The following is an extract A Guide to Private Legislation for Self-regulated Health Professions:

Private Bills

General
"Bills are divided into two categories: public and private. There are considerable differences in both theoretical and practical aspects. A public bill relates to a matter of public policy; it is introduced by a minister in cabinet (the executive branch of government). A private bill relates to a matter of special benefit to a particular person or group of persons; it is introduced by any Member of the Legislative Assembly (MLA) who is not a cabinet minister."

"A private bill has the objective of establishing a privilege that could come as an exemption from general law or a provision for something that cannot be obtained under the general law. Where one or more individuals, an association, an organization, a company, municipality or another local authority seek any special privilege requiring legislative sanction, the legislation can only be obtained by means of a private bill on application by the interested party."

"Since the 1950s, New Brunswick governments have supported health professions to regulate themselves. New Brunswick is unique in this regard, as other provinces govern health professions through public legislation"

Below are examples of New Brunswick Health Professions who conduct self-regulation based on Private Bill:

• Medical Act
• Nurses Act
• Pharmacy Act
• Licensed Practical Nurses Act
• Physiotherapy Act
• Dental Act
• Dental Hygienists Act
• Denturists Act
• Dental Technicians Act
  

Conflict of Interest
The use of private legislation for self-regulation by its very nature is a conflict of interest.  A conflict of interest is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest. A commonly used idiom to explain conflict of interest is the phrase "Fox Guarding the Hen House".

It is disturbing that the New Brunswick government is proud to allow private legislation for the purpose health profession self-regulation. Successive Ministers of Health obviously think this type of private legislation is in the best interests of Province:

• October 30, 1982 – October 3, 1985 - Charles Gallagher
• October 3, 1985 – October 27, 1987 - Nancy Clark Teed
• October 27, 1987 – October 9, 1991 - Raymond Frenette
• October 9, 1991 – May 14, 1998 - Russell King
• May 14, 1998 – June 21, 1999 - Ann Breault
• June 21, 1999 – October 9, 2001 - Dennis Furlong
• October 9, 2001 – February 14, 2006 - Elvy Robichaud
• February 14, 2006 – October 3, 2006 - Brad Green
• October 3, 2006 – June 22, 2009 - Mike Murphy
• June 22, 2009 – October 12, 2010 - Mary Schryer
• October 12, 2010 – September 5, 2012 - Madeleine Dube
• September 6, 2012 – October 7, 2014 - Hugh Flemming
• October 7, 2014 – September 4, 2017 - Victor Boudreau
• September 4, 2017 – September 24, 2018 - Benoit Bourque
• November 9, 2018 – present - Hugh Flemming

The current Minster of Health, the The Honourable Hugh J. A. Flemming, M.L.A. was informed of the Requirement to Amend the New Brunswick Dental Act of 1985 in a letter dated 27 November 2018; an extract of his response to the letter is below:

"The New Brunswick Dental Act was enacted as and remains a private bill. This means that I, as Minister, have limited authority to interfere into the affairs of the New Brunswick Dental Society. The Minister has no authority to conduct independent reviews of any private piece of legislation, the New Brunswick Dental Act included."

Allowing private legislation for the purpose of health profession self-regulation demonstrates that the New Brunswick Government is lazy, incompetent, and indifferent.  No other province allows private legislation for the purpose of health profession self-regulation.   Both the Liberals and Conservatives have done a disservice to New Brunswickers.