Acts and Regulations

A-11.1 - Archives Act

Section 10.2
Disposition versions

Full text
Review by Committee
10.2(1)Within thirty days after the submission of an application for review, the Committee shall meet to consider the application and shall advise the applicant in writing of its decision.
10.2(2)Neither the Provincial Archivist nor any representative of the department from which the public record being requested was transferred shall be present during any portion of a meeting by the Committee in which an application for review is considered.
10.2(3)Notwithstanding subsection (2), the Provincial Archivist may appear before the committee considering an application for review under paragraph 10.1(5)(c) in order to explain why he has not replied to a request to inspect a public record.
10.2(4)The Committee may inspect the public record in question while considering an application for review.
10.2(5)A decision of the majority of the members of the Committee considering an application for review is final.
10.2(6)The Committee shall grant a request made under paragraph 10.1(5)(a) or (c) to inspect a public record where it is satisfied
(a) that the public record is available for public inspection, or
(b) that the applicant intends to do legitimate research or statistical work, and that the purpose of the work cannot reasonably be accomplished without inspection of the public record.
10.2(7)In granting under paragraph (6)(b) a request to inspect a public record the Committee may, at its discretion, grant the request with respect to a portion of the public record.
10.2(8)Where the Committee denies a request to inspect a public record in whole or in part, it shall set out in its written decision the reasons for the denial and shall provide the applicant with the forms prescribed by regulation for a referral of the matter to a judge of The Court of King’s Bench of New Brunswick or to the Ombud under this Act.
10.2(9)The Committee shall grant a request to inspect a public record made under paragraph 10.1(5)(b) where it is satisfied that the public record is available for public inspection.
10.2(10)Where in the opinion of the Committee a portion of a public record is unavailable for public inspection and that portion is severable, the Committee shall delete the unavailable portion and shall grant the request with respect to the available portion.
1986, c.11, s.3; 2017, c.1, s.4; 2023, c.17, s.9
Review by Committee
10.2(1)Within thirty days after the submission of an application for review, the Committee shall meet to consider the application and shall advise the applicant in writing of its decision.
10.2(2)Neither the Provincial Archivist nor any representative of the department from which the public record being requested was transferred shall be present during any portion of a meeting by the Committee in which an application for review is considered.
10.2(3)Notwithstanding subsection (2), the Provincial Archivist may appear before the committee considering an application for review under paragraph 10.1(5)(c) in order to explain why he has not replied to a request to inspect a public record.
10.2(4)The Committee may inspect the public record in question while considering an application for review.
10.2(5)A decision of the majority of the members of the Committee considering an application for review is final.
10.2(6)The Committee shall grant a request made under paragraph 10.1(5)(a) or (c) to inspect a public record where it is satisfied
(a) that the public record is available for public inspection, or
(b) that the applicant intends to do legitimate research or statistical work, and that the purpose of the work cannot reasonably be accomplished without inspection of the public record.
10.2(7)In granting under paragraph (6)(b) a request to inspect a public record the Committee may, at its discretion, grant the request with respect to a portion of the public record.
10.2(8)Where the Committee denies a request to inspect a public record in whole or in part, it shall set out in its written decision the reasons for the denial and shall provide the applicant with the forms prescribed by regulation for a referral of the matter to a judge of The Court of Queen’s Bench of New Brunswick or to the Ombud under this Act.
10.2(9)The Committee shall grant a request to inspect a public record made under paragraph 10.1(5)(b) where it is satisfied that the public record is available for public inspection.
10.2(10)Where in the opinion of the Committee a portion of a public record is unavailable for public inspection and that portion is severable, the Committee shall delete the unavailable portion and shall grant the request with respect to the available portion.
1986, c.11, s.3; 2017, c.1, s.4
Application to review decision of Provincial Archivist
10.2(1)Within thirty days after the submission of an application for review, the Committee shall meet to consider the application and shall advise the applicant in writing of its decision.
10.2(2)Neither the Provincial Archivist nor any representative of the department from which the public record being requested was transferred shall be present during any portion of a meeting by the Committee in which an application for review is considered.
10.2(3)Notwithstanding subsection (2), the Provincial Archivist may appear before the committee considering an application for review under paragraph 10.1(5)(c) in order to explain why he has not replied to a request to inspect a public record.
10.2(4)The Committee may inspect the public record in question while considering an application for review.
10.2(5)A decision of the majority of the members of the Committee considering an application for review is final.
10.2(6)The Committee shall grant a request made under paragraph 10.1(5)(a) or (c) to inspect a public record where it is satisfied
(a) that the public record is available for public inspection, or
(b) that the applicant intends to do legitimate research or statistical work, and that the purpose of the work cannot reasonably be accomplished without inspection of the public record.
10.2(7)In granting under paragraph (6)(b) a request to inspect a public record the Committee may, at its discretion, grant the request with respect to a portion of the public record.
10.2(8)Where the Committee denies a request to inspect a public record in whole or in part, it shall set out in its written decision the reasons for the denial and shall provide the applicant with the forms prescribed by regulation for a referral of the matter to a judge of The Court of Queen’s Bench of New Brunswick or to the Ombudsman under this Act.
10.2(9)The Committee shall grant a request to inspect a public record made under paragraph 10.1(5)(b) where it is satisfied that the public record is available for public inspection.
10.2(10)Where in the opinion of the Committee a portion of a public record is unavailable for public inspection and that portion is severable, the Committee shall delete the unavailable portion and shall grant the request with respect to the available portion.
1986, c.11, s.3
Application to review decision of Provincial Archivist
10.2(1)Within thirty days after the submission of an application for review, the Committee shall meet to consider the application and shall advise the applicant in writing of its decision.
10.2(2)Neither the Provincial Archivist nor any representative of the department from which the public record being requested was transferred shall be present during any portion of a meeting by the Committee in which an application for review is considered.
10.2(3)Notwithstanding subsection (2), the Provincial Archivist may appear before the committee considering an application for review under paragraph 10.1(5)(c) in order to explain why he has not replied to a request to inspect a public record.
10.2(4)The Committee may inspect the public record in question while considering an application for review.
10.2(5)A decision of the majority of the members of the Committee considering an application for review is final.
10.2(6)The Committee shall grant a request made under paragraph 10.1(5)(a) or (c) to inspect a public record where it is satisfied
(a) that the public record is available for public inspection, or
(b) that the applicant intends to do legitimate research or statistical work, and that the purpose of the work cannot reasonably be accomplished without inspection of the public record.
10.2(7)In granting under paragraph (6)(b) a request to inspect a public record the Committee may, at its discretion, grant the request with respect to a portion of the public record.
10.2(8)Where the Committee denies a request to inspect a public record in whole or in part, it shall set out in its written decision the reasons for the denial and shall provide the applicant with the forms prescribed by regulation for a referral of the matter to a judge of The Court of Queen’s Bench of New Brunswick or to the Ombudsman under this Act.
10.2(9)The Committee shall grant a request to inspect a public record made under paragraph 10.1(5)(b) where it is satisfied that the public record is available for public inspection.
10.2(10)Where in the opinion of the Committee a portion of a public record is unavailable for public inspection and that portion is severable, the Committee shall delete the unavailable portion and shall grant the request with respect to the available portion.
1986, c.11, s.3