Acts and Regulations

P-7.05 - Personal Health Information Privacy and Access Act

Section 68
Disposition versions

Full text
Complaint filed with the Ombud
2019, c.19, s.5
68(1) An individual who made a request under section 7 or section 15 may make a complaint to the Ombud if the individual
(a) is not satisfied with a decision, an act or an omission of the custodian in relation to the request, or
(b) is not satisfied with a decision of a custodian under subsection 10(2).
68(2)Without limiting paragraph (1)(a), an individual may make a complaint to the Ombud alleging that a custodian
(a) has collected, used or disclosed his or her personal health information contrary to this Act, or
(b) has failed to protect his or her personal health information in a secure manner as required by this Act.
68(3)Subject to section 75, if an individual has filed a complaint with the Ombud under subsection (1), the individual may not refer the matter under subsection 66(1) to a judge of The Court of King’s Bench of New Brunswick for review.
68(4)Subject to subsection (6), a complaint to the Ombud under subsection (1) shall be in writing and filed within 60 days after the date the individual was notified of the decision of the custodian or the date of the act or the omission of the custodian, as the case may be.
68(5)The Ombud may extend the period of time referred to in subsection (4).
68(6)If the custodian fails to respond in time to a request to examine or copy a record, the failure is to be treated as a decision to refuse the request, in which case a complaint shall be filed with the Ombud within 120 days following the request for information.
68(7)As soon as practicable after receiving a complaint, the Ombud shall notify the custodian of the complaint and provide the custodian with a copy of the complaint.
2019, c.19, s.5; 2023, c.17, s.189
Complaint filed with the Ombud
2019, c.19, s.5
68(1) An individual who made a request under section 7 or section 15 may make a complaint to the Ombud if the individual
(a) is not satisfied with a decision, an act or an omission of the custodian in relation to the request, or
(b) is not satisfied with a decision of a custodian under subsection 10(2).
68(2)Without limiting paragraph (1)(a), an individual may make a complaint to the Ombud alleging that a custodian
(a) has collected, used or disclosed his or her personal health information contrary to this Act, or
(b) has failed to protect his or her personal health information in a secure manner as required by this Act.
68(3)Subject to section 75, if an individual has filed a complaint with the Ombud under subsection (1), the individual may not refer the matter under subsection 66(1) to a judge of The Court of Queen’s Bench of New Brunswick for review.
68(4)Subject to subsection (6), a complaint to the Ombud under subsection (1) shall be in writing and filed within 60 days after the date the individual was notified of the decision of the custodian or the date of the act or the omission of the custodian, as the case may be.
68(5)The Ombud may extend the period of time referred to in subsection (4).
68(6)If the custodian fails to respond in time to a request to examine or copy a record, the failure is to be treated as a decision to refuse the request, in which case a complaint shall be filed with the Ombud within 120 days following the request for information.
68(7)As soon as practicable after receiving a complaint, the Ombud shall notify the custodian of the complaint and provide the custodian with a copy of the complaint.
2019, c.19, s.5
Complaint filed with the Commissioner
68(1) An individual who made a request under section 7 or section 15 may make a complaint to the Commissioner if the individual
(a) is not satisfied with a decision, an act or an omission of the custodian in relation to the request, or
(b) is not satisfied with a decision of a custodian under subsection 10(2).
68(2)Without limiting paragraph (1)(a), an individual may make a complaint to the Commissioner alleging that a custodian
(a) has collected, used or disclosed his or her personal health information contrary to this Act, or
(b) has failed to protect his or her personal health information in a secure manner as required by this Act.
68(3)Subject to section 75, if an individual has filed a complaint with the Commissioner under subsection (1), the individual may not refer the matter under subsection 66(1) to a judge of The Court of Queen’s Bench of New Brunswick for review.
68(4)Subject to subsection (6), a complaint to the Commissioner under subsection (1) shall be in writing and filed within 60 days after the date the individual was notified of the decision of the custodian or the date of the act or the omission of the custodian, as the case may be.
68(5)The Commissioner may extend the period of time referred to in subsection (4).
68(6)If the custodian fails to respond in time to a request to examine or copy a record, the failure is to be treated as a decision to refuse the request, in which case a complaint shall be filed with the Commissioner within 120 days following the request for information.
68(7)As soon as practicable after receiving a complaint, the Commissioner shall notify the custodian of the complaint and provide the custodian with a copy of the complaint.
Complaint filed with the Commissioner
68(1) An individual who made a request under section 7 or section 15 may make a complaint to the Commissioner if the individual
(a) is not satisfied with a decision, an act or an omission of the custodian in relation to the request, or
(b) is not satisfied with a decision of a custodian under subsection 10(2).
68(2)Without limiting paragraph (1)(a), an individual may make a complaint to the Commissioner alleging that a custodian
(a) has collected, used or disclosed his or her personal health information contrary to this Act, or
(b) has failed to protect his or her personal health information in a secure manner as required by this Act.
68(3)Subject to section 75, if an individual has filed a complaint with the Commissioner under subsection (1), the individual may not refer the matter under subsection 66(1) to a judge of The Court of Queen’s Bench of New Brunswick for review.
68(4)Subject to subsection (6), a complaint to the Commissioner under subsection (1) shall be in writing and filed within 60 days after the date the individual was notified of the decision of the custodian or the date of the act or the omission of the custodian, as the case may be.
68(5)The Commissioner may extend the period of time referred to in subsection (4).
68(6)If the custodian fails to respond in time to a request to examine or copy a record, the failure is to be treated as a decision to refuse the request, in which case a complaint shall be filed with the Commissioner within 120 days following the request for information.
68(7)As soon as practicable after receiving a complaint, the Commissioner shall notify the custodian of the complaint and provide the custodian with a copy of the complaint.