and that it is in the minor’s best interests (s. 3(1)). Psychologists, speech-language pathologists, occupational therapists and physiotherapists are not among the named assessors, and the Act defines medical treatment without naming therapy, so a clinic should not assume the Act settles consent for a child under 16 [NB-9]. PHIPAA presumes capacity without tying it to an age (ss. 23-24). When an individual is incapable of consenting, a parent or guardian is among the listed substitute decision-makers, unless a court order or separation agreement bars that person’s access to the individual (s. 25). The psychology Code adopts the Act’s age and asks for the minor’s consent before the file is shared with parents [NB-10].

No statute requiring police checks for staff of a private therapy clinic was found. A vulnerable sector check is requested by the hiring organization and run by local police; the RCMP says no federal law requires an organization to conduct one [NB-11]. The speech-language pathology, physiotherapy and occupational therapy regulators’ own check rules were not found on the official pages we read.

Running the clinic as a business and employer

Service New Brunswick’s Corporate Registry handles incorporation and unincorporated business entities [NB-12]. The Partnerships and Business Names Registration Act asks firms carrying on business “for trading, manufacturing or mining purposes” to register a certificate of partnership, and its wording does not clearly reach a services business, so ask Service New Brunswick whether a particular clinic structure must register [NB-13]. For corporations in the regulated professions, the Occupational Therapists Act, 2025 sets a Corporations Register with conditions in section 26, and the psychology college requires a professional corporation that practises psychology to be on its register. The physiotherapy and speech-language pathology corporate rules were not found on the official pages we read, and a clinic licence for a non-registrant owner was not found either.

WorkSafeNB coverage is mandatory for employers with three or more workers usually employed, and registration is due within 15 days of workers starting. Late registration brings retroactive assessments. Workers can include non-registered contractors and subcontractors, so contractor-heavy clinics should check how WorkSafeNB counts them [NB-14].

The Occupational Health and Safety Act requires a written safety policy and a written health and safety program at twenty or more employees (ss. 8 and 8.1) and a joint committee at the same size (s. 14). General Regulation 91-191 requires every employer to have a written harassment code of practice (s. 374.4) and a violence risk assessment (s. 374.1). It also requires a written violence code for twenty or more employees, and for fewer than twenty when work is carried on by a health professional or a social worker (s. 374.2) [NB-15] [NB-16].

Under the Employment Standards Act, overtime for a regulation-prescribed week is paid at not less than one and one-half times the minimum wage rate (s. 16), and the Minimum Wage Regulation sets 44 hours a week as the maximum at minimum wage (s. 5). The Act excludes independent contractors from the definition of employee and gives no classification test, and the classification of a particular contractor arrangement is unresolved by that Act [NB-17] [NB-18]. The Accessibility Act aims for a more accessible New Brunswick by 2040 and creates standards by regulation; the strategic plan lists eight priority areas and promises support for small businesses, and we found no accessibility standard or private-sector plan requirement in force on the pages we read [NB-19].

Funding programs and insurers

The Preschool Autism Program serves children diagnosed with autism spectrum disorder who are between 0 and 5 when diagnosed and not yet in school. VIVA Therapeutic Services delivers the intervention, based on applied behaviour analysis, under a contract with the Department of Education and Early Childhood Development across all seven school districts [NB-20]. The program’s Guidelines (1 October 2025) define a service provider as a private company that has a contract with the Department; a diagnosing professional sends a Confirmation of Diagnosis form, the Department enrols the family and passes the referral to the provider, and the provider must contact caregivers within 10 business days [NB-21]. The Programs for Children with Autism Spectrum Disorder Regulation makes diagnosed children eligible for evidence-based interventions, including applied behavioural analysis and intensive behavioural intervention, until school age [NB-22]. An application route for additional private clinics, or a family reimbursement program, was not found on the official pages we read. The program lists Autism.Autisme@gnb.ca and 1-844-377-3819 for questions.

WorkSafeNB sets payment terms for providers who treat injured workers. Fee Schedule 29-501, effective 27 September 2023, names physiotherapists among its providers: WorkSafeNB-approved private physiotherapy providers are paid at a negotiated rate, with one visit per claim per day, and other types of medical aid provider not listed are paid fees as billed [NB-23]. A provider-registration or direct-billing route for automobile insurance was not found on the official pages we read.

New Brunswick dates to watch

Check each date against the linked page before relying on it. Two entries record a missing date rather than a date: the in-force date for the Occupational Therapists Act, 2025 was not found, and the PHIPAA page we read is current only to 1 January 2024.

New Brunswick official sources directory

These deep links are easy to miss from the main government pages. Each opens a page or document the sections above rely on or point to.

How TherapyCRM fits

TherapyCRM is practice management software with a clinical record, for English-language clinics in Canada outside Quebec. It stores a date of birth on active client records and keeps an audit log of activity on practice records that staff with the audit-log permission can review. Several New Brunswick records rules run from a child’s age of majority or last service date, and a clinic can use those fields when it works out which period applies. They do not decide which period applies, and nothing in the software replaces the advice of the clinic’s regulators or counsel.

TherapyCRM’s funding tracking is built around the Ontario Autism Program; it does not support the Preschool Autism Program or WorkSafeNB billing named above. If you want to see how a practice workflow looks with fictional data, you can request a demo.

Frequently asked questions