Acts and Regulations

R-10.6 - Right to Information and Protection of Privacy Act

Section 11
Disposition versions

Full text
Time limit for responding
11(1)The head of a public body shall respond in writing to a request for access to a record within 30 business days after receiving the request unless
(a) the time limit for responding is extended under subsection (3) or (4),
(b) the request has been transferred to another public body under section 13, or
(c) an estimate is given to the applicant under section 80.
11(2)The failure of the head of a public body to respond to a request for access to a record within the period of 30 business days or any extended period is to be treated as a decision to refuse access to the record.
11(3)The head of a public body may extend the time for responding to a request for up to an additional 30 business days if
(a) the applicant does not give enough detail to enable the public body to identify a requested record,
(b) the applicant does not respond to a request for clarification by the head of the public body as soon as the circumstances permit,
(c) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the public body,
(d) time is needed to notify and receive representations from a third party or to consult with another public body before deciding whether or not to grant access to a record,
(e) a third party refers the matter to a judge of The Court of King’s Bench of New Brunswick under subsection 65(1) or files a complaint with the Ombud under paragraph 67(1)(b), or
(f) the applicant requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
11(4)In any case referred to in subsection (3), the head of a public body may, if approved by the Ombud, extend the time limit for responding to a request for a period longer than 30 business days.
11(5)If the time for responding is extended under subsection (3) or (4), the head of the public body shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the head of the public body has extended the time limit under subsection (3), that the person may file a complaint with the Ombud about the extension.
2017, c.31, s.12; 2019, c.19, s.6; 2023, c.17, s.246
Time limit for responding
11(1)The head of a public body shall respond in writing to a request for access to a record within 30 business days after receiving the request unless
(a) the time limit for responding is extended under subsection (3) or (4),
(b) the request has been transferred to another public body under section 13, or
(c) an estimate is given to the applicant under section 80.
11(2)The failure of the head of a public body to respond to a request for access to a record within the period of 30 business days or any extended period is to be treated as a decision to refuse access to the record.
11(3)The head of a public body may extend the time for responding to a request for up to an additional 30 business days if
(a) the applicant does not give enough detail to enable the public body to identify a requested record,
(b) the applicant does not respond to a request for clarification by the head of the public body as soon as the circumstances permit,
(c) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the public body,
(d) time is needed to notify and receive representations from a third party or to consult with another public body before deciding whether or not to grant access to a record,
(e) a third party refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection 65(1) or files a complaint with the Ombud under paragraph 67(1)(b), or
(f) the applicant requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
11(4)In any case referred to in subsection (3), the head of a public body may, if approved by the Ombud, extend the time limit for responding to a request for a period longer than 30 business days.
11(5)If the time for responding is extended under subsection (3) or (4), the head of the public body shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the head of the public body has extended the time limit under subsection (3), that the person may file a complaint with the Ombud about the extension.
2017, c.31, s.12; 2019, c.19, s.6
Time limit for responding
11(1)The head of a public body shall respond in writing to a request for access to a record within 30 business days after receiving the request unless
(a) the time limit for responding is extended under subsection (3) or (4),
(b) the request has been transferred to another public body under section 13, or
(c) an estimate is given to the applicant under section 80.
11(2)The failure of the head of a public body to respond to a request for access to a record within the period of 30 business days or any extended period is to be treated as a decision to refuse access to the record.
11(3)The head of a public body may extend the time for responding to a request for up to an additional 30 business days if
(a) the applicant does not give enough detail to enable the public body to identify a requested record,
(b) the applicant does not respond to a request for clarification by the head of the public body as soon as the circumstances permit,
(c) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the public body,
(d) time is needed to notify and receive representations from a third party or to consult with another public body before deciding whether or not to grant access to a record,
(e) a third party refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection 65(1) or files a complaint with the Commissioner under paragraph 67(1)(b), or
(f) the applicant requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
11(4)In any case referred to in subsection (3), the head of a public body may, if approved by the Commissioner, extend the time limit for responding to a request for a period longer than 30 business days.
11(5)If the time for responding is extended under subsection (3) or (4), the head of the public body shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the head of the public body has extended the time limit under subsection (3), that the person may file a complaint with the Commissioner about the extension.
2017, c.31, s.12
Time limit for responding
11(1)The head of a public body shall respond to a request for access to a record in writing within 30 days after receiving the request unless
(a) the time limit for responding is extended under subsection (3) or (4),
(b) the request has been transferred to another public body under section 13, or
(c) an estimate is given to the applicant under section 80.
11(2)The failure of the head of a public body to respond to a request for access to a record within the 30 day period or any extended period is to be treated as a decision to refuse access to the record.
11(3)The head of a public body may extend the time for responding to a request for up to an additional 30 days if
(a) the applicant does not give enough detail to enable the public body to identify a requested record,
(b) the applicant does not respond to a request for clarification by the head of the public body as soon as practicable,
(c) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the public body,
(d) time is needed to notify and receive representations from a third party or to consult with another public body before deciding whether or not to grant access to a record,
(e) a third party refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection 65(1) or files a complaint with the Commissioner under paragraph 67(1)(b), or
(f) the applicant requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
11(4)In any case referred to in subsection (3), the head of a public body may, if approved by the Commissioner, extend the time limit for responding to a request for a period longer than 30 days.
11(5)If the time for responding is extended under subsection (3) or (4), the head of the public body shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the time limit is extended without the approval of the Commissioner, that the person may file a complaint with the Commissioner about the extension.
Time limit for responding
11(1)The head of a public body shall respond to a request for access to a record in writing within 30 days after receiving the request unless
(a) the time limit for responding is extended under subsection (3) or (4),
(b) the request has been transferred to another public body under section 13, or
(c) an estimate is given to the applicant under section 80.
11(2)The failure of the head of a public body to respond to a request for access to a record within the 30 day period or any extended period is to be treated as a decision to refuse access to the record.
11(3)The head of a public body may extend the time for responding to a request for up to an additional 30 days if
(a) the applicant does not give enough detail to enable the public body to identify a requested record,
(b) the applicant does not respond to a request for clarification by the head of the public body as soon as practicable,
(c) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the public body,
(d) time is needed to notify and receive representations from a third party or to consult with another public body before deciding whether or not to grant access to a record,
(e) a third party refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection 65(1) or files a complaint with the Commissioner under paragraph 67(1)(b), or
(f) the applicant requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.
11(4)In any case referred to in subsection (3), the head of a public body may, if approved by the Commissioner, extend the time limit for responding to a request for a period longer than 30 days.
11(5)If the time for responding is extended under subsection (3) or (4), the head of the public body shall send a written notice to the applicant setting out
(a) the reason for the extension,
(b) when a response can be expected, and
(c) if the time limit is extended without the approval of the Commissioner, that the person may file a complaint with the Commissioner about the extension.