Public inspection of public records
10(1)Subject to subsections (2) and (3), all public records transferred to the Archives and in the possession, care, custody and control of the Provincial Archivist are available for public inspection.
10(2)Subsection (1) does not apply to public records that, for the purpose of temporary storage, have been placed in storage facilities provided by the Provincial Archivist.
10(3)Subject to subsections (3.1), (4), (6), (7) and (8), public records are unavailable for public inspection under this Act where the inspection
(a)
would disclose information the confidentiality of which is protected by law;
(b)
would reveal personal information concerning another person;
(b.1)
would reveal personal information concerning the applicant that
(i)
was provided by another person in confidence, or is confidential in nature, or
(ii)
could reasonably be expected to threaten the safety or mental or physical health of the applicant or another person;
(c)
would cause financial loss or gain to a person or department, or would jeopardize negotiations leading to an agreement or contract;
(d)
would reveal financial, commercial, technical or scientific information
(i)
given by an individual or a corporation that is a going concern in connection with financial assistance applied for or given under the authority of a statute or regulation of the Province, or
(ii)
given in or pursuant to an agreement entered into under the authority of a statute or regulation, if the information relates to the internal management or operations of a corporation that is a going concern;
(e)
would violate the confidentiality of information obtained from another government;
(f)
would be detrimental to the proper custody, control or supervision of persons under sentence;
(g)
would disclose legal opinions or advice provided to a person or department by a law officer of the Crown, or privileged communications as between solicitor and client in a matter of department business;
(g.1)
would disclose information respecting the access to or security of particular buildings, other structures or systems, including computer or communication systems, or would disclose information respecting the access to or security of methods employed to protect such buildings, other structures or systems;
(g.2)
would disclose the subject or substance
(i)
of minutes of the meetings of a District Education Council, of a Parent School Support Committee, of the board of trustees of a regional health authority or of a committee of any such board, that were not open to the public,
(ii)
of briefings to members of such a council, board or committee respecting matters that were, are or are proposed to be brought before such a meeting, or
(iii)
of discussions, consultations or deliberations among members of such a council, board or committee respecting such a meeting;
(g.3)
would disclose advice, opinions, proposals, recommendations, analyses or policy options provided, given or made to or for a District Education Council, a Parent School Support Committee, the board of directors of a regional health authority or a committee of any such board for the purposes of the council, board or committee in exercising its powers and performing its duties and functions;
(h)
Repealed: 1995, c.51, s.7
(h.1)
would disclose opinions or recommendations for a Minister or the Executive Council;
(i)
would disclose the substance of proposed legislation or regulations;
(j)
would reveal information gathered by police, including the Royal Canadian Mounted Police, in the course of investigating any illegal activity or suspected illegal activity, or the source of such information;
(k)
would disclose any information reported to the Attorney General or his agent with respect to any illegal activity or suspected illegal activity, or the source of such information; or
(l)
would impede an investigation, inquiry or the administration of justice.
10(3.1)Paragraphs (3)(
g.1) to (
g.3) and (
h.1) do not apply to public records that were in the care, custody and control of the Provincial Archivist and were available for public inspection before those paragraphs came into force.
10(4)Public records referred to in paragraph (3)(
b) are available for public inspection after
(a)
one hundred years following the date of birth of the person to whom the personal information relates,
(b)
the person to whom the personal information relates consents in writing to the inspection, or
(c)
the Committee or a judge of The Court of King’s Bench of New Brunswick has granted a request for inspection for research or statistical purposes.
10(4.1)Despite paragraph (4)(
a), if the public records referred to in paragraph (3)(
b) would reveal personal health information, as defined in the
Personal Health Information Privacy and Access Act, concerning another person, the records are available for public inspection after 50 years following the date of death of the person to whom the personal health information relates.
10(5)Where uncertainty exists regarding a date of birth referred to in paragraph (4)(
a) or a date of death referred to in subsection (4.1), the determination of the date by the Provincial Archivist is final.
10(6)Public records referred to in paragraph (3)(
e) are available for public inspection if the government from which the information was obtained
(a)
consents in writing to the inspection, or
(b)
makes the information public.
10(7)Public records referred to in paragraph (3)(
g) are available for public inspection after fifty years following the date of their creation.
10(8)Public records referred to in paragraph (3)(
h.1) are available for public inspection after twenty years following the date of their creation.
10(9)Notwithstanding subsections (3) to (8) and sections 10.1 to 10.9, an authorized representative of the department from which a public record has been transferred, may inspect the public record for any purpose not inconsistent with the purpose for which the public record was obtained or created by the department.
10(10)Subsection (3) does not apply to a public record
(a)
that is available for public inspection at a location other than the Archives, or
(b)
that was available for public inspection before it was transferred to the Archives.
10(11)Notwithstanding subsection 10.9(8), the onus shall be on a person requesting to inspect a public record to satisfy the Provincial Archivist that the public record is one referred to in subsection (10).
1986, c.11, s.2; 1995, c.51, s.7; 1998, c.P-19.1, s.8; 2002, c.1, s.2; 2017, c.30, s.3; 2019, c.12, s.1; 2023, c.17, s.9