Acts and Regulations

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

Full text
Disclosure harmful to law enforcement or legal proceedings
29(1)The head of a public body may refuse to disclose information to an applicant if disclosure could reasonably be expected to
(a) harm a law enforcement matter,
(b) prejudice the defence of Canada or of a foreign state allied to or associated with Canada or harm the detection, prevention or suppression of espionage, sabotage or terrorism,
(c) harm the effectiveness of investigative techniques and procedures currently used, or likely to be used, in law enforcement,
(d) interfere with the gathering of, or reveal criminal intelligence that has a reasonable connection with, the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities,
(e) endanger the life or safety of a law enforcement officer or any other person,
(f) deprive a person of the right to a fair trial or impartial adjudication,
(g) disclose a record that has been confiscated from a person by a peace officer in accordance with an Act of the Legislature or an Act of the Parliament of Canada,
(h) disclose a record relating to a prosecution or an inquest under the Coroners Act if all proceedings concerning the prosecution or inquest have not been completed,
(i) facilitate the escape from custody of an individual who is lawfully detained,
(j) facilitate the commission of an unlawful act or interfere with the control of crime,
(k) disclose technical information relating to weapons or potential weapons,
(l) interfere with the proper custody or supervision of an individual who is lawfully detained,
(m) reveal information in a correctional record supplied, explicitly or implicitly, in confidence,
(n) expose to civil liability the author of a law enforcement record or a person who has been quoted or paraphrased in the record, or
(o) be injurious to the conduct of existing legal proceedings to which the Province of New Brunswick or the public body is a party or anticipated legal proceedings to which the Province of New Brunswick or the public body may become a party.
29(2)Repealed: 2017, c.31, s.28
29(3)Subsection (1) does not apply to
(a) a report, including statistical analysis, on the degree of success achieved by a law enforcement program, unless disclosure of the report could reasonably be expected to cause any harm or interference referred to in subsection (1), and
(b) a record that provides a general outline of the structure or programs of a law enforcement agency.
2017, c.31, s.28
Disclosure harmful to law enforcement or legal proceedings
29(1)The head of a public body may refuse to disclose information to an applicant if disclosure could reasonably be expected to
(a) harm a law enforcement matter,
(b) prejudice the defence of Canada or of a foreign state allied to or associated with Canada or harm the detection, prevention or suppression of espionage, sabotage or terrorism,
(c) harm the effectiveness of investigative techniques and procedures currently used, or likely to be used, in law enforcement,
(d) interfere with the gathering of, or reveal criminal intelligence that has a reasonable connection with, the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities,
(e) endanger the life or safety of a law enforcement officer or any other person,
(f) deprive a person of the right to a fair trial or impartial adjudication,
(g) disclose a record that has been confiscated from a person by a peace officer in accordance with an Act of the Legislature or an Act of the Parliament of Canada,
(h) disclose a record relating to a prosecution or an inquest under the Coroners Act if all proceedings concerning the prosecution or inquest have not been completed,
(i) facilitate the escape from custody of an individual who is lawfully detained,
(j) facilitate the commission of an unlawful act or interfere with the control of crime,
(k) disclose technical information relating to weapons or potential weapons,
(l) interfere with the proper custody or supervision of an individual who is lawfully detained,
(m) reveal information in a correctional record supplied, explicitly or implicitly, in confidence,
(n) expose to civil liability the author of a law enforcement record or a person who has been quoted or paraphrased in the record, or
(o) be injurious to the conduct of existing or anticipated legal proceedings.
29(2)The head of a public body shall refuse to disclose information to an applicant if the information is in a law enforcement record and the disclosure is prohibited under an Act of the Parliament of Canada.
29(3)Subsection (1) does not apply to
(a) a report, including statistical analysis, on the degree of success achieved by a law enforcement program, unless disclosure of the report could reasonably be expected to cause any harm or interference referred to in subsection (1), and
(b) a record that provides a general outline of the structure or programs of a law enforcement agency.
Disclosure harmful to law enforcement or legal proceedings
29(1)The head of a public body may refuse to disclose information to an applicant if disclosure could reasonably be expected to
(a) harm a law enforcement matter,
(b) prejudice the defence of Canada or of a foreign state allied to or associated with Canada or harm the detection, prevention or suppression of espionage, sabotage or terrorism,
(c) harm the effectiveness of investigative techniques and procedures currently used, or likely to be used, in law enforcement,
(d) interfere with the gathering of, or reveal criminal intelligence that has a reasonable connection with, the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities,
(e) endanger the life or safety of a law enforcement officer or any other person,
(f) deprive a person of the right to a fair trial or impartial adjudication,
(g) disclose a record that has been confiscated from a person by a peace officer in accordance with an Act of the Legislature or an Act of the Parliament of Canada,
(h) disclose a record relating to a prosecution or an inquest under the Coroners Act if all proceedings concerning the prosecution or inquest have not been completed,
(i) facilitate the escape from custody of an individual who is lawfully detained,
(j) facilitate the commission of an unlawful act or interfere with the control of crime,
(k) disclose technical information relating to weapons or potential weapons,
(l) interfere with the proper custody or supervision of an individual who is lawfully detained,
(m) reveal information in a correctional record supplied, explicitly or implicitly, in confidence,
(n) expose to civil liability the author of a law enforcement record or a person who has been quoted or paraphrased in the record, or
(o) be injurious to the conduct of existing or anticipated legal proceedings.
29(2)The head of a public body shall refuse to disclose information to an applicant if the information is in a law enforcement record and the disclosure is prohibited under an Act of the Parliament of Canada.
29(3)Subsection (1) does not apply to
(a) a report, including statistical analysis, on the degree of success achieved by a law enforcement program, unless disclosure of the report could reasonably be expected to cause any harm or interference referred to in subsection (1), and
(b) a record that provides a general outline of the structure or programs of a law enforcement agency.