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R-10.6
- Right to Information and Protection of Privacy Act
Detailled Table of Contents
Current to 1 January 2024
Right to Information andProtection of Privacy Act
1
DEFINITIONS, PURPOSES AND APPLICATION
1
Definitions
1.1
Interpretation of the definition “common or integrated service, program or activity”
2
Purposes of this Act
3
Application
3.1
This Act applies to all records that are not otherwise excluded
4
Records excluded from the application of this Act
5
This Act prevails over other Acts unless expressly provided otherwise
6
Delegation by the head of a public body
2
RIGHT TO INFORMATION
A
Obtaining access to records
7
Entitlement to request and receive information
8
Request for access
9
Duty to assist applicant
10
Access to records in electronic form
11
Time limit for responding
12
Decision to consider an application abandoned
13
Transferring a request for access
14
Contents of response
15
Power to authorize a head to disregard requests
16
How access will be given
B
Mandatory exceptions to disclosure
17
Executive Council confidences
18
Information provided in confidence
18.1
Disclosure harmful to governmental relations
18.2
Information in a law enforcement record for which the disclosure is prohibited
19
Information provided by a council of the band
20
Information from a harassment, personnel or university investigation
21
Unreasonable invasion of third party’s privacy
22
Disclosure harmful to a third party’s business or financial interests
22.1
Information subject to a solicitor-client privilege of a third party
C
Discretionary exceptions to disclosure
23
Disclosure harmful to governmental relations
24
Disclosure harmful to relations between New Brunswick and a council of the band
25
Local public body confidences
26
Advice to a public body
27
Legal privilege
28
Disclosure harmful to an individual or to public safety or in the public interest
29
Disclosure harmful to law enforcement or legal proceedings
30
Disclosure harmful to economic and other interests of a public body
31
Tests, testing procedures and audits
32
Confidential evaluations
33
Information that is or will be available to the public
C.1
Mandatory disclosure
33.1
Mandatory disclosure – risk of significant harm
D
Third party intervention
34
Notice to third party
35
Content of notice
36
Decision within 20 business days
3
PROTECTION OF PRIVACY
A
Collection, correction and retention of personal information
37
Collection of personal information
37.1
Collection of personal information by the Minister of Health or a research data centre
38
Manner of collection
39
Accuracy of personal information
40
Right to request correction of personal information
41
Retention of personal information
42
Protection of personal information
B
Restrictions on use and disclosure of personal information
43
General duty of public bodies
44
Use of personal information
45
Consistent purpose
46
Disclosure of personal information
46.1
Mandatory disclosure of personal information for common or integrated services, programs or activities
46.2
Agreements for common or integrated services, programs or activities
46.3
Data matching
47
Assessment required for other uses and disclosures
47.1
Collection, use and disclosure of personal information by a research data centre
48
Disclosure of records more than 100 years old
C
Information practices
48.1
Duty of public bodies to establish information practices
4
OFFICE OF THE ACCESS TO INFORMATION AND PRIVACY COMMISSIONER
Repealed: 2016, c.53, s.27
49
Access to Information and Privacy Commissioner
50
Ombudsman as Commissioner
51
Salary and benefits
52
Eligibility for appointment
53
Oath of Commissioner
54
Resignation of Commissioner
55
Removal or suspension of Commissioner
56
Acting Commissioner
57
Filling vacancies
58
Staff of the Office of the Access to Information and Privacy Commissioner
59
Delegation of powers
60
Powers and duties
61
Powers under the Inquiries Act
62
Right of entry
63
Commissioner’s report
64
Protection from legal action
4.1
POWERS AND DUTIES OF THE OMBUD
64.1
Powers and duties
64.2
Right of entry
64.3
Ombud’s report
5
REVIEW
65
Referral to Court of King’s Bench
66
Decision of The Court of King’s Bench
67
Complaint filed with the Ombud
68
Investigation
69
Refusal to investigate complaint
70
Production of records
71
Representations to the Ombud
72
Time limit for investigation
73
Report
74
Complying with the recommendation
75
Right to appeal
76
Costs
6
GENERAL PROVISIONS
77
Privacy Assessment Review Committee
78
Giving notice under this Act
79
Exercising rights of another person
80
Fees
81
Immunity
82
Offences
83
Defence
84
Burden of proof
84.1
Delegation by the Minister
84.2
Administration
85
Regulations
86
Amendments to Schedule A
86.1
Act to be reviewed every four years
7
CONSEQUENTIAL AMENDMENTS, REVIEW, REPEAL AND COMMENCEMENT
87
Amendment to the Archives Act
88
Amendment to the Child and Youth Advocate Act
89
Amendment to the Clean Air Act
90
Amendment to the Crown Lands and Forest Act
91
Amendment to the Education Act
92
Amendment to the Historic Sites Protection Act
93
Amendment to the Ombudsman Act
94
Amendment to the Pension Benefits Act
95
Amendment to the Provincial Court Act
96
Amendment to the Statistics Act
97
Review of this Act
98
Repeal of the Protection of Personal Information Act and regulation
99
Repeal of the Right to Information Act and regulation
100
Commencement
SCHEDULE A