Acts and Regulations

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

Section 67
Disposition versions

Full text
Complaint filed with the Ombud
2019, c.19, s.6
67(1) The following persons may file, according to the regulations, a complaint with the Ombud:
(a) an applicant,
(i) if the applicant requested access to a record under Part 2 and is not satisfied with a decision, an act or an omission of a head of a public body in relation to the request,
(ii) if the applicant is not satisfied with the decision of a head of a public body to extend a time limit under subsection 11(3),
(iii) if the applicant is not satisfied with the decision of a head of a public body to consider a request to be abandoned under subsection 12(1),
(iv) if the applicant is not satisfied with the decision of a head of a public body to refuse a request to correct an error or omission in the applicant’s personal information, or
(b) a third party, if the third party is given notice under section 36 of a decision of a head of a public body to give access to a record and the third party is not satisfied with the decision.
67(2)Subject to section 75, if a person has filed a complaint with the Ombud under subsection (1), the person may not refer the matter under subsection 65(1) to a judge of The Court of King’s Bench of New Brunswick for review.
67(3)A complaint to the Ombud under subsection (1) shall be in writing and filed
(a) in the case of an applicant, within 40 business days after
(i) the date the applicant was notified of the decision of the head of the public body, or
(ii) the date the applicant became aware of the act or the omission of the head of the public body, and
(b) in the case of a third party, within 15 business days after the date the notice referred to in section 36 is given.
67(4)The Ombud may extend the period of time referred to in subsection (3).
67(5)If the head of a public body fails to respond in time to a request for access to a record, the failure is to be treated as a decision to refuse access, in which case the complaint shall be filed with the Ombud within 40 business days after the expiry of the time for responding to the request.
67(6)As soon as the circumstances permit after receiving a complaint, the Ombud shall
(a) in the case of a complaint by an applicant, notify the head of the public body and provide the head with a copy of the complaint, or
(b) in the case of a third party, notify the head of the public body and provide the head, as well as the applicant, with a copy of the complaint.
2017, c.31, s.53; 2019, c.19, s.6; 2023, c.17, s.246
Complaint filed with the Ombud
2019, c.19, s.6
67(1) The following persons may file, according to the regulations, a complaint with the Ombud:
(a) an applicant,
(i) if the applicant requested access to a record under Part 2 and is not satisfied with a decision, an act or an omission of a head of a public body in relation to the request,
(ii) if the applicant is not satisfied with the decision of a head of a public body to extend a time limit under subsection 11(3),
(iii) if the applicant is not satisfied with the decision of a head of a public body to consider a request to be abandoned under subsection 12(1),
(iv) if the applicant is not satisfied with the decision of a head of a public body to refuse a request to correct an error or omission in the applicant’s personal information, or
(b) a third party, if the third party is given notice under section 36 of a decision of a head of a public body to give access to a record and the third party is not satisfied with the decision.
67(2)Subject to section 75, if a person has filed a complaint with the Ombud under subsection (1), the person may not refer the matter under subsection 65(1) to a judge of The Court of Queen’s Bench of New Brunswick for review.
67(3)A complaint to the Ombud under subsection (1) shall be in writing and filed
(a) in the case of an applicant, within 40 business days after
(i) the date the applicant was notified of the decision of the head of the public body, or
(ii) the date the applicant became aware of the act or the omission of the head of the public body, and
(b) in the case of a third party, within 15 business days after the date the notice referred to in section 36 is given.
67(4)The Ombud may extend the period of time referred to in subsection (3).
67(5)If the head of a public body fails to respond in time to a request for access to a record, the failure is to be treated as a decision to refuse access, in which case the complaint shall be filed with the Ombud within 40 business days after the expiry of the time for responding to the request.
67(6)As soon as the circumstances permit after receiving a complaint, the Ombud shall
(a) in the case of a complaint by an applicant, notify the head of the public body and provide the head with a copy of the complaint, or
(b) in the case of a third party, notify the head of the public body and provide the head, as well as the applicant, with a copy of the complaint.
2017, c.31, s.53; 2019, c.19, s.6
Complaint filed with the Commissioner
67(1) The following persons may file, according to the regulations, a complaint with the Commissioner:
(a) an applicant,
(i) if the applicant requested access to a record under Part 2 and is not satisfied with a decision, an act or an omission of a head of a public body in relation to the request,
(ii) if the applicant is not satisfied with the decision of a head of a public body to extend a time limit under subsection 11(3),
(iii) if the applicant is not satisfied with the decision of a head of a public body to consider a request to be abandoned under subsection 12(1),
(iv) if the applicant is not satisfied with the decision of a head of a public body to refuse a request to correct an error or omission in the applicant’s personal information, or
(b) a third party, if the third party is given notice under section 36 of a decision of a head of a public body to give access to a record and the third party is not satisfied with the decision.
67(2)Subject to section 75, if a person has filed a complaint with the Commissioner under subsection (1), the person may not refer the matter under subsection 65(1) to a judge of The Court of Queen’s Bench of New Brunswick for review.
67(3)A complaint to the Commissioner under subsection (1) shall be in writing and filed
(a) in the case of an applicant, within 40 business days after
(i) the date the applicant was notified of the decision of the head of the public body, or
(ii) the date the applicant became aware of the act or the omission of the head of the public body, and
(b) in the case of a third party, within 15 business days after the date the notice referred to in section 36 is given.
67(4)The Commissioner may extend the period of time referred to in subsection (3).
67(5)If the head of a public body fails to respond in time to a request for access to a record, the failure is to be treated as a decision to refuse access, in which case the complaint shall be filed with the Commissioner within 40 business days after the expiry of the time for responding to the request.
67(6)As soon as the circumstances permit after receiving a complaint, the Commissioner shall
(a) in the case of a complaint by an applicant, notify the head of the public body and provide the head with a copy of the complaint, or
(b) in the case of a third party, notify the head of the public body and provide the head, as well as the applicant, with a copy of the complaint.
2017, c.31, s.53
Complaint filed with the Commissioner
67(1) The following persons may file, according to the regulations, a complaint with the Commissioner:
(a) an applicant,
(i) if the applicant requested access to a record under Part 2 and is not satisfied with a decision, an act or an omission of a head of a public body in relation to the request,
(ii) if the applicant is not satisfied with a decision of a head of a public body under subsection 11(3), or
(iii) if the applicant is not satisfied with the decision of the head of a public body under subsection 12(1), or
(b) a third party, if the third party is given notice under section 36 of a decision of a head of a public body to give access to a record and the third party is not satisfied with the decision.
67(2)Subject to section 75, if a person has filed a complaint with the Commissioner under subsection (1), the person may not refer the matter under subsection 65(1) to a judge of The Court of Queen’s Bench of New Brunswick for review.
67(3)A complaint to the Commissioner under subsection (1) shall be in writing and filed
(a) in the case of an applicant, within 60 days after the date the applicant was notified of the decision of the head of the public body or the date of the act or the omission of the head of a public body, as the case may be, or
(b) in the case of a third party, within 21 days after the date the notice referred to in section 36 is given.
67(4)The Commissioner may extend the period of time referred to in subsection (3).
67(5)If the head of a public body fails to respond in time to a request for access to a record, the failure is to be treated as a decision to refuse access, in which case the complaint shall be filed with the Commissioner within 120 days following the request for information.
67(6)As soon as practicable after receiving a complaint, the Commissioner shall
(a) in the case of a complaint by an applicant, notify the head of the public body and provide the head with a copy of the complaint, or
(b) in the case of a third party, notify the head of the public body and provide the head, as well as the applicant, with a copy of the complaint.
Complaint filed with the Commissioner
67(1) The following persons may file, according to the regulations, a complaint with the Commissioner:
(a) an applicant,
(i) if the applicant requested access to a record under Part 2 and is not satisfied with a decision, an act or an omission of a head of a public body in relation to the request,
(ii) if the applicant is not satisfied with a decision of a head of a public body under subsection 11(3), or
(iii) if the applicant is not satisfied with the decision of the head of a public body under subsection 12(1), or
(b) a third party, if the third party is given notice under section 36 of a decision of a head of a public body to give access to a record and the third party is not satisfied with the decision.
67(2)Subject to section 75, if a person has filed a complaint with the Commissioner under subsection (1), the person may not refer the matter under subsection 65(1) to a judge of The Court of Queen’s Bench of New Brunswick for review.
67(3)A complaint to the Commissioner under subsection (1) shall be in writing and filed
(a) in the case of an applicant, within 60 days after the date the applicant was notified of the decision of the head of the public body or the date of the act or the omission of the head of a public body, as the case may be, or
(b) in the case of a third party, within 21 days after the date the notice referred to in section 36 is given.
67(4)The Commissioner may extend the period of time referred to in subsection (3).
67(5)If the head of a public body fails to respond in time to a request for access to a record, the failure is to be treated as a decision to refuse access, in which case the complaint shall be filed with the Commissioner within 120 days following the request for information.
67(6)As soon as practicable after receiving a complaint, the Commissioner shall
(a) in the case of a complaint by an applicant, notify the head of the public body and provide the head with a copy of the complaint, or
(b) in the case of a third party, notify the head of the public body and provide the head, as well as the applicant, with a copy of the complaint.