Acts and Regulations

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

Section 66
Disposition versions

Full text
Decision of The Court of King’s Bench
2023, c.17, s.246
66(1)If a matter is referred to a judge of The Court of King’s Bench of New Brunswick under subsection 65(1), the judge shall hold a hearing and,
(a) if the person who referred the matter is the applicant
(i) if the head of a public body refused a request for access to a record, in whole or in part, the judge may
(A) order the head of the public body to grant the request in whole or in part, or
(B) confirm the head of a public body’s decision to refuse a request for access to a record, in whole or in part, and
(ii) if the head of a public body failed to reply to a request for access to a record, the judge may order the head of the public body to grant or to refuse the request in whole or in part,
(b) if the person who referred the matter is a third party who was given a notice under section 36, the judge may order the head of the public body to grant access to the record in whole or in part or to refuse access to the record, or
(c) may make any other order that is, in the opinion of the judge, necessary.
66(2)A copy of the decision of the judge of The Court of King’s Bench of New Brunswick shall be sent to the person who referred the matter for review and to the head of the public body.
66(3)No appeal lies from the decision of the judge of The Court of King’s Bench of New Brunswick under subsection (1).
2017, c.31, s.52; 2023, c.17, s.246
Decision of The Court of Queen’s Bench
66(1)If a matter is referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection 65(1), the judge shall hold a hearing and,
(a) if the person who referred the matter is the applicant
(i) if the head of a public body refused a request for access to a record, in whole or in part, the judge may
(A) order the head of the public body to grant the request in whole or in part, or
(B) confirm the head of a public body’s decision to refuse a request for access to a record, in whole or in part, and
(ii) if the head of a public body failed to reply to a request for access to a record, the judge may order the head of the public body to grant or to refuse the request in whole or in part,
(b) if the person who referred the matter is a third party who was given a notice under section 36, the judge may order the head of the public body to grant access to the record in whole or in part or to refuse access to the record, or
(c) may make any other order that is, in the opinion of the judge, necessary.
66(2)A copy of the decision of the judge of The Court of Queen’s Bench of New Brunswick shall be sent to the person who referred the matter for review and to the head of the public body.
66(3)No appeal lies from the decision of the judge of The Court of Queen’s Bench of New Brunswick under subsection (1).
2017, c.31, s.52
Decision of The Court of Queen’s Bench
66(1)If a matter is referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection 65(1), the judge shall hold a hearing and,
(a) where the matter is referred by an applicant,
(i) if the head of a public body denied a request for information in whole or in part, may order the head of the public body to grant the request in whole or in part, and
(ii) if the head of public body failed to reply to a request for information, may order the head of the public body to reply to the request or deny the request,
(b) where the matter is referred by a third party who is given notice under section 36, may order the head of the public body to disclose in whole or in part the record or to refuse the request, or
(c) may make any other order that is, in the opinion of the judge, necessary.
66(2)A copy of the decision of the judge of The Court of Queen’s Bench of New Brunswick shall be sent to the person who referred the matter for review and to the head of the public body.
66(3)No appeal lies from the decision of the judge of The Court of Queen’s Bench of New Brunswick under subsection (1).
Decision of The Court of Queen’s Bench
66(1)If a matter is referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection 65(1), the judge shall hold a hearing and,
(a) where the matter is referred by an applicant,
(i) if the head of a public body denied a request for information in whole or in part, may order the head of the public body to grant the request in whole or in part, and
(ii) if the head of public body failed to reply to a request for information, may order the head of the public body to reply to the request or deny the request,
(b) where the matter is referred by a third party who is given notice under section 36, may order the head of the public body to disclose in whole or in part the record or to refuse the request, or
(c) may make any other order that is, in the opinion of the judge, necessary.
66(2)A copy of the decision of the judge of The Court of Queen’s Bench of New Brunswick shall be sent to the person who referred the matter for review and to the head of the public body.
66(3)No appeal lies from the decision of the judge of The Court of Queen’s Bench of New Brunswick under subsection (1).