Acts and Regulations

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

Section 46
Disposition versions

Full text
Disclosure of personal information
46(1)A public body may disclose personal information only
(a) if the individual the information is about has consented to the disclosure,
(a.1) for the purpose for which the information was collected or compiled under subsection 37(1) or (2) or for a use consistent with that purpose,
(b) for the purpose of complying with an Act of the Legislature or an Act of the Parliament of Canada or with a treaty, arrangement or agreement entered into between governments under an Act of the Legislature or an Act of the Parliament of Canada,
(b.1) subject to subsection (1.1), to the Minister of Health or a research data centre for the purpose of research conducted by the research data centre or by a researcher authorized by the research data centre,
(c) in accordance with an Act of the Legislature or an Act of the Parliament of Canada that authorizes or requires the disclosure,
(c.1) if the disclosure is necessary for the provision of a common or integrated service, program or activity, to
(i) an officer or employee of another public body,
(ii) an officer or employee of a non-public body, or
(iii) a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act,
(c.2) if the disclosure is necessary for the performance of the duties of the following persons respecting the common or integrated service, program or activity, to
(i) an officer or employee of another public body,
(ii) an officer or employee of a non-public body, or
(iii) a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act,
(d) for law enforcement purposes,
(e) if the public body is a law enforcement agency and the information is disclosed to
(i) another law enforcement agency in Canada, or
(ii) a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,
(f) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional facility,
(g) if disclosure is necessary for the security of a correctional facility,
(h) for the purpose of obtaining or enforcing a support order under the Support Enforcement Act,
(i) if necessary to protect the mental or physical health or the safety of any individual or group of individuals,
(j) for the purpose of
(i) contacting a relative or friend of an individual who is injured, incapacitated or ill,
(ii) assisting in identifying a deceased individual, or
(iii) informing the representative or a relative of a deceased individual, or any other person it is reasonable to inform in the circumstances, of the individual’s death,
(k) to a relative of a deceased individual if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased’s privacy,
(l) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information,
(m) for use in providing legal advice or legal services to the Province of New Brunswick or the public body,
(n) for use in existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,
(o) for the purpose of enforcing a legal right that the Province of New Brunswick or the public body has against any person,
(p) for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit,
(q) for the purpose of
(i) determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Province of New Brunswick, to the federal government or to the public body, or to an assignee of any of them, or
(ii) making a payment,
(r) for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,
(r.1) for the purpose of managing or administering a pension or other benefit program for personnel or former personnel of the Province of New Brunswick or the public body,
(s) by transfer to the Provincial Archives or to the archives of the public body for records management or archival purposes,
(t) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services,
(u) to the Auditor General for audit purposes,
(v) to an auditor for the purpose of an audit if the audit is required or authorized by an Act of the Legislature, or
(w) to an expert for the purposes of paragraph 28(1)(b).
(x) Repealed: 2017, c.31, s.48
46(1.1)A public body that intends to disclose personal information to a research data centre may disclose the personal information only if the research data centre has entered into the agreements referred to in section 47.1.
46(2)Repealed: 2017, c.31, s.48
2013, c.47, s.7; 2016, c.28, s.84.1; 2017, c.29, s.2; 2017, c.31, s.48; 2020, c.24, s.20
Disclosure of personal information
46(1)A public body may disclose personal information only
(a) if the individual the information is about has consented to the disclosure,
(a.1) for the purpose for which the information was collected or compiled under subsection 37(1) or (2) or for a use consistent with that purpose,
(b) for the purpose of complying with an Act of the Legislature or an Act of the Parliament of Canada or with a treaty, arrangement or agreement entered into between governments under an Act of the Legislature or an Act of the Parliament of Canada,
(b.1) subject to subsection (1.1), to the Minister of Health or a research data centre for the purpose of research conducted by the research data centre or by a researcher authorized by the research data centre,
(c) in accordance with an Act of the Legislature or an Act of the Parliament of Canada that authorizes or requires the disclosure,
(c.1) if the disclosure is necessary for the provision of a common or integrated service, program or activity, to
(i) an officer or employee of another public body,
(ii) an officer or employee of a non-public body, or
(iii) a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act,
(c.2) if the disclosure is necessary for the performance of the duties of the following persons respecting the common or integrated service, program or activity, to
(i) an officer or employee of another public body,
(ii) an officer or employee of a non-public body, or
(iii) a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act,
(d) for law enforcement purposes,
(e) if the public body is a law enforcement agency and the information is disclosed to
(i) another law enforcement agency in Canada, or
(ii) a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,
(f) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional facility,
(g) if disclosure is necessary for the security of a correctional facility,
(h) for the purpose of obtaining or enforcing a support order under the Support Enforcement Act,
(i) if necessary to protect the mental or physical health or the safety of any individual or group of individuals,
(j) for the purpose of
(i) contacting a relative or friend of an individual who is injured, incapacitated or ill,
(ii) assisting in identifying a deceased individual, or
(iii) informing the representative or a relative of a deceased individual, or any other person it is reasonable to inform in the circumstances, of the individual’s death,
(k) to a relative of a deceased individual if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased’s privacy,
(l) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information,
(m) for use in providing legal advice or legal services to the Province of New Brunswick or the public body,
(n) for use in existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,
(o) for the purpose of enforcing a legal right that the Province of New Brunswick or the public body has against any person,
(p) for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit,
(q) for the purpose of
(i) determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Province of New Brunswick, to the federal government or to the public body, or to an assignee of any of them, or
(ii) making a payment,
(r) for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,
(r.1) for the purpose of managing or administering a pension or other benefit program for personnel or former personnel of the Province of New Brunswick or the public body,
(s) by transfer to the Provincial Archives or to the archives of the public body for records management or archival purposes,
(t) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services,
(u) to the Auditor General for audit purposes,
(v) to an auditor for the purpose of an audit if the audit is required or authorized by an Act of the Legislature, or
(w) to an expert for the purposes of paragraph 28(1)(b).
(x) Repealed: 2017, c.31, s.48
46(1.1)A public body that intends to disclose personal information to a research data centre may disclose the personal information only if the research data centre has entered into the agreements referred to in section 47.1.
46(2)Repealed: 2017, c.31, s.48
2013, c.47, s.7; 2016, c.28, s.84.1; 2017, c.29, s.2; 2017, c.31, s.48
Disclosure of personal information
46(1)A public body may disclose personal information only
(a) if the individual the information is about has consented to the disclosure,
(b) for the purpose of complying with an Act of the Legislature or an Act of the Parliament of Canada or with a treaty, arrangement or agreement entered into between governments under an Act of the Legislature or an Act of the Parliament of Canada,
(b.1) subject to subsection (1.1), to the Minister of Health or a research data centre for the purpose of research conducted by the research data centre or by a researcher authorized by the research data centre,
(c) in accordance with an Act of the Legislature or an Act of the Parliament of Canada that authorizes or requires the disclosure,
(c.1) to an officer or employee of another public body or a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act, if the information is necessary for the delivery of an integrated service, program or activity and for the performance of the duties, respecting the integrated service, program or activity, of the officer or employee or the custodian who is a health care provider to whom the information is disclosed;
(d) for law enforcement purposes,
(e) if the public body is a law enforcement agency and the information is disclosed to
(i) another law enforcement agency in Canada, or
(ii) a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,
(f) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional facility,
(g) if disclosure is necessary for the security of a correctional facility,
(h) for the purpose of obtaining or enforcing a support order under the Support Enforcement Act,
(i) if necessary to protect the mental or physical health or the safety of any individual or group of individuals,
(j) for the purpose of
(i) contacting a relative or friend of an individual who is injured, incapacitated or ill,
(ii) assisting in identifying a deceased individual, or
(iii) informing the representative or a relative of a deceased individual, or any other person it is reasonable to inform in the circumstances, of the individual’s death,
(k) to a relative of a deceased individual if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased’s privacy,
(l) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information,
(m) for use in providing legal advice or legal services to the Province of New Brunswick or the public body,
(n) for use in existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,
(o) for the purpose of enforcing a legal right that the Province of New Brunswick or the public body has against any person,
(p) for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit,
(q) for the purpose of
(i) determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Province of New Brunswick, to the federal government or to the public body, or to an assignee of any of them, or
(ii) making a payment,
(r) for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,
(r.1) for the purpose of managing or administering a pension or other benefit program for personnel or former personnel of the Province of New Brunswick or the public body,
(s) by transfer to the Provincial Archives or to the archives of the public body for records management or archival purposes,
(t) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services,
(u) to the Auditor General for audit purposes,
(v) to an auditor for the purpose of an audit if the audit is required or authorized by an Act of the Legislature,
(w) to an expert for the purposes of paragraph 28(1)(b), or
(x) subject to subsection (2), to a person providing information technology services to or for the public body.
46(1.1)A public body that intends to disclose personal information to a research data centre may disclose the personal information only if the research data centre has entered into the agreements referred to in section 47.1.
46(2)If a public body intends to disclose personal information to a provider of information technology services or to any other provider of services that is not an employee of the public body, the public body shall enter into a written agreement with the provider for the protection of the personal information against risks including unauthorized access, use, disclosure or destruction.
2013, c.47, s.7; 2016, c.28, s.84.1; 2017, c.29, s.2
Disclosure of personal information
46(1)A public body may disclose personal information only
(a) if the individual the information is about has consented to the disclosure,
(b) for the purpose of complying with an Act of the Legislature or an Act of the Parliament of Canada or with a treaty, arrangement or agreement entered into between governments under an Act of the Legislature or an Act of the Parliament of Canada,
(c) in accordance with an Act of the Legislature or an Act of the Parliament of Canada that authorizes or requires the disclosure,
(c.1) to an officer or employee of another public body or a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act, if the information is necessary for the delivery of an integrated service, program or activity and for the performance of the duties, respecting the integrated service, program or activity, of the officer or employee or the custodian who is a health care provider to whom the information is disclosed;
(d) for law enforcement purposes,
(e) if the public body is a law enforcement agency and the information is disclosed to
(i) another law enforcement agency in Canada, or
(ii) a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,
(f) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional facility,
(g) if disclosure is necessary for the security of a correctional facility,
(h) for the purpose of obtaining or enforcing a support order under the Support Enforcement Act,
(i) if necessary to protect the mental or physical health or the safety of any individual or group of individuals,
(j) for the purpose of
(i) contacting a relative or friend of an individual who is injured, incapacitated or ill,
(ii) assisting in identifying a deceased individual, or
(iii) informing the representative or a relative of a deceased individual, or any other person it is reasonable to inform in the circumstances, of the individual’s death,
(k) to a relative of a deceased individual if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased’s privacy,
(l) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information,
(m) for use in providing legal advice or legal services to the Province of New Brunswick or the public body,
(n) for use in existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,
(o) for the purpose of enforcing a legal right that the Province of New Brunswick or the public body has against any person,
(p) for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit,
(q) for the purpose of
(i) determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Province of New Brunswick, to the federal government or to the public body, or to an assignee of any of them, or
(ii) making a payment,
(r) for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,
(r.1) for the purpose of managing or administering a pension or other benefit program for personnel or former personnel of the Province of New Brunswick or the public body,
(s) by transfer to the Provincial Archives or to the archives of the public body for records management or archival purposes,
(t) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services,
(u) to the Auditor General for audit purposes,
(v) to an auditor for the purpose of an audit if the audit is required or authorized by an Act of the Legislature,
(w) to an expert for the purposes of paragraph 28(1)(b), or
(x) subject to subsection (2), to a person providing information technology services to or for the public body.
46(2)If a public body intends to disclose personal information to a provider of information technology services or to any other provider of services that is not an employee of the public body, the public body shall enter into a written agreement with the provider for the protection of the personal information against risks including unauthorized access, use, disclosure or destruction.
2013, c.47, s.7; 2016, c.28, s.84.1
Disclosure of personal information
46(1)A public body may disclose personal information only
(a) if the individual the information is about has consented to the disclosure,
(b) for the purpose of complying with an Act of the Legislature or an Act of the Parliament of Canada or with a treaty, arrangement or agreement entered into between governments under an Act of the Legislature or an Act of the Parliament of Canada,
(c) in accordance with an Act of the Legislature or an Act of the Parliament of Canada that authorizes or requires the disclosure,
(c.1) to an officer or employee of another public body or a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act, if the information is necessary for the delivery of an integrated service, program or activity and for the performance of the duties, respecting the integrated service, program or activity, of the officer or employee or the custodian who is a health care provider to whom the information is disclosed;
(d) for law enforcement purposes,
(e) if the public body is a law enforcement agency and the information is disclosed to
(i) another law enforcement agency in Canada, or
(ii) a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,
(f) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional facility,
(g) if disclosure is necessary for the security of a correctional facility,
(h) for the purpose of obtaining or enforcing a support order under the Support Enforcement Act,
(i) if necessary to protect the mental or physical health or the safety of any individual or group of individuals,
(j) for the purpose of
(i) contacting a relative or friend of an individual who is injured, incapacitated or ill,
(ii) assisting in identifying a deceased individual, or
(iii) informing the representative or a relative of a deceased individual, or any other person it is reasonable to inform in the circumstances, of the individual’s death,
(k) to a relative of a deceased individual if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased’s privacy,
(l) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information,
(m) for use in providing legal advice or legal services to the Province of New Brunswick or the public body,
(n) for use in existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,
(o) for the purpose of enforcing a legal right that the Province of New Brunswick or the public body has against any person,
(p) for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit,
(q) for the purpose of
(i) determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Province of New Brunswick, to the federal government or to the public body, or to an assignee of any of them, or
(ii) making a payment,
(r) for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,
(s) by transfer to the Provincial Archives or to the archives of the public body for records management or archival purposes,
(t) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services,
(u) to the Auditor General for audit purposes,
(v) to an auditor for the purpose of an audit if the audit is required or authorized by an Act of the Legislature,
(w) to an expert for the purposes of paragraph 28(1)(b), or
(x) subject to subsection (2), to a person providing information technology services to or for the public body.
46(2)If a public body intends to disclose personal information to a provider of information technology services or to any other provider of services that is not an employee of the public body, the public body shall enter into a written agreement with the provider for the protection of the personal information against risks including unauthorized access, use, disclosure or destruction.
2013, c.47, s.7
Disclosure of personal information
46(1)A public body may disclose personal information only
(a) if the individual the information is about has consented to the disclosure,
(b) for the purpose of complying with an Act of the Legislature or an Act of the Parliament of Canada or with a treaty, arrangement or agreement entered into between governments under an Act of the Legislature or an Act of the Parliament of Canada,
(c) in accordance with an Act of the Legislature or an Act of the Parliament of Canada that authorizes or requires the disclosure,
(d) for law enforcement purposes,
(e) if the public body is a law enforcement agency and the information is disclosed to
(i) another law enforcement agency in Canada, or
(ii) a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,
(f) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional facility,
(g) if disclosure is necessary for the security of a correctional facility,
(h) for the purpose of obtaining or enforcing a support order under the Support Enforcement Act,
(i) if necessary to protect the mental or physical health or the safety of any individual or group of individuals,
(j) for the purpose of
(i) contacting a relative or friend of an individual who is injured, incapacitated or ill,
(ii) assisting in identifying a deceased individual, or
(iii) informing the representative or a relative of a deceased individual, or any other person it is reasonable to inform in the circumstances, of the individual’s death,
(k) to a relative of a deceased individual if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased’s privacy,
(l) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information,
(m) for use in providing legal advice or legal services to the Province of New Brunswick or the public body,
(n) for use in existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,
(o) for the purpose of enforcing a legal right that the Province of New Brunswick or the public body has against any person,
(p) for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit,
(q) for the purpose of
(i) determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Province of New Brunswick, to the federal government or to the public body, or to an assignee of any of them, or
(ii) making a payment,
(r) for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,
(s) by transfer to the Provincial Archives or to the archives of the public body for records management or archival purposes,
(t) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services,
(u) to the Auditor General for audit purposes,
(v) to an auditor for the purpose of an audit if the audit is required or authorized by an Act of the Legislature,
(w) to an expert for the purposes of paragraph 28(1)(b), or
(x) subject to subsection (2), to a person providing information technology services to or for the public body.
46(2)If a public body intends to disclose personal information to a provider of information technology services or to any other provider of services that is not an employee of the public body, the public body shall enter into a written agreement with the provider for the protection of the personal information against risks including unauthorized access, use, disclosure or destruction.
Disclosure of personal information
46(1)A public body may disclose personal information only
(a) if the individual the information is about has consented to the disclosure,
(b) for the purpose of complying with an Act of the Legislature or an Act of the Parliament of Canada or with a treaty, arrangement or agreement entered into between governments under an Act of the Legislature or an Act of the Parliament of Canada,
(c) in accordance with an Act of the Legislature or an Act of the Parliament of Canada that authorizes or requires the disclosure,
(d) for law enforcement purposes,
(e) if the public body is a law enforcement agency and the information is disclosed to
(i) another law enforcement agency in Canada, or
(ii) a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,
(f) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional facility,
(g) if disclosure is necessary for the security of a correctional facility,
(h) for the purpose of obtaining or enforcing a support order under the Support Enforcement Act,
(i) if necessary to protect the mental or physical health or the safety of any individual or group of individuals,
(j) for the purpose of
(i) contacting a relative or friend of an individual who is injured, incapacitated or ill,
(ii) assisting in identifying a deceased individual, or
(iii) informing the representative or a relative of a deceased individual, or any other person it is reasonable to inform in the circumstances, of the individual’s death,
(k) to a relative of a deceased individual if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased’s privacy,
(l) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information,
(m) for use in providing legal advice or legal services to the Province of New Brunswick or the public body,
(n) for use in existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,
(o) for the purpose of enforcing a legal right that the Province of New Brunswick or the public body has against any person,
(p) for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit,
(q) for the purpose of
(i) determining the amount of or collecting a fine, debt, tax or payment owing by an individual to the Province of New Brunswick, to the federal government or to the public body, or to an assignee of any of them, or
(ii) making a payment,
(r) for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,
(s) by transfer to the Provincial Archives or to the archives of the public body for records management or archival purposes,
(t) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services,
(u) to the Auditor General for audit purposes,
(v) to an auditor for the purpose of an audit if the audit is required or authorized by an Act of the Legislature,
(w) to an expert for the purposes of paragraph 28(1)(b), or
(x) subject to subsection (2), to a person providing information technology services to or for the public body.
46(2)If a public body intends to disclose personal information to a provider of information technology services or to any other provider of services that is not an employee of the public body, the public body shall enter into a written agreement with the provider for the protection of the personal information against risks including unauthorized access, use, disclosure or destruction.