Acts and Regulations

A-11.1 - Archives Act

Section 10.9
Disposition versions

Full text
Where request to inspect public record granted
10.9(1)Where a request to inspect a public record is granted in whole or in part by the Provincial Archivist, the Committee or a judge of The Court of King’s Bench of New Brunswick, the Provincial Archivist shall, upon payment of the fee prescribed by regulation, allow the public record or the portion of the public record to be inspected, and to be reproduced in whole or in part.
10.9(2)Where a request to inspect a public record is granted, the public record shall only be provided in the language or languages in which it is made.
10.9(3)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work shall not inspect that information until he has completed and returned to the Provincial Archivist an undertaking in the form prescribed by regulation.
10.9(4)Any person who breaches an undertaking commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
10.9(5)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work shall permit the Provincial Archivist upon the Provincial Archivist’s request to review any research notes and drafts of planned publications that contain information derived from the personal information inspected.
10.9(6)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work may be refused access to a public record at any time by the Provincial Archivist if he is satisfied that that person has breached an undertaking.
10.9(7)Sections 10.3, 10.4, 10.5, 10.6, 10.7 and 10.8 and subsection (8) apply with the necessary modifications to a refusal of access by the Provincial Archivist under subsection (6).
10.9(8)In any proceeding under this Act other than an application for review made under subsection 10.1(5), the onus shall be on the Provincial Archivist to show that there is no right to the information that is the subject of the proceeding.
1986, c.11, s.3; 2008, c.11, s.3; 2023, c.17, s.9
Where request to inspect public record granted
10.9(1)Where a request to inspect a public record is granted in whole or in part by the Provincial Archivist, the Committee or a judge of The Court of Queen’s Bench of New Brunswick, the Provincial Archivist shall, upon payment of the fee prescribed by regulation, allow the public record or the portion of the public record to be inspected, and to be reproduced in whole or in part.
10.9(2)Where a request to inspect a public record is granted, the public record shall only be provided in the language or languages in which it is made.
10.9(3)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work shall not inspect that information until he has completed and returned to the Provincial Archivist an undertaking in the form prescribed by regulation.
10.9(4)Any person who breaches an undertaking commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
10.9(5)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work shall permit the Provincial Archivist upon the Provincial Archivist’s request to review any research notes and drafts of planned publications that contain information derived from the personal information inspected.
10.9(6)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work may be refused access to a public record at any time by the Provincial Archivist if he is satisfied that that person has breached an undertaking.
10.9(7)Sections 10.3, 10.4, 10.5, 10.6, 10.7 and 10.8 and subsection (8) apply with the necessary modifications to a refusal of access by the Provincial Archivist under subsection (6).
10.9(8)In any proceeding under this Act other than an application for review made under subsection 10.1(5), the onus shall be on the Provincial Archivist to show that there is no right to the information that is the subject of the proceeding.
1986, c.11, s.3; 2008, c.11, s.3
Where request to inspect public record granted
10.9(1)Where a request to inspect a public record is granted in whole or in part by the Provincial Archivist, the Committee or a judge of The Court of Queen’s Bench of New Brunswick, the Provincial Archivist shall, upon payment of the fee prescribed by regulation, allow the public record or the portion of the public record to be inspected, and to be reproduced in whole or in part.
10.9(2)Where a request to inspect a public record is granted, the public record shall only be provided in the language or languages in which it is made.
10.9(3)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work shall not inspect that information until he has completed and returned to the Provincial Archivist an undertaking in the form prescribed by regulation.
10.9(4)Any person who breaches an undertaking commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
10.9(5)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work shall permit the Provincial Archivist upon the Provincial Archivist’s request to review any research notes and drafts of planned publications that contain information derived from the personal information inspected.
10.9(6)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work may be refused access to a public record at any time by the Provincial Archivist if he is satisfied that that person has breached an undertaking.
10.9(7)Sections 10.3, 10.4, 10.5, 10.6, 10.7 and 10.8 and subsection (8) apply with the necessary modifications to a refusal of access by the Provincial Archivist under subsection (6).
10.9(8)In any proceeding under this Act other than an application for review made under subsection 10.1(5), the onus shall be on the Provincial Archivist to show that there is no right to the information that is the subject of the proceeding.
1986, c.11, s.3; 2008, c.11, s.3
Where request to inspect public record granted
10.9(1)Where a request to inspect a public record is granted in whole or in part by the Provincial Archivist, the Committee or a judge of The Court of Queen’s Bench of New Brunswick, the Provincial Archivist shall, upon payment of the fee prescribed by regulation, allow the public record or the portion of the public record to be inspected, and to be reproduced in whole or in part.
10.9(2)Where a request to inspect a public record is granted, the public record shall only be provided in the language or languages in which it is made.
10.9(3)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work shall not inspect that information until he has completed and returned to the Provincial Archivist an undertaking in the form prescribed by regulation.
10.9(4)Any person who breaches an undertaking commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars.
10.9(5)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work shall permit the Provincial Archivist upon the Provincial Archivist’s request to review any research notes and drafts of planned publications that contain information derived from the personal information inspected.
10.9(6)A person whose request to inspect personal information concerning another person in a public record has been granted in whole or in part for the purpose of doing legitimate research or statistical work may be refused access to a public record at any time by the Provincial Archivist if he is satisfied that that person has breached an undertaking.
10.9(7)Sections 10.3, 10.4, 10.5, 10.6, 10.7 and 10.8 and subsection (8) apply with the necessary modifications to a refusal of access by the Provincial Archivist under subsection (6).
10.9(8)In any proceeding under this Act other than an application for review made under subsection 10.1(5), the onus shall be on the Provincial Archivist to show that there is no right to the information that is the subject of the proceeding.
1986, c.11, s.3