New Brunswick

No legal gestational limit · offered locally to 14 weeks (service policy)

Funding gaps

One-page legal snapshot (print / PDF) →

Insured service
Fully insured
Mifegymiso covered
Yes
Safe-access zones
No
Confidence
High
As of
July 13, 2026

§ 1 Overview

Fully funded but geographically sparse

New Brunswick publicly funds both medication and procedural abortion for all Medicare holders, but procedural services are limited to three hospitals in two cities with no free-standing clinics.

Full analysis

Abortion in New Brunswick is legal and publicly funded — both medication abortion (the abortion pill, Mifegymiso) and procedural abortion are free for anyone with a New Brunswick Medicare card. Medication abortion can be prescribed by any doctor or nurse practitioner and is available up to nine weeks of pregnancy. Procedural abortion is offered at three hospitals — in Moncton and Bathurst — up to about 14 weeks gestation, though Moncton Hospital may accommodate up to 18 weeks depending on physician availability. No free-standing abortion clinic currently operates in the province. The previous restriction that blocked public funding for abortions outside hospitals was repealed in November 2024, and a centralized self-referral phone line launched in March 2026. Residents in the western and southern parts of the province, including Fredericton and Saint John, must travel for procedural abortion. There is no provincial travel-assistance program to offset those costs, and there is no safe-access-zone law to protect facilities from protest.

Legal analysis

New Brunswick's abortion access framework is defined by the Medical Services Payment Act, RSNB 1973, c M-7, and its General Regulation (NB Reg 84-20). For decades, Schedule 2, paragraph (a.1) of Regulation 84-20 deemed abortion not an 'entitled service' unless performed in an approved hospital — a restriction that drew Canada Health Act deductions totalling $444,041 between 2020 and 2024 and a constitutional challenge by the Canadian Civil Liberties Association (CCLA v New Brunswick, filed 2021). On November 7, 2024, the newly elected Holt government approved changes removing abortion from Schedule 2, allowing Medicare to fund surgical abortions outside hospitals. The last free-standing clinic, Clinic 554 in Fredericton, closed on January 31, 2024 — before the regulatory change — and no new community-based procedural abortion services have yet opened. The Canada Health Act deductions continue retrospectively for charges incurred through fiscal 2023-24. Medication abortion (Mifegymiso) is funded through the Medical Abortion Program (Plan J), a universal no-cost program for all NB Medicare holders. Prescribing authority is held by physicians and nurse practitioners; midwives currently cannot prescribe Mifegymiso, though amendments to the Midwifery Act were introduced in March 2026. There is no statutory safe-access-zone law.

Verified at source · high confidence · Medical Services Payment Act, RSNB 1973, c M-7, s 1, Government of New Brunswick (laws.gnb.ca) · General Regulation - Medical Services Payment Act, NB Reg 84-20, Schedule 2, para (a.1) — text as it appeared before November 7, 2024 repeal, Government of New Brunswick (laws.gnb.ca) · Changes announced to fund surgical abortions outside hospitals (GNB News Release, November 7, 2024), Government of New Brunswick

Editor’s note As of July 2025, no community-based procedural abortion services have opened despite the November 2024 regulatory change; the three-hospital arrangement remains the only practical access points for procedural abortion.

§ 2 At a glance

Key machine-readable determinations from the research document. Each value is derived from a sourced finding on this page — where a finding is unsettled, the value says so.

Access classification

Funding gaps

Insured service

Fully insured

Clinic abortions funded

Yes

Reciprocal billing

Yes

Travel assistance program

No

Services locally available

Hospitals only

Latest offered locally

14 weeks (service policy)

Medication abortion

Yes

Mifegymiso universally covered

Yes

Telehealth prescribing

Yes

Safe-access-zone law

No

Effective referral required

Unclear

Institutional objection

No

Minor consent regime

Mature minor common law

Parental involvement required

No

Fetal wrongful-death action

No

§ 3 What this province can and cannot do

Criminal law federal; access provincial

The federal government has exclusive criminal-law jurisdiction and no criminal abortion prohibition exists; provinces control abortion access through health insurance, facility funding, and professional regulation.

Full analysis

In Canada, only the federal government can pass criminal laws. Abortion has not been a crime since the Supreme Court of Canada struck down the old Criminal Code provisions in 1988 (R v Morgentaler), and Parliament repealed the remaining sections in 2019. New Brunswick cannot criminalize abortion — any attempt would be ultra vires (beyond provincial authority), as the Supreme Court confirmed in 1993 when it struck down Nova Scotia's attempt to restrict abortion through provincial regulation. What New Brunswick can and does control is: whether Medicare pays for abortion (through the Medical Services Payment Act and Regulation 84-20), which facilities may provide it, which health professionals may prescribe or perform it, and under what conditions. The province also sets rules for medical consent by minors and for the patient-physician relationship. These are lawful exercises of provincial power over health care delivery, hospitals, and professional regulation under sections 92(7), 92(13), and 92(16) of the Constitution Act, 1867.

“What the province has done, in pith and substance, is to regulate the place and method of the lawful provision of a medical service... The province does not prohibit abortions either directly or indirectly. There is no true penal consequence.” R v Morgentaler, [1993] 3 SCR 463

Legal analysis

The division of powers is governed by ss. 91 and 92 of the Constitution Act, 1867. Criminal law is exclusively federal under s. 91(27). In R v Morgentaler, [1988] 1 SCR 30, the Supreme Court struck down Criminal Code s. 251 as violating s. 7 of the Charter, and Parliament repealed the remaining ss. 287-288 in 2019 (Bill C-75, SC 2019, c 25). Provinces cannot re-criminalize abortion: R v Morgentaler, [1993] 3 SCR 463 held that a Nova Scotia regulation restricting abortion to hospitals was ultra vires as a colourable attempt to regulate criminal law. However, provinces lawfully control health care delivery under s. 92(7) (hospitals), s. 92(13) (property and civil rights, capturing physician regulation), and s. 92(16) (matters of a merely local or private nature). The Canada Health Act, RSC 1985, c C-6, is federal spending-power legislation that conditions the Canada Health Transfer on provinces meeting five criteria (public administration, comprehensiveness, universality, portability, accessibility), and the federal government has enforced it against New Brunswick by deducting $444,041 for patient charges at Clinic 554.

Semi-verified · high confidence · R v Morgentaler, [1993] 3 SCR 463, at 503, Supreme Court of Canada (CanLII) · Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, ss 91-92, ss 91(27), 92(7), 92(13), 92(16), Justice Laws Website · Canada Health Act, RSC 1985, c C-6, s 4, Justice Laws Website

Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

§ 4 Current status

Fully insured, no clinic services operational

All forms of abortion are publicly insured since November 2024, but procedural abortion is only available at three hospitals; medication abortion is widely accessible through physicians and nurse practitioners.

Full analysis

Today, both procedural and medication abortion are publicly funded in New Brunswick for anyone with a valid Medicare card. The November 2024 repeal of the hospital-only funding restriction means Medicare can now also pay for abortions outside hospitals, though no free-standing clinic has opened since the repeal. Three hospitals provide procedural abortion: the Moncton Hospital, the Dr. Georges-L.-Dumont University Hospital Centre in Moncton, and the Chaleur Regional Hospital in Bathurst. Medication abortion (Mifegymiso) is covered at no cost through the Medical Abortion Program for prescriptions up to nine weeks gestation, written by any doctor or nurse practitioner and filled at any community pharmacy. A centralized self-referral phone line (1-844-806-9205) launched in March 2026 to help patients navigate and book services. There is no statutory safe-access-zone law protecting facilities, providers, or patients. The medical regulator (CPSNB) has a conscientious objection standard that requires objecting physicians to facilitate patient access to care, though it does not use the term 'effective referral.'

“Abortion (both medical and procedural) is safe and legal in Canada and is publicly funded for individuals in New Brunswick who hold a valid Medicare card.” Government of New Brunswick, 'Abortion access' (gnb.ca)

Legal analysis

Since November 7, 2024, Regulation 84-20 no longer lists abortion among services excluded from Medicare coverage outside hospitals. Under the Medical Services Payment Act, M-7, s. 1, 'entitled services' means all medically required services rendered by medical practitioners, and abortion is now treated identically to any other insured physician service irrespective of the setting. The Medical Abortion Program (Plan J) provides Mifegymiso at no cost through the NB Drug Plans Formulary, funded by the Department of Health's Pharmaceutical Services division. The CPSNB Conscientious Objection professional standard (version 3, amended March 20, 2026) sets out six obligations for objecting registrants, including providing information about publicly available resources to access the treatment sought and continuing care until another provider assumes responsibility. The federal government has levied cumulative Canada Health Act deductions of $444,041 against New Brunswick for patient charges at Clinic 554 between 2020 and 2024; retrospective deductions for fiscal 2022-23 and 2023-24 are ongoing.

Verified at source · high confidence · Government of New Brunswick, 'Abortion access' (gnb.ca), Government of New Brunswick · Medical Abortion Program Policy, Department of Health, Pharmaceutical Services, Policy Statement, Government of New Brunswick (gnb.ca) · CPSNB, 'Conscientious Objection' Professional Standard (v.3, March 20, 2026), Maintaining Access to Care, College of Physicians and Surgeons of New Brunswick

§ 5 Funding & insurance

The health plan

Fully insured, all settings

Both procedural and medication abortion are insured services under the New Brunswick Medical Services Payment Act for all residents with a valid Medicare card, without restriction to hospital settings as of November 2024.

Full analysis

Abortion is a publicly insured service under New Brunswick's Medical Services Payment Act. Anyone with a valid New Brunswick Medicare card can receive a procedural abortion or a prescription for medication abortion (Mifegymiso) at no cost. The cost of Mifegymiso is covered through the Medical Abortion Program (Plan J), a separate provincial drug plan that charges no fees or co-payments. For decades, provincial regulation blocked Medicare funding for abortions performed outside hospitals. That restriction was repealed on November 7, 2024, so Medicare can now pay for procedural abortions in any setting, not just hospitals.

“'entitled services' means (a) all services rendered by medical practitioners or oral and maxillofacial surgeons that are medically required...” Medical Services Payment Act, RSNB 1973, c M-7, s 1

Legal analysis

Under the Medical Services Payment Act, RSNB 1973, c M-7, s. 1, 'entitled services' includes 'all services rendered by medical practitioners... that are medically required.' The Lieutenant-Governor in Council is empowered by s. 1(a)(vi) to deem certain services 'not to be entitled services.' For decades, Schedule 2, para (a.1) of NB Reg 84-20 deemed abortion not an entitled service unless performed in an approved hospital. This was repealed by order-in-council on November 7, 2024, removing the hospital-only condition. The Medical Abortion Program (Plan J), established by departmental policy under the Pharmaceutical Services division, covers Mifegymiso at no cost to any NB resident with a valid Medicare card. There are no co-payments or fees.

Verified at source · high confidence · Medical Services Payment Act, RSNB 1973, c M-7, s 1, s 1, Government of New Brunswick (laws.gnb.ca) · Changes announced to fund surgical abortions outside hospitals (GNB News Release, November 7, 2024), Government of New Brunswick

Editor’s note The repeal instrument (order-in-council) is not publicly indexed on laws.gnb.ca as of the research date; the GNB news release is the primary official source confirming the amendment.

Clinic vs. hospital funding

Now funded in all settings

The November 2024 repeal of Regulation 84-20, Schedule 2(a.1) ended the decades-old exclusion of clinic-based procedural abortions from Medicare coverage, though no community clinics have yet begun offering the service.

Full analysis

For decades, New Brunswick refused to pay for abortions performed outside hospitals — the only province in Canada with such a restriction. This meant patients at Clinic 554, the free-standing abortion clinic in Fredericton, had to pay $700 to $850 out of pocket. The federal government penalized New Brunswick by deducting a total of $444,041 from Canada Health Transfer payments between 2020 and 2024. In November 2024, the newly elected Liberal government under Premier Susan Holt repealed the restriction. Medicare can now fund procedural abortions in any setting. However, Clinic 554 had already closed in January 2024, and no new community-based procedural abortion service has yet opened. The three-hospital arrangement remains the only source of procedural abortion in the province.

“Since March 2020, deductions totaling $444,041 have been levied against the NB's CHT payments in respect of patient charges for surgical abortion services.” Health Canada, Question Period Note: Abortion Access (2024)

Legal analysis

Former Regulation 84-20, Schedule 2, para (a.1) deemed abortion 'not to be entitled services' unless performed in an approved hospital. This was the subject of a constitutional challenge by the CCLA (CCLA v New Brunswick, filed January 2021) alleging violations of Charter ss. 7 and 15 and inconsistency with the Canada Health Act. Between March 2020 and 2024, Health Canada deducted $444,041 from New Brunswick's Canada Health Transfer under s. 20 of the Canada Health Act for patient charges at Clinic 554. The Holt government repealed the restriction on November 7, 2024, and the CCLA discontinued its litigation. Retrospective CHA deductions for fiscal 2022-23 and 2023-24 remain outstanding. Clinic 554 closed on January 31, 2024, citing financial pressure from the funding exclusion. The repeal does not compel any provider to begin offering clinic-based procedural abortions; it merely removes the funding barrier.

Verified at source · high confidence · Health Canada, Question Period Note: Abortion Access (2024), Background section, Government of Canada (open.canada.ca) · CCLA Announces Victory and Discontinues Abortion Access Challenge in New Brunswick, Canadian Civil Liberties Association (ccla.org)

Editor’s note Retrospective CHA deductions for the 2022-23 and 2023-24 fiscal years continue despite the regulatory repeal, because the Canada Health Act's patient-charge reporting is retrospective.

Reciprocal billing

Abortion covered since June 2015

Abortion was removed from the Interprovincial Reciprocal Billing Agreement's excluded-services list in June 2015, so New Brunswick residents can now receive insured abortion services in other provinces without paying upfront.

Full analysis

Since June 2015, abortion has been covered under the interprovincial reciprocal billing agreement. This means a New Brunswick resident who needs an abortion while in another province — for example, a student living away from home or someone who must travel for a later-gestation procedure — can present their New Brunswick Medicare card and receive the service without paying out of pocket. Before 2015, abortion was explicitly listed as an excluded service, meaning patients had to pay upfront and seek reimbursement.

“In June 2015, the Interprovincial Health Insurance Agreements Coordinating Committee agreed that abortion be removed from the list of services excluded from reciprocal billing.” Abortion Rights Coalition of Canada, Position Paper #4: Abortion and Reciprocal Billing (updated February 2017)

Legal analysis

The Interprovincial Health Insurance Agreements Coordinating Committee administers the reciprocal billing agreement under which provinces and territories (except Quebec for physician services) accept each other's health cards. Until June 2015, 'therapeutic abortion' appeared on the excluded-services list alongside cosmetic surgery and sex-reassignment surgery. In June 2015, the Committee agreed by consensus to remove abortion from the exclusion list. This change was facilitated after New Brunswick dropped its opposition, having repealed the two-doctor requirement for hospital abortions in 2014. The removal means a New Brunswick Medicare card is accepted at point of service for abortion care in all other provinces and territories (subject to Quebec's separate arrangements).

Verify before publication · high confidence · Abortion Rights Coalition of Canada, Position Paper #4: Abortion and Reciprocal Billing (updated February 2017), Editor's Preface, February 2017, Abortion Rights Coalition of Canada (arcc-cdac.ca)

Editor’s note The decision of the Interprovincial Health Insurance Agreements Coordinating Committee is not published in a primary legal source; ARCC's position paper is the most detailed public account. Confirm with the committee's current membership or Health Canada before publication.

Travel assistance

No provincial travel-assistance program

New Brunswick is one of only two provinces with no public medical travel subsidy program; patients who must travel for an abortion bear their own transportation costs, though limited hostel and meal allowances exist for out-of-province care.

Full analysis

New Brunswick has no public program that covers travel costs for patients who must leave their community to get an abortion. This is particularly important because procedural abortion is only available in Moncton and Bathurst — residents of Fredericton, Saint John, Edmundston, and rural and northern communities face significant travel burdens. New Brunswick Medicare does offer a hostel and meal allowance of up to $150 per day for patients who must stay outside the province for medical care for at least three consecutive nights, but it explicitly does not cover travel expenses. The national charity Hope Air provides some free flights and accommodations for patients in financial need, but this is not a provincial government program and is subject to charitable funding constraints.

“Travel expenses are not covered by New Brunswick Medicare.” New Brunswick Medicare, 'Out of Province Hostel Facilities & Meal Allowance'

Legal analysis

New Brunswick Medicare's Out of Province Hostel Facilities & Meal Allowance policy provides up to $150/day for accommodation and meals when a patient is required by a physician to travel out of province and stay at least three consecutive nights. The policy states: 'Travel expenses are not covered by New Brunswick Medicare.' New Brunswick is identified in academic literature as one of only two provinces (alongside Alberta) without a general medical travel subsidy program. No statutory provision creates a travel grant specific to abortion. The Medical Services Payment Act, s. 2(1)(a)(iv) provides for 'payment of amounts in respect of the cost of entitled services furnished to a beneficiary outside the Province,' but this covers the medical service itself, not travel to reach it.

Verified at source · high confidence · New Brunswick Medicare, 'Out of Province Hostel Facilities & Meal Allowance', Government of New Brunswick (gnb.ca) · Publicly Funded Medical Travel Subsidy Programs in Canada (Mathews et al., various), Academia.edu / academic research

Editor’s note The hostel/meal allowance is limited to out-of-province travel and requires a three-night minimum and prior approval — it is not designed for or easily accessible to most abortion patients travelling within the province.

§ 6 Where services actually are

Where abortion is provided

Three hospitals, two cities

Procedural abortion is available at three hospitals — the Moncton Hospital, Dr. Georges-L.-Dumont University Hospital Centre (Moncton), and Chaleur Regional Hospital (Bathurst) — while medication abortion can be prescribed by any physician or nurse practitioner province-wide.

Full analysis

Procedural (surgical) abortion is only available at three hospitals in New Brunswick: the Moncton Hospital and the Dr. Georges-L.-Dumont University Hospital Centre, both in Moncton, and the Chaleur Regional Hospital in Bathurst. There are no free-standing abortion clinics operating anywhere in the province. Fredericton (the capital), Saint John (the largest city), and all northern and rural communities have no local procedural abortion access. Medication abortion (Mifegymiso) is far more accessible: any doctor or nurse practitioner anywhere in the province can prescribe it, and it can be dispensed at any community pharmacy. A centralized self-referral phone line (1-844-806-9205) helps patients navigate both medication and procedural options. Telehealth prescribing for medication abortion is also available.

“In New Brunswick, three hospitals perform surgical abortions up to 13 weeks and six days of pregnancy. Call any of these abortion clinics directly for an appointment.” Vitalité Health Network, 'Abortion' service page

Legal analysis

The three hospitals providing procedural abortion are operated by the two regional health authorities: Horizon Health Network (Moncton Hospital) and Vitalité Health Network (Dr. Georges-L.-Dumont and Chaleur Regional). Service delivery is a matter of health-authority policy and physician availability, not statutory mandate. The November 2024 regulatory repeal permits but does not compel community-based procedural services. Horizon Health Network's Family Planning Clinic page notes that procedural abortion is available at under 14 weeks (up to 18 weeks depending on physician availability). Vitalité's abortion page states surgical abortion up to 13 weeks and 6 days. Neither Fredericton nor Saint John hospitals provide procedural abortion despite being major urban centres. The Centralized Intake Line, launched March 11, 2026, is operated by Horizon Health Network at the Moncton Hospital with $188,187 in provincial funding.

Verified at source · high confidence · Vitalité Health Network, 'Abortion' service page, Vitalité Health Network (vitalitenb.ca) · Horizon Health Network, 'Family Planning Clinic – Abortion Clinic', FAQ table, 'When can it be done?' row, Horizon Health Network (horizonnb.ca) · GNB News Release, 'New central phone service to support self-referral for abortion services' (March 11, 2026), Government of New Brunswick

Editor’s note Horizon and Vitalité give slightly different gestational ceilings (13w6d vs 'up to 14 weeks, up to 18 weeks depending on physician availability'); the difference reflects that the Moncton Hospital (Horizon) may offer a longer window than the Vitalité hospitals.

Gestational service limits

Up to 14 weeks; 18 weeks in limited cases

Procedural abortion is routinely available up to 14 weeks in Moncton and 13 weeks 6 days in Bathurst, with Moncton Hospital occasionally able to accommodate patients up to 18 weeks depending on physician availability — these are service-policy limits, not legal ones.

Full analysis

There is no legal gestational limit on abortion in New Brunswick. But in practice, the hospitals set their own cutoffs based on physician availability and facility policy. Vitalité hospitals (Bathurst and Dr. Georges-L.-Dumont) serve patients up to 13 weeks and 6 days. Moncton Hospital (Horizon Health) serves patients up to 14 weeks routinely and, depending on which physicians are available, may accommodate patients up to 18 weeks. Patients past these limits must travel out of province — most commonly to Nova Scotia, Quebec, or the United States — to access later-gestation abortion care. The provincial government's own website advises patients who are past 16 weeks to look for clinics elsewhere in Canada.

“After 16 weeks of pregnancy, some clinics elsewhere in Canada offer surgical abortions.” Vitalité Health Network, 'Abortion' service page

Legal analysis

No provincial or federal statute imposes a gestational limit on abortion. The Criminal Code is silent on the point following the 1988 Morgentaler decision and the 2019 repeal of ss. 287-288. Gestational cutoffs are service-delivery policies set by individual hospitals based on physician training, comfort, and scheduling capacity — not by law. The Vitalité website states surgical abortion 'up to 13 weeks and six days.' The Horizon website states surgical abortion 'less than 14 weeks (and up to 18 weeks depending on physician availability).' The GNB abortion-access page advises: 'After 16 weeks of pregnancy, some clinics elsewhere in Canada offer surgical abortions.' This effectively outsources second-trimester and later abortion care to other provinces or the United States.

Verified at source · high confidence · Vitalité Health Network, 'Abortion' service page, Vitalité Health Network · Horizon Health Network, 'Family Planning Clinic – Abortion Clinic' FAQ: 'When can it be done?', FAQ row for Uterine Aspiration (Surgical Abortion), Horizon Health Network

Editor’s note The discrepancy between Vitalité's 13w6d and Horizon's 14w (up to 18w) is a real service difference between the health authorities. The 18-week ceiling at Moncton Hospital is 'depending on physician availability,' not a guaranteed service.

§ 7 Methods

Procedural / surgical

Hospital-based, 14-18 week practical limit

Procedural abortion is performed by physicians in three hospital-based family planning clinics; no free-standing clinic currently offers the service, and no regulatory permission beyond ordinary medical licensure is required.

Full analysis

Procedural (surgical) abortion — also called uterine aspiration — is provided at the three hospital-based family planning clinics in Moncton and Bathurst. It is performed by physicians, with support from nurses and counsellors. The procedure is free for anyone with a Canadian provincial or territorial health card. No free-standing clinic currently offers procedural abortion, despite the 2024 regulatory change that now permits Medicare funding outside hospitals. The procedure is subject to the usual professional standards of the College of Physicians and Surgeons of New Brunswick, with no additional abortion-specific regulatory requirements.

“Performed by a physician with support of nurses and counsellor. A very simple and safe procedure that involves uterine aspiration. Procedure is completed in less than 15 minutes.” Horizon Health Network, 'Family Planning Clinic – Abortion Clinic' FAQ

Legal analysis

Procedural abortion is an insured 'entitled service' under the Medical Services Payment Act, M-7, s. 1(a) (all medically required services rendered by medical practitioners). No additional statutory or regulatory authorization is required beyond ordinary medical licensure. No New Brunswick law imposes facility-type restrictions — since November 2024, Medicare may pay wherever the service is provided. The Health Facilities Act, SNB 2023, c 13 (not yet fully in force) creates a framework for surgical facilities outside hospitals, but this framework was established for procedures like cataract surgery and does not explicitly govern abortion. CPSNB professional standards govern physician conduct, including informed consent and continuity of care, but contain no abortion-specific performance rules.

Verified at source · high confidence · Horizon Health Network, 'Family Planning Clinic – Abortion Clinic' FAQ, FAQ, Uterine Aspiration (Surgical Abortion) row, Horizon Health Network

Medication abortion (Mifegymiso)

Mifegymiso: free, widely accessible

Mifegymiso is universally covered at no cost through the Medical Abortion Program for all New Brunswick Medicare holders, prescribed by any physician or nurse practitioner up to 9 weeks gestation, and dispensed at any community pharmacy.

Full analysis

The abortion pill (Mifegymiso — a combination of mifepristone and misoprostol) is free for anyone who holds a valid New Brunswick Medicare card. There are no co-payments, no deductible, and no requirement to enrol in a drug plan. Any doctor or nurse practitioner in the province can prescribe it, and the prescription can be filled at any community pharmacy. The medication is approved for use up to nine weeks (63 days) of pregnancy. Prescriptions can also be issued through telehealth (virtual appointments). New Brunswick was the first province in Canada to announce universal no-cost Mifegymiso coverage, doing so in April 2017.

“The Medical Abortion Program is available to all New Brunswick residents with a valid Medicare card and who have been prescribed an eligible drug under the Medical Abortion Program. There are no fees or co-payments.” Medical Abortion Program Policy, NB Department of Health, Pharmaceutical Services

Legal analysis

The Medical Abortion Program (Plan J) is a provincial drug plan established by the Department of Health's Pharmaceutical Services division. It covers 'certain drugs used for medical abortions' listed on the NB Drug Plans Formulary. Eligibility requires only a valid NB Medicare card and a prescription from an authorized prescriber. The policy explicitly states: 'There are no fees or co-payments.' Prescriptions must be dispensed by a community pharmacy in Canada; private-clinic dispensing is not eligible. Health Canada approved Mifegymiso in July 2015 and has progressively relaxed the prescribing and dispensing requirements — since November 2017, it can be dispensed directly to patients by pharmacists and prescribed by any physician or nurse practitioner without mandatory ultrasound or specialist involvement. The product monograph authorizes use up to 63 days gestation, though SOGC clinical guidelines support use to 70 days.

Verified at source · high confidence · Medical Abortion Program Policy, NB Department of Health, Pharmaceutical Services, Policy Statement; 'Fees and co-payments' section, Government of New Brunswick (gnb.ca) · CBC News, 'N.B. becomes 2nd province to launch self-referral abortion phone line' (April 8, 2026), CBC News

Editor’s note Midwives cannot currently prescribe Mifegymiso in NB. The Midwifery Act amendments introduced March 2026 would expand midwifery scope but do not explicitly add Mifegymiso prescribing authority.

Self-managed abortion

No criminal exposure; regulatory gaps

Self-managed abortion is not a criminal offence in Canada; the Criminal Code abortion provisions were repealed in 2019, and a pregnant person who ends their own pregnancy faces no criminal liability under any New Brunswick or federal law.

Full analysis

A person in New Brunswick who ends their own pregnancy outside the medical system — for example, by obtaining abortion pills online from an international source — is not committing a crime. The Criminal Code sections that once criminalized abortion were struck down in 1988 and formally repealed in 2019. No provincial law criminalizes self-managed abortion. However, there are regulatory edge cases: importing prescription drugs without authorization may violate Health Canada's Food and Drugs Act, and a non-physician who provides pills to another person could theoretically face unauthorized-practice or drug-trafficking scrutiny, though such prosecutions are virtually unknown in the Canadian abortion context.

“A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother...” Criminal Code, RSC 1985, c C-46, s 223(1)

Legal analysis

Criminal Code ss. 287-288, which criminalized procuring one's own miscarriage and supplying abortifacients, were ruled unconstitutional in R v Morgentaler, [1988] 1 SCR 30, and formally repealed by Bill C-75, SC 2019, c 25, s 293. The born-alive rule at Criminal Code s. 223(1) defines when a child becomes a human being (complete birth) and does not criminalize conduct toward a fetus. No provincial statute creates an abortion-specific offence. Health Canada's Food and Drugs Act prohibits the importation of prescription drugs except through licensed establishments, but enforcement against individuals importing small quantities of Mifegymiso for personal use is not a documented practice. Any potential prosecution of a third party assisting with a self-managed abortion would proceed under general criminal law (e.g., Criminal Code s. 215, duty to provide necessaries) or provincial health-profession statutes (unauthorized practice), neither of which has been applied in this context in New Brunswick.

Semi-verified · high confidence · Criminal Code, RSC 1985, c C-46, s 223(1), s 223(1), Justice Laws Website · Bill C-75, SC 2019, c 25, s 293 (repealing Criminal Code ss 287-288), s 293, Parliament of Canada

Editor’s note No New Brunswick case law addresses criminal or civil liability for self-managed abortion. The analysis reflects settled Supreme Court of Canada doctrine on fetal legal status and the repeal of the Criminal Code abortion provisions. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

§ 8 Providers & regulation

Who may provide

Physicians and nurse practitioners

Physicians perform procedural abortions; physicians and nurse practitioners may prescribe Mifegymiso; pharmacists dispense it; midwives currently cannot prescribe Mifegymiso in New Brunswick.

Full analysis

In New Brunswick, procedural abortions are performed by physicians in hospital-based family planning clinics. Any licensed physician or nurse practitioner in New Brunswick can prescribe Mifegymiso. Pharmacists dispense the medication at community pharmacies. Midwives are not currently authorized to prescribe Mifegymiso in New Brunswick, though the provincial government introduced amendments to the Midwifery Act in March 2026 to expand midwifery scope of practice — these amendments do not explicitly add Mifegymiso prescribing but could enable it through regulation.

“Some doctors and nurse practitioners can also prescribe this medication.” Vitalité Health Network, 'Abortion' service page (Mifegymiso section)

Legal analysis

The Medical Act, SNB 1981, c 87, and regulations administered by the College of Physicians and Surgeons of New Brunswick (CPSNB) govern physician scope of practice. Nurse practitioners are regulated under the Nurses Act, SNB 1984, c 71, with prescribing authority including Mifegymiso confirmed by the Nurses Association of New Brunswick (NANB). The Midwifery Act, SNB 2010, c M-11.5, and NB Reg 2010-113 define midwifery scope. The proposed amendments (Bill introduced March 18, 2026) would expand scope to include care throughout child-bearing years but do not explicitly mention Mifegymiso prescribing; authorization would require regulatory schedules to add the drug. Pharmacists are regulated by the New Brunswick College of Pharmacists under the Pharmacy Act, SNB 2014, c 35.

Verified at source · high confidence · Vitalité Health Network, 'Abortion' service page (Mifegymiso section), Non-surgical abortions section, Vitalité Health Network · Amendments aim to expand midwives' roles and support training (GNB News Release, March 18, 2026), Government of New Brunswick

Editor’s note The midwifery amendment bill does not list specific drugs; check the final enacted regulations for any Mifegymiso scheduling once the bill passes.

Conscience & referral

Conscientious objection: facilitate access, no 'effective referral' term

The CPSNB's Conscientious Objection standard (amended March 2026) requires objecting physicians to provide patients with information on how to access the service and to not obstruct care, but does not use the term 'effective referral.'

Full analysis

A New Brunswick physician who objects to providing abortion on moral or religious grounds must follow the College of Physicians and Surgeons of New Brunswick's Conscientious Objection standard. The physician must tell the patient promptly, provide 'clear, unbiased and comprehensive information regarding the publicly available resources to support their understanding of how to access the treatments or procedures they are seeking,' continue providing unrelated care until another provider takes over, and provide care in an emergency even if it conflicts with their conscience. However, the standard does not use the phrase 'effective referral' — the language is less prescriptive than the Ontario policy upheld in Christian Medical and Dental Society v College of Physicians and Surgeons of Ontario (2019 ONCA 393). The CPSNB Code of Ethics additionally requires physicians to 'expedite access to another physician' if denial or delay of treatment could cause harm.

“Provide the patient with clear, unbiased and comprehensive information regarding the publicly available resources to support their understanding of how to access the treatments or procedures they are seeking.” CPSNB Professional Standard: Conscientious Objection (v. 3, March 20, 2026)

Legal analysis

The CPSNB Conscientious Objection standard (version 3, approved by Council March 20, 2026) sets out six obligations. Obligation 3 requires the physician to 'provide the patient with clear, unbiased and comprehensive information regarding the publicly available resources to support their understanding of how to access the treatments or procedures they are seeking' in a 'timely and effective manner.' The preamble states: 'A registrant's exercise of freedom of conscience... must not obstruct, either directly or indirectly, access to legally authorized and publicly funded medical care.' Unlike Ontario's policy (upheld in Christian Medical and Dental Society, 2019 ONCA 393), the CPSNB standard does not use the term 'effective referral' and frames the obligation as providing information about 'publicly available resources' rather than a direct transfer to a specific willing provider. The Code of Ethics Commentary 12 requires physicians to 'inform your patient when your personal values would influence the recommendation or practice of any medical procedure that the patient needs or wants' and to 'expedite access to another physician' where denial or delay could cause harm. New Brunswick has no statutory conscience-protection provision specific to reproductive health care.

Verified at source · medium confidence · CPSNB Professional Standard: Conscientious Objection (v. 3, March 20, 2026), OBLIGATIONS, para 3, College of Physicians and Surgeons of New Brunswick (cpsnb.org) · CPSNB Code of Ethics, Commentary 12, College of Physicians and Surgeons of New Brunswick (cpsnb.org) · Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario, 2019 ONCA 393, Court of Appeal for Ontario (CanLII)

Editor’s note The CPSNB standard provides functionally similar access-to-care obligations as effective-referral policies but uses softer language ('publicly available resources' rather than 'direct referral to a specific willing provider'). Whether a court would treat this as substantively equivalent to an effective-referral requirement is untested.

Institutional refusal

No institutional refusal documented

New Brunswick's three abortion-providing hospitals are secular public facilities; there is no documented institutional refusal by a publicly funded faith-based hospital or health authority, though some Catholic-affiliated facilities exist within the health networks.

Full analysis

There is no evidence that any publicly funded hospital or health authority in New Brunswick refuses to provide abortion on institutional religious grounds. The three hospitals that provide procedural abortion are secular public institutions. New Brunswick's health system does include some facilities with Catholic heritage (such as St. Joseph's Hospital in Saint John, operated by Horizon Health Network under a Catholic Health International sponsorship), but these facilities are not the designated providers of abortion services, and Horizon Health Network as a whole provides abortion at the Moncton Hospital. The two health authorities (Horizon and Vitalité) do not have institutional policies declining to offer abortion.

Legal analysis

Horizon Health Network operates several facilities with Catholic affiliations: St. Joseph's Hospital (Saint John) and St. Joseph's Community Health Centre are listed as 'Catholic Health International Facility.' However, these facilities do not appear to be the designated providers of abortion services within Horizon. Horizon lists abortion services exclusively at the Moncton Hospital, a secular facility. No publicly available policy from either Horizon or Vitalité indicates institutional refusal to provide abortion based on religious grounds. Regional health authorities are creatures of the Regional Health Authorities Act, SNB 2011, c 217, and are required to provide the services assigned to them by the Minister of Health; they do not have statutory authority to refuse to provide a lawful insured service on institutional religious grounds.

Semi-verified · medium confidence · Regional Health Authorities Act, SNB 2011, c 217, s 3(a), Government of New Brunswick (laws.gnb.ca) · St. Joseph's Community Health Centre (Horizon Health Network), Horizon Health Network (horizonnb.ca)

Editor’s note While Catholic-affiliated facilities exist in the NB health system, no source identifies an institutional refusal to provide abortion at any NB hospital. A content analysis of Horizon policies on religious objections to specific services would improve confidence. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

§ 9 Safe-access zones

No safe-access-zone law

New Brunswick has no statutory safe-access-zone or buffer-zone law protecting abortion facilities, providers, or patients from protest, harassment, or obstruction.

Full analysis

New Brunswick has not enacted a safe-access-zone law — sometimes called a 'bubble zone' law — to create a protective perimeter around abortion clinics and hospitals where protesting, harassment, or obstruction is prohibited. Several other Canadian provinces (British Columbia, Ontario, Quebec, Newfoundland and Labrador, Nova Scotia, and others) have such laws. In New Brunswick, patients and providers rely on general criminal law (such as Criminal Code provisions against harassment, mischief, and intimidation) and any injunctions a court might issue. As of July 2025, no safe-access-zone bill has been introduced in the New Brunswick legislature.

Legal analysis

No New Brunswick statute creates a safe-access-zone or buffer-zone regime specific to abortion facilities. Compare: Safe Access to Abortion Services Act, 2017, SO 2017, c 19, Sch 1 (Ontario); Access to Abortion Services Act, RSBC 1996, c 1 (British Columbia); and similar statutes in other provinces. In the absence of such legislation, abortion facilities and patients are protected by general Criminal Code provisions (ss. 264, criminal harassment; s. 430, mischief; s. 423, intimidation) and the possibility of civil injunctions. There is no reported New Brunswick case granting an injunction to protect abortion clinic access. The constitutional validity of safe-access-zone laws has been upheld in R v Spratt, 2008 BCCA 340 (BC's law) and similar challenges in other provinces.

Verify before publication · high confidence · Abortion Rights Coalition of Canada, 'Safe Access Zone Laws in Atlantic Canada' (June 2022), Abortion Rights Coalition of Canada (arcc-cdac.ca)

Editor’s note Absence of legislation confirmed by searching NB's laws database and legislative records. Re-confirm immediately before publication by checking the NB Legislative Assembly bill tracker for the current session.

§ 10 Minors

Consent & capacity

Age 16 statutory; mature minor below 16

Under the Medical Consent of Minors Act, a minor aged 16 or older consents as an adult; a minor under 16 may consent if a health professional determines they understand the nature and consequences and the treatment is in their best interests.

Full analysis

In New Brunswick, a young person aged 16 or older can consent to an abortion on their own, exactly as if they were an adult. No parental consent or notification is required. A person under age 16 can also consent on their own if the attending physician, nurse practitioner, nurse, or midwife is satisfied that the minor is capable of understanding the nature and consequences of the procedure and that the abortion is in their best interests and continuing health and well-being. This is effectively a codified 'mature minor' rule. Parents do not need to be informed and have no statutory right to be told or to override the minor's decision.

“The consent to medical treatment of a minor who has not attained 16 years of age is as effective as it would be if the minor had attained the age of majority if, in the opinion of a legally qualified medical practitioner... the minor is capable of understanding the nature and consequences of the medical treatment, and the medical treatment and the procedure to be used is in the best interests of the minor and the minor's continuing health and well-being.” Medical Consent of Minors Act, RSNB 1976, c M-6.1, ss 2, 3(1)

Legal analysis

The Medical Consent of Minors Act, RSNB 1976, c M-6.1, s. 2 provides that 'the law respecting consent to medical treatment of persons who have attained the age of majority applies, in all respects, to minors who have attained the age of sixteen years in the same manner as if they had attained the age of majority.' Section 3(1) provides that a minor under 16 may consent if 'in the opinion of a legally qualified medical practitioner, dentist, nurse practitioner, nurse, licensed practical nurse or midwife attending the minor, (a) the minor is capable of understanding the nature and consequences of the medical treatment, and (b) the medical treatment and the procedure to be used is in the best interests of the minor and the minor's continuing health and well-being.' There is no requirement of parental consent or notification anywhere in the Act. Section 5 bars any action for trespass based on lack of parental consent where consent is valid under the Act. This is a codified mature-minor rule combined with a statutory age of 16 for presumptive capacity — a hybrid regime.

Verified at source · high confidence · Medical Consent of Minors Act, RSNB 1976, c M-6.1, ss 2, 3(1), ss 2, 3(1), Government of New Brunswick (laws.gnb.ca)

Confidentiality

No parental access to minor's records

Under the Personal Health Information Privacy and Access Act, a minor who consents to their own medical treatment controls access to their health records; parents have no statutory right to access those records without the minor's consent.

Full analysis

If a minor is legally entitled to consent to an abortion on their own — either because they are 16 or older, or because a health professional has determined they are a mature minor under 16 — then the minor controls who can access their health records. Under New Brunswick's Personal Health Information Privacy and Access Act (PHIPAA), the minor's parents do not have an automatic right to see those records or to be told about the procedure. The health provider must maintain the minor's confidentiality just as they would for an adult patient.

“The Medical Consent of Minors Act applies for the purpose of providing the consent of the person to the collection, use or disclosure of personal health information.” Personal Health Information Privacy and Access Act, SNB 2009, c P-7.05, s 5

Legal analysis

The Personal Health Information Privacy and Access Act, SNB 2009, c P-7.05 (PHIPAA), governs health-information privacy in New Brunswick. Section 5 incorporates the Medical Consent of Minors Act for determining who may consent to the collection, use, or disclosure of a minor's personal health information: where a minor is authorized to consent to treatment under the MCMA, they likewise control consent regarding their health information. Under PHIPAA, custodians may disclose personal health information to a parent or guardian only with the individual's consent, unless another exception applies. There is no exception for parents of a minor who has independently consented to treatment. A parent could theoretically apply under PHIPAA's access provisions, but only if acting as the minor's authorized representative — which is inapplicable where the minor has been assessed as capable of consenting independently.

Semi-verified · high confidence · Personal Health Information Privacy and Access Act, SNB 2009, c P-7.05, s 5, s 5, Government of New Brunswick / CanLII

Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

§ 11 Fetal status & paternal rights

The fetus in civil law

No fetal personhood; born-alive rule governs

A fetus has no independent legal personality in New Brunswick civil law: the Fatal Accidents Act applies only to a 'person' whose death is caused by a wrongful act, and the born-alive rule — affirmed by the Supreme Court of Canada — means legal personhood begins at live birth.

Full analysis

Under New Brunswick law, a fetus is not a legal person. If a pregnant person is injured and the pregnancy ends, there is no separate wrongful-death claim for the fetus. The Fatal Accidents Act allows dependants to sue for the death of a 'person,' and Canadian courts — including the Supreme Court in Tremblay v Daigle (1989) — have consistently held that a fetus does not have legal personality before birth. If a child is born alive and then dies from prenatal injuries, the estate may bring a claim. A child born alive may also sue for injuries sustained before birth, as the New Brunswick case Dobson v Dobson (1999) confirmed, though the Supreme Court held a mother cannot be liable in tort for prenatal negligence toward the fetus.

“The Court held that a fetus is not a 'human being' under the Quebec Charter, and that the rights of the fetus could not be separated from those of the mother.” Tremblay v Daigle, [1989] 2 SCR 530

Legal analysis

The Fatal Accidents Act, RSNB 2012, c 104, s 1 defines 'deceased' as 'a person whose death has been caused as mentioned in section 3.' Canadian jurisprudence, led by Tremblay v Daigle, [1989] 2 SCR 530, establishes that a fetus is not a 'person' in law and has no juridical personality. In Dobson (Litigation Guardian of) v Dobson, [1999] 2 SCR 753 — a case originating in New Brunswick — the Supreme Court held that a child born alive may sue for prenatal injuries caused by a third party, but a mother cannot be held liable in tort for negligence during pregnancy. The majority reasoned that imposing a duty of care on pregnant women toward their fetuses would violate their autonomy and privacy. No New Brunswick court has recognized a wrongful-death claim for a fetus.

Semi-verified · high confidence · Tremblay v Daigle, [1989] 2 SCR 530, headnote, Supreme Court of Canada (CanLII) · Dobson (Litigation Guardian of) v Dobson, [1999] 2 SCR 753, Supreme Court of Canada (CanLII) · Fatal Accidents Act, RSNB 2012, c 104, s 1, s 1, Government of New Brunswick (laws.gnb.ca / CanLII)

Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

Paternal rights

No paternal veto; Tremblay v Daigle controls

The father of a fetus has no legal standing to prevent or block an abortion; Tremblay v Daigle forecloses injunctions sought by a father, and no New Brunswick legislation or court has attempted to revive any such right.

Full analysis

In New Brunswick — as everywhere in Canada — the person who is pregnant has the sole legal authority to decide whether to continue or terminate the pregnancy. The father, regardless of marital status, cannot obtain a court order to prevent an abortion. The Supreme Court of Canada made this clear in Tremblay v Daigle (1989): a fetus has no independent rights and the father has no legal interest that can override the pregnant person's decision. No New Brunswick legislature or court has ever enacted or recognized a paternal right to block an abortion, and any attempt to do so would conflict with the binding Supreme Court precedent.

“The Court also ruled that the father had no legal interest entitling him to an injunction to prevent the abortion.” Tremblay v Daigle, [1989] 2 SCR 530

Legal analysis

In Tremblay v Daigle, [1989] 2 SCR 530, the Supreme Court quashed an injunction obtained by the father to prevent his former partner from having an abortion. The Court held that a fetus has no legal personality under the Quebec Charter of Human Rights and Freedoms or the common law, and that the father has no legal interest capable of supporting an injunction. The Court stated: 'The rights of the father... do not include the right to veto the decisions of the mother with respect to the foetus she is carrying.' This decision is binding throughout Canada. No New Brunswick statute or case law has departed from or attempted to restrict this principle.

Semi-verified · high confidence · Tremblay v Daigle, [1989] 2 SCR 530, Supreme Court of Canada (CanLII)

Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

Pregnancy & state intervention

No state power to detain for fetal protection

Under Winnipeg Child and Family Services v G (DF), the state cannot detain a pregnant person to protect a fetus; New Brunswick's child-protection law defines 'child' as a person under 16 who has been born, providing no basis for prenatal intervention.

Full analysis

New Brunswick cannot detain or force medical treatment on a pregnant person to protect a fetus. The Supreme Court of Canada ruled in Winnipeg Child and Family Services v G (DF) (1997) that child-protection statutes do not apply to fetuses and that the court cannot order the detention of a pregnant person for fetal protection. New Brunswick's Child and Youth Well-Being Act (2022) defines a 'child' as a person under 16 years of age — a born person. The Act contains no mechanism for intervening before birth. A pregnant person retains full control over their body and medical decisions, including the decision to continue or end a pregnancy, free from state coercion.

“The Court concluded that the child protection statutes do not apply to unborn children... The Court dismissed the parens patriae argument, concluding that the law in Canada does not recognize a fetus as a legal person.” Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925

Legal analysis

In Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925, the Supreme Court held that (1) a fetus is not a 'child' within the meaning of child-protection legislation, so child-welfare authorities have no jurisdiction to intervene prenatally; and (2) the common law does not support a parens patriae order to detain a pregnant person for the purpose of protecting a fetus. The New Brunswick Child and Youth Well-Being Act, SNB 2022, c 35, defines 'child' as 'a person who is under 16 years of age' — a definition that imports the common-law born-alive rule. No provision of the Act authorizes intervention during pregnancy. The Medical Consent of Minors Act and general health-law principles affirm that a competent pregnant person is the sole decision-maker regarding their own medical care.

Semi-verified · high confidence · Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925, headnote, Supreme Court of Canada (CanLII) · Child and Youth Well-Being Act, SNB 2022, c 35, s 1 ('child'), s 1, Government of New Brunswick / CanLII

Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

§ 12 Telehealth & cross-border

Telehealth

Telehealth available for medication abortion

New Brunswick physicians and nurse practitioners may prescribe Mifegymiso via telehealth (virtual appointments); the medication is dispensed at community pharmacies, and providers bill the Medical Abortion Program or Medicare as usual.

Full analysis

Patients in New Brunswick can obtain a prescription for Mifegymiso through a telehealth (virtual) appointment with a doctor or nurse practitioner licensed in New Brunswick. The prescription is then filled at any community pharmacy in Canada, which submits the claim directly to the New Brunswick Drug Plans under the Medical Abortion Program. There is no requirement for an in-person visit, ultrasound, or specialist consultation. Telehealth prescribing has significantly improved access, especially for patients in rural and northern communities who would otherwise face long travel distances to reach a provider.

“The prescription must be dispensed by a community pharmacy in a Canadian province or territory.” Medical Abortion Program Policy, NB Department of Health

Legal analysis

Health Canada's November 2017 revisions to the Mifegymiso product monograph removed the requirement that the drug be dispensed by a physician and allowed pharmacist dispensing directly to patients. The SOGC's 2022 clinical-practice guidelines for telemedicine medication abortion endorse virtual prescribing without mandatory ultrasound. In New Brunswick, the Medical Abortion Program policy states that 'the prescription must be dispensed by a community pharmacy in a Canadian province or territory' and that claims must be submitted online directly to NB Drug Plans. Neither the Medical Abortion Program policy nor any provincial regulation requires an in-person encounter for prescribing. Virtual-care billing is permitted under the NB Medicare physician fee schedule for eligible telehealth codes. The CPSNB has not issued abortion-specific telehealth practice standards, so general CPSNB standards for telehealth medicine and the Code of Ethics apply.

Verified at source · high confidence · Medical Abortion Program Policy, NB Department of Health, Eligible benefits and claim payment, Government of New Brunswick (gnb.ca) · Renner RM et al., 'Telemedicine for First-Trimester Medical Abortion in Canada' (2023), PMC / NIH National Library of Medicine

Editor’s note The Medicare Telehealth Billing codes are established by the agreement between the NB Medical Society and the Department of Health under the Medical Services Payment Act; specific virtual-care fee codes should be confirmed in the current Schedule of Fees.

Cross-border patients

Out-of-province care insured; non-resident access limited

New Brunswick residents who travel out of province for abortion are covered by reciprocal billing since 2015; out-of-province residents may access NB abortion services with their home-province health card under the same reciprocal agreement.

Full analysis

New Brunswick residents who need to travel to another province for an abortion — particularly those past 14-18 weeks who need later-gestation care — can use their New Brunswick Medicare card at the point of service in any other Canadian province, thanks to the 2015 removal of abortion from the reciprocal billing exclusion list. The hospital-based clinics in Moncton and Bathurst also accept out-of-province health cards, as noted on Horizon's website: 'Free for health care card holders from across Canada.' For travel to the United States, New Brunswick Medicare may cover the medical service cost (at NB rates only) if the service is not available in Canada and prior approval is obtained, but the patient would typically need to pay the US provider upfront and seek partial reimbursement, with no coverage for travel.

“Free for health care card holders from across Canada” Horizon Health Network, 'Family Planning Clinic – Abortion Clinic' FAQ, 'How much does it cost?'

Legal analysis

Under the Interprovincial Reciprocal Payment Agreement for Physician Services, a New Brunswick resident presenting a valid NB Medicare card at an abortion provider in another province (except Quebec for physician services) will receive service without upfront payment; the providing province bills New Brunswick directly. The Medical Services Payment Act, s. 2(2) provides that payments for services outside Canada are limited to emergencies or services not available in Canada with prior authorization. For New Brunswick residents seeking abortion care in the United States — typically for procedures after 18-20 weeks — the NB Medicare out-of-country coverage rules apply: the patient pays upfront and may seek reimbursement at NB rates, which are typically far below US charges. No travel or accommodation costs are reimbursed for US care (except the hostel/meal allowance for out-of-province Canadian travel of 3+ nights, which requires prior approval). Non-residents receiving abortion in New Brunswick are served under reciprocal billing: Horizon NB's website states services are 'Free for health care card holders from across Canada.'

Verified at source · high confidence · Horizon Health Network, 'Family Planning Clinic – Abortion Clinic' FAQ, 'How much does it cost?', FAQ, 'How much does it cost?' rows, Horizon Health Network (horizonnb.ca) · Medical Services Payment Act, RSNB 1973, c M-7, s 2(2), s 2(2), Government of New Brunswick (laws.gnb.ca)

§ 13 Recent changes

  • July 1, 2014

    The Morgentaler Clinic in Fredericton closed after 20 years, citing the province's refusal to fund clinic abortions. The closure left New Brunswick without any free-standing abortion clinic until Clinic 554 opened.

    CBC News, 'Morgentaler Clinic in NB to close, citing no provincial funding' (April 10, 2014), CBC News

  • November 26, 2014

    Premier Brian Gallant's Liberal government repealed the 'two-doctor rule' that required certification by two physicians (one a specialist) for a hospital abortion to be Medicare-funded. Abortion was still restricted to hospitals.

    CBC News, 'Abortion restriction in NB lifted but access still a problem' (November 29, 2014), NB Media Co-op

  • June 1, 2015

    The Interprovincial Health Insurance Agreements Coordinating Committee removed abortion from the list of services excluded from interprovincial reciprocal billing, meaning New Brunswick residents could access insured abortion care in other provinces without upfront payment.

    ARCC Position Paper #4: Abortion and Reciprocal Billing (updated February 2017), Abortion Rights Coalition of Canada

  • April 4, 2017

    New Brunswick became the first province to announce universal no-cost coverage of Mifegymiso (the abortion pill) for all residents with a valid Medicare card, through the Medical Abortion Program (Plan J).

    CBC News, 'Abortion pill now available for free to women in New Brunswick' (July 7, 2017), CBC News

  • March 1, 2020

    The federal government began deducting Canada Health Transfer payments from New Brunswick ($140,000 initially) for patient charges at Clinic 554, the private abortion clinic in Fredericton, for violations of the Canada Health Act's prohibition on user charges.

    CBC News, 'Feds penalize province for lack of abortion access' (April 9, 2020), CBC News

  • January 6, 2021

    The Canadian Civil Liberties Association (CCLA) filed a constitutional challenge against Regulation 84-20 in the New Brunswick Court of Queen's Bench, alleging that the hospital-only funding restriction violated the Charter and the Canada Health Act.

    CCLA v New Brunswick, 2021 NBQB 119 (standing granted June 2, 2021), Statement of Defence, para 8, Court of Queen's Bench of New Brunswick (CanLII)

  • January 31, 2024

    Clinic 554 in Fredericton — the last free-standing abortion clinic in New Brunswick — closed permanently, eliminating all community-based procedural abortion services in the province.

    CBC News, 'Clinic 554 to close, bringing clinic-based abortions to end in Fredericton area' (February 1, 2024), CBC News

  • November 7, 2024

    Premier Susan Holt's newly elected Liberal government approved changes to Regulation 84-20, removing abortion from Schedule 2 and allowing Medicare to fund surgical abortions outside hospitals for the first time in decades.

    GNB News Release, 'Changes announced to fund surgical abortions outside hospitals' (November 7, 2024), Government of New Brunswick

  • March 11, 2026

    New Brunswick launched a centralized self-referral phone line (1-844-806-9205) for abortion services, allowing patients to navigate options and book appointments through a single toll-free number operated by Horizon Health Network.

    GNB News Release, 'New central phone service to support self-referral for abortion services' (March 11, 2026), Government of New Brunswick

  • March 18, 2026

    The government introduced amendments to the Midwifery Act to expand midwives' scope of practice to include care throughout child-bearing years; the bill does not explicitly add Mifegymiso prescribing but may enable it through regulation.

    GNB News Release, 'Amendments aim to expand midwives' roles and support training' (March 18, 2026), Government of New Brunswick

  • March 20, 2026

    The CPSNB updated its Conscientious Objection professional standard (version 3), joining standards from other Atlantic provinces. The standard requires objecting physicians to facilitate patient access to care but does not use the term 'effective referral.'

    CPSNB Conscientious Objection Professional Standard (v. 3, amended March 20, 2026), Maintaining Access to Care, College of Physicians and Surgeons of New Brunswick

§ 14 Pending changes

Bill: An Act to Amend the Midwifery Act (introduced March 18, 2026) Legislation

Status. Introduced; not yet passed as of July 2025

If passed, would expand midwives' scope to include care throughout child-bearing years. Depending on the regulatory schedules adopted after passage, midwives could potentially gain authority to prescribe Mifegymiso, expanding medication-abortion access, especially in rural areas.

GNB News Release (March 18, 2026), Government of New Brunswick

Universal contraception coverage (2024 Liberal throne speech promise) Policy

Status. Commitment reaffirmed by Health Minister John Dornan (November 2025); no bill introduced as of July 2025

Would reduce unintended pregnancies and thus demand for abortion. Dornan has said the province will proceed with or without a federal pharmacare agreement. No legislative mechanism has been specified.

CBC News, 'NB abortion access a work in progress one year after policy change' (November 6, 2025), CBC News

§ 15 Key authorities

  • Medical Services Payment Act — Medical Services Payment Act, RSNB 1973, c M-7 Statute · laws.gnb.ca/en/document/cs/M-7

    Defines 'entitled services' and creates the framework under which abortion is insured in New Brunswick; the regulation under this Act was the mechanism for the decades-long hospital-only funding restriction.

  • Regulation 84-20 (General Regulation) — General Regulation - Medical Services Payment Act, NB Reg 84-20 Regulation · canlii.org/en/nb/laws/regu/nb-…

    Formerly contained Schedule 2, para (a.1), which deemed abortion not an entitled service unless performed in an approved hospital. This paragraph was repealed November 7, 2024, ending the hospital-only restriction.

  • Medical Consent of Minors Act — Medical Consent of Minors Act, RSNB 1976, c M-6.1 Statute · laws.gnb.ca/en/document/cs/M-6.1

    Sets the minor-consent framework: age 16 for presumptive adult consent, and a codified mature-minor rule under s. 3(1) for those under 16 based on capacity and best interests.

  • Fatal Accidents Act — Fatal Accidents Act, RSNB 2012, c 104 Statute · canlii.org/en/nb/laws/stat/rsn…

    Defines 'deceased' as a 'person,' consistent with the born-alive rule; under Canadian jurisprudence, no wrongful-death claim lies for a fetus.

  • R v Morgentaler — R v Morgentaler, [1988] 1 SCR 30 Case · canlii.org/en/ca/scc/doc/1988/…

    The foundational Supreme Court decision striking down Criminal Code s. 251 as violating s. 7 of the Charter; the reason no criminal abortion prohibition exists in Canada.

  • R v Morgentaler (1993) — R v Morgentaler, [1993] 3 SCR 463 Case · canlii.org/en/ca/scc/doc/1993/…

    Struck down a Nova Scotia regulation restricting abortion to hospitals as ultra vires provincial criminal law; the key division-of-powers precedent limiting what provinces may do.

  • Tremblay v Daigle — Tremblay v Daigle, [1989] 2 SCR 530 Case · canlii.org/en/ca/scc/doc/1989/…

    Held that a fetus is not a legal person and that a father has no standing to seek an injunction to prevent an abortion; forecloses paternal-veto claims in all Canadian jurisdictions.

  • Dobson (Litigation Guardian of) v Dobson — Dobson (Litigation Guardian of) v Dobson, [1999] 2 SCR 753 Case · ca.vlex.com/vid/dobson-v-dobson-681642653

    A New Brunswick case establishing that a mother cannot be liable in tort for prenatal negligence toward the fetus; a child born alive may sue for prenatal injuries but not against its mother.

  • Winnipeg Child and Family Services v G (DF) — Winnipeg Child and Family Services (Northwest Area) v G (DF), [1997] 3 SCR 925 Case · canlii.org/en/ca/scc/doc/1997/…

    Held that child-protection statutes do not apply to fetuses and that courts cannot order the detention of a pregnant person for fetal protection.

  • Canada Health Act — Canada Health Act, RSC 1985, c C-6 Statute · laws-lois.justice.gc.ca/eng/acts/c-6

    The federal spending-power statute under which Health Canada deducted $444,041 from New Brunswick's Canada Health Transfer for patient charges at Clinic 554.

  • CPSNB Conscientious Objection Standard — College of Physicians and Surgeons of New Brunswick, Professional Standard: Conscientious Objection (v. 3, March 20, 2026) Regulator policy · cpsnb.org/en/physicians/profe…

    Governs how NB physicians may exercise conscientious objection to abortion; requires facilitation of patient access but does not use 'effective referral' language.

  • Medical Abortion Program (Plan J) Policy — NB Department of Health, Pharmaceutical Services, Medical Abortion Program Policy Regulation · gnb.ca/content/dam/GNB3/t/…

    Establishes universal no-cost Mifegymiso coverage for all NB Medicare holders; the policy document governing eligibility, prescribing, and pharmacy claims.

  • Personal Health Information Privacy and Access Act — Personal Health Information Privacy and Access Act, SNB 2009, c P-7.05 Statute · canlii.org/en/nb/laws/stat/snb…

    Governs confidentiality of health records; s. 5 links to the Medical Consent of Minors Act, so a mature minor who independently consents to abortion also controls access to their records.

  • Constitution Act, 1867 — Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, ss. 91-92 Constitution · laws-lois.justice.gc.ca/eng/const/page-1.html

    The division-of-powers framework: Parliament has exclusive jurisdiction over criminal law (s. 91(27)); provinces control hospitals (s. 92(7)), property and civil rights (s. 92(13)), and local matters (s. 92(16)).

  • Criminal Code (born-alive rule) — Criminal Code, RSC 1985, c C-46, s 223 Statute · laws-lois.justice.gc.ca/eng/acts/c-46/section-223.html

    Codifies the born-alive rule: a child becomes a human being when it has completely proceeded in a living state from the mother's body; the federal basis for fetal non-personhood in law.

Research notes Overall confidence: High. Analysis current as of July 13, 2026; research completed July 13, 2026. Before publication: (1) Verify the current consolidated text of NB Reg 84-20 on laws.gnb.ca to confirm Schedule 2 no longer lists abortion; (2) confirm no safe-access-zone bill has been introduced in the current legislative session; (3) check whether the Midwifery Act amendments have passed and whether any regulations adding Mifegymiso prescribing have been promulgated; (4) confirm the current NB Drug Plans Formulary listing for Mifegymiso under Plan J; (5) re-check the CPSNB Code of Ethics full text for any updates to conscience-related provisions; and (6) verify whether the CCLA litigation has been formally discontinued by court order or merely abandoned. Unresolved points: The precise text of the November 2024 order-in-council amending Regulation 84-20 is not publicly indexed on laws.gnb.ca; the GNB news release and secondary reporting are the available sources. The amended text of Regulation 84-20 should be verified by obtaining the order-in-council directly. — The CPSNB Code of Ethics page on cpsnb.org does not display the full annotated text of the Code (only the summary page was accessible); the conscience-related Commentary 12 text was confirmed via the conscience-laws.org mirror. Direct CPSNB source for the full Code with commentaries should be obtained. — Whether midwives will gain Mifegymiso prescribing authority after the Midwifery Act amendments pass depends on regulatory schedules not yet published; this is a developing situation. — The Interprovincial Health Insurance Agreements Coordinating Committee's 2015 decision to remove abortion from the reciprocal-billing exclusion list is not published in any primary government source; the ARCC position paper is the most detailed public account. — No systematic survey of individual New Brunswick physician or pharmacist conscientious-objection practices exists; the CPSNB standard and Code of Ethics are the regulatory framework, but on-the-ground compliance is not independently documented. — Quantitative data on how many New Brunswick residents travel out of province for abortion each year, and to where, is not publicly reported by the Department of Health.