Acts and Regulations

P-24 - Public Records Act

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Repealed on 1 September 2011
CHAPTER P-24
Public Records Act
Repealed: R.S.N.B. 2011, Schedule A
Public records vest in Crown
1The books, papers and records kept by or in the custody of any officer of the Province, a municipality or a rural community in pursuance of his duty as such officer are vested in Her Majesty the Queen and her successors.
R.S., c.184, s.1; 2005, c.7, s.68
Action respecting wrongful withholding of public records
2If a person wrongfully takes or withholds possession of any document, book, paper or record, he may be proceeded against for the recovery of the same.
R.S., c.184, s.2
Order respecting wrongful withholding of public records
3Upon a summary application of the Attorney General, supported by affidavit, a judge of The Court of Queen’s Bench of New Brunswick may make an order requiring the person wrongfully withholding such books, papers or records to deliver the same to the proper custodian, or to such person as is named in the order.
R.S., c.184, s.3; 1967, c.38, s.2; 1979, c.41, s.101; 1981, c.6, s.1
Discretion of judge
4It shall be in the discretion of the judge to grant an order in the first instance or a summons to show cause, and costs shall be in the discretion of the judge.
R.S., c.184, s.4
Appeal
5(1)An appeal lies to the Court of Appeal, from any order made by a judge in pursuance of this Act, or from the refusal of a judge to make an order.
5(2)In case of an appeal by a person against whom any such order is made, proceedings on the order shall be stayed upon the applicant filing with the Registrar of the Court of Appeal a bond to Her Majesty, or other security for costs, in such sum as a judge directs.
R.S., c.184, s.5; 1979, c.41, s.101; 1980, c.32, s.29
Old public records vest in Crown
6All the papers, documents and record books of the Courts of Sessions, of the Inferior Courts of Common Pleas, all municipal records prior to the establishment of the present system of municipal councils, and other such public documents or records as the Lieutenant-Governor in Council may hereafter declare to be of historical interest and worthy of preservation are hereby vested in Her Majesty the Queen in right of the Province, and the Lieutenant-Governor in Council is empowered to take possession of the same, and also to take proper measures for their permanent preservation and for placing them where they will be available for investigation and to students of history.
R.S., c.184, s.6
N.B. This Act is consolidated to September 1, 2011.