Acts and Regulations

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

Section 36
Disposition versions

Full text
Decision within 20 business days
2017, c.31, s.34
36(1)Within 20 business days after notice is given under subsection 34(1), the head of the public body shall decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of
(a) fifteen business days after the notice is given, and
(b) the day a response is received from the third party.
36(2)On reaching a decision under subsection (1), the head of the public body shall give written notice of the decision to the applicant and the third party, including reasons for the decision.
36(3)Subsection 11(3) applies with the necessary modifications in relation to the time limit referred to in subsection (1).
36(4)If the head of the public body decides to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant will be given access unless the third party files a complaint with the Ombud or refers the matter to a judge of The Court of King’s Bench of New Brunswick for review under Part 5 within 15 business days after the notice is given.
36(5)If the head of the public body decides not to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant may file a complaint with the Ombud or may refer the matter to a judge of The Court of King’s Bench of New Brunswick for review under Part 5 within 40 business days after the notice is given.
2017, c.31, s.35; 2019, c.19, s.6; 2023, c.17, s.246
Decision within 20 business days
2017, c.31, s.34
36(1)Within 20 business days after notice is given under subsection 34(1), the head of the public body shall decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of
(a) fifteen business days after the notice is given, and
(b) the day a response is received from the third party.
36(2)On reaching a decision under subsection (1), the head of the public body shall give written notice of the decision to the applicant and the third party, including reasons for the decision.
36(3)Subsection 11(3) applies with the necessary modifications in relation to the time limit referred to in subsection (1).
36(4)If the head of the public body decides to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant will be given access unless the third party files a complaint with the Ombud or refers the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 within 15 business days after the notice is given.
36(5)If the head of the public body decides not to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant may file a complaint with the Ombud or may refer the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 within 40 business days after the notice is given.
2017, c.31, s.35; 2019, c.19, s.6
Decision within 20 business days
2017, c.31, s.34
36(1)Within 20 business days after notice is given under subsection 34(1), the head of the public body shall decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of
(a) fifteen business days after the notice is given, and
(b) the day a response is received from the third party.
36(2)On reaching a decision under subsection (1), the head of the public body shall give written notice of the decision to the applicant and the third party, including reasons for the decision.
36(3)Subsection 11(3) applies with the necessary modifications in relation to the time limit referred to in subsection (1).
36(4)If the head of the public body decides to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant will be given access unless the third party files a complaint with the Commissioner or refers the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 within 15 business days after the notice is given.
36(5)If the head of the public body decides not to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant may file a complaint with the Commissioner or may refer the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 within 40 business days after the notice is given.
2017, c.31, s.35
Decision within 30 days
36(1)Within 30 days after notice is given under subsection 34(1), the head of the public body shall decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of
(a) twenty-one days after the notice is given, and
(b) the day a response is received from the third party.
36(2)On reaching a decision under subsection (1), the head of the public body shall give written notice of the decision to the applicant and the third party, including reasons for the decision.
36(3)Subsection 11(3) applies with the necessary modifications in relation to the time limit referred to in subsection (1).
36(4)If the head of the public body decides to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant will be given access unless the third party files a complaint with the Commissioner or refers the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 within 21 days after the notice is given.
36(5)If the head of the public body decides not to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant may file a complaint with the Commissioner or may refer the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 within 60 days after the notice is given.
Decision within 30 days
36(1)Within 30 days after notice is given under subsection 34(1), the head of the public body shall decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of
(a) twenty-one days after the notice is given, and
(b) the day a response is received from the third party.
36(2)On reaching a decision under subsection (1), the head of the public body shall give written notice of the decision to the applicant and the third party, including reasons for the decision.
36(3)Subsection 11(3) applies with the necessary modifications in relation to the time limit referred to in subsection (1).
36(4)If the head of the public body decides to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant will be given access unless the third party files a complaint with the Commissioner or refers the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 within 21 days after the notice is given.
36(5)If the head of the public body decides not to give access to the record or part of the record, the notice under subsection (2) shall state that the applicant may file a complaint with the Commissioner or may refer the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 within 60 days after the notice is given.