Acts and Regulations

A-11.1 - Archives Act

Section 10.3
Disposition versions

Full text
Referral to Court or Ombud
10.3(1)Where an applicant is not satisfied with the decision of the Committee or where the Committee fails to reply to a request within the prescribed time, the applicant may in the form and manner prescribed by regulation either
(a) refer the matter to a judge of The Court of King’s Bench of New Brunswick, or
(b) refer the matter to the Ombud.
10.3(2)Where the applicant refers the matter to a judge of The Court of King’s Bench of New Brunswick under subsection (1)
(a) the applicant may not thereafter refer the matter to the Ombud under paragraph (1)(b) or under the Ombud Act, and
(b) the Ombud, in such a case, may not act under the authority of this Act or the Ombud Act with respect to that matter.
10.3(3)Where the applicant refers the matter to the Ombud under subsection (1), the applicant may not, subject to subsection 10.7(1), refer the matter to a judge of The Court of King’s Bench of New Brunswick.
10.3(4)The Ombud and The Court of King’s Bench of New Brunswick judge may, with respect to any matter referred to them, inspect the public record that is the subject matter of the referral in order to determine the referral, but such inspection shall be made in camera without the presence of any person.
1986, c.11, s.3; 2017, c.1, s.4; 2019, c.12, s.1; 2023, c.17, s.9
Referral to Court or Ombud
10.3(1)Where an applicant is not satisfied with the decision of the Committee or where the Committee fails to reply to a request within the prescribed time, the applicant may in the form and manner prescribed by regulation either
(a) refer the matter to a judge of The Court of Queen’s Bench of New Brunswick, or
(b) refer the matter to the Ombud.
10.3(2)Where the applicant refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1)
(a) the applicant may not thereafter refer the matter to the Ombud under paragraph (1)(b) or under the Ombud Act, and
(b) the Ombud, in such a case, may not act under the authority of this Act or the Ombud Act with respect to that matter.
10.3(3)Where the applicant refers the matter to the Ombud under subsection (1), the applicant may not, subject to subsection 10.7(1), refer the matter to a judge of The Court of Queen’s Bench of New Brunswick.
10.3(4)The Ombud and The Court of Queen’s Bench of New Brunswick judge may, with respect to any matter referred to them, inspect the public record that is the subject matter of the referral in order to determine the referral, but such inspection shall be made in camera without the presence of any person.
1986, c.11, s.3; 2017, c.1, s.4; 2019, c.12, s.1
Referral to Court or Ombud
10.3(1)Where an applicant is not satisfied with the decision of the Committee or where the Committee fails to reply to a request within the prescribed time, the applicant may in the form and manner prescribed by regulation either
(a) refer the matter to a judge of The Court of Queen’s Bench of New Brunswick, or
(b) refer the matter to the Ombud.
10.3(2)Where the applicant refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1)
(a) the applicant may not thereafter refer the matter to the Ombud under paragraph (1)(b) or under the Ombud Act, and
(b) the Ombud, in such a case, may not act under the authority of this Act or the Ombud Act with respect to that matter.
10.3(3)Where the applicant refers the matter to the Ombud under subsection (1), the applicant may not, subject to subsection 10.7(1), refer the matter to a judge of The Court of Queen’s Bench of New Brunswick.
10.3(4)The Ombud, subject to section 19 of the Ombud Act, and The Court of Queen’s Bench of New Brunswick judge may, with respect to any matter referred to them, inspect the public record that is the subject matter of the referral in order to determine the referral, but such inspection shall be made in camera without the presence of any person.
1986, c.11, s.3; 2017, c.1, s.4
Referral to Court or Ombudsman
10.3(1)Where an applicant is not satisfied with the decision of the Committee or where the Committee fails to reply to a request within the prescribed time, the applicant may in the form and manner prescribed by regulation either
(a) refer the matter to a judge of The Court of Queen’s Bench of New Brunswick, or
(b) refer the matter to the Ombudsman.
10.3(2)Where the applicant refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1)
(a) the applicant may not thereafter refer the matter to the Ombudsman under paragraph (1)(b) or under the Ombudsman Act, and
(b) the Ombudsman, in such case, may not act under the authority of this Act or the Ombudsman Act with respect to that matter.
10.3(3)Where the applicant refers the matter to the Ombudsman under subsection (1), the applicant may not, subject to subsection 10.7(1), refer the matter to a judge of The Court of Queen’s Bench of New Brunswick.
10.3(4)The Ombudsman, subject to section 19 of the Ombudsman Act, and The Court of Queen’s Bench of New Brunswick judge may, with respect to any matter referred to them, inspect the public record that is the subject matter of the referral in order to determine the referral, but such inspection shall be made in camera without the presence of any person.
1986, c.11, s.3
Referral to Court or Ombudsman
10.3(1)Where an applicant is not satisfied with the decision of the Committee or where the Committee fails to reply to a request within the prescribed time, the applicant may in the form and manner prescribed by regulation either
(a) refer the matter to a judge of The Court of Queen’s Bench of New Brunswick, or
(b) refer the matter to the Ombudsman.
10.3(2)Where the applicant refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1)
(a) the applicant may not thereafter refer the matter to the Ombudsman under paragraph (1)(b) or under the Ombudsman Act, and
(b) the Ombudsman, in such case, may not act under the authority of this Act or the Ombudsman Act with respect to that matter.
10.3(3)Where the applicant refers the matter to the Ombudsman under subsection (1), the applicant may not, subject to subsection 10.7(1), refer the matter to a judge of The Court of Queen’s Bench of New Brunswick.
10.3(4)The Ombudsman, subject to section 19 of the Ombudsman Act, and The Court of Queen’s Bench of New Brunswick judge may, with respect to any matter referred to them, inspect the public record that is the subject matter of the referral in order to determine the referral, but such inspection shall be made in camera without the presence of any person.
1986, c.11, s.3