Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Full text
Decision of the Court of King’s Bench
2023, c.17, s.189
67(1)If a matter is referred to a judge of The Court of King’s Bench of New Brunswick under subsection 66(1), the judge shall hold a hearing and,
(a) if the custodian denied a request to examine or copy personal health information in whole or in part, may order the custodian to grant the request in whole or in part,
(b) if the custodian failed to reply to a request to examine or copy personal health information, may order the custodian to reply to the request or deny the request,
(c) if the custodian denied a request for the correction of personal health information, in whole or in part, may order the custodian to grant the request in whole or in part, or
(d) may make any other order that is, in the opinion of the judge, necessary.
67(2)A copy of the decision of the judge of The Court of King’s Bench of New Brunswick shall be sent to the individual who referred the matter for review and to the custodian.
67(3)No appeal lies from the decision of the judge of The Court of King’s Bench of New Brunswick under subsection (1).
2023, c.17, s.189
Decision of the Court of Queen’s Bench
67(1)If a matter is referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection 66(1), the judge shall hold a hearing and,
(a) if the custodian denied a request to examine or copy personal health information in whole or in part, may order the custodian to grant the request in whole or in part,
(b) if the custodian failed to reply to a request to examine or copy personal health information, may order the custodian to reply to the request or deny the request,
(c) if the custodian denied a request for the correction of personal health information, in whole or in part, may order the custodian to grant the request in whole or in part, or
(d) may make any other order that is, in the opinion of the judge, necessary.
67(2)A copy of the decision of the judge of The Court of Queen’s Bench of New Brunswick shall be sent to the individual who referred the matter for review and to the custodian.
67(3)No appeal lies from the decision of the judge of The Court of Queen’s Bench of New Brunswick under subsection (1).
Decision of the Court of Queen’s Bench
67(1)If a matter is referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection 66(1), the judge shall hold a hearing and,
(a) if the custodian denied a request to examine or copy personal health information in whole or in part, may order the custodian to grant the request in whole or in part,
(b) if the custodian failed to reply to a request to examine or copy personal health information, may order the custodian to reply to the request or deny the request,
(c) if the custodian denied a request for the correction of personal health information, in whole or in part, may order the custodian to grant the request in whole or in part, or
(d) may make any other order that is, in the opinion of the judge, necessary.
67(2)A copy of the decision of the judge of The Court of Queen’s Bench of New Brunswick shall be sent to the individual who referred the matter for review and to the custodian.
67(3)No appeal lies from the decision of the judge of The Court of Queen’s Bench of New Brunswick under subsection (1).