Acts and Regulations

2010-111 - General

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NEW BRUNSWICK
REGULATION 2010-111
under the
Right to Information and Protection of Privacy Act
(O.C. 2010-386)
Filed August 5, 2010
Under section 85 of the Right to Information and Protection of Privacy Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Right to Information and Protection of Privacy Act.
Definition of “Act”
2In this Regulation, “Act” means the Right to Information and Protection of Privacy Act.
Request for access
3A request for access to a record referred to in section 8 of the Act shall be signed by the applicant and include the following information:
(a) the applicant’s name and mailing address; and
(b) the date of the application.
Giving of consent
4If the Act requires the consent of an individual to be given, the consent is to be in writing unless, in the opinion of the head of the public body, it is not reasonably practicable to obtain the written consent of the individual.
Referral to the Court of Queen’s Bench
5(1)A referral to the Court of Queen’s Bench of New Brunswick under section 65 of the Act shall be
(a) in Form 1 for an applicant, and
(b) in Form 4 for a third party.
5(2)The applicant or the third party shall complete Part A of Form 1 or Part A of Form 4, as the case may be, and may deliver it to a judge of The Court of Queen’s Bench of New Brunswick or to a clerk of The Court of Queen’s Bench of New Brunswick.
5(3)When a judge has completed Part B of Form 1 or Part B of Form 4, the applicant or third party shall within 14 days serve a copy of the completed Form 1 or Form 4, as the case may be, on the head of the public body referred to on the form.
5(4)To the extent they are not inconsistent with this Regulation or the Act, the Rules of Court apply to a referral with the necessary modifications.
Complaint to the Commissioner
6(1)A complaint under section 67 of the Act shall be
(a) in Form 2 for an applicant, and
(b) in Form 5 for a third party.
6(2)The applicant or third party shall complete Form 2 or Form 5, as the case may be, and may file it with the Commissioner.
Appeal to the Court of Queen’s Bench
7(1)An appeal under section 75 of the Act shall be
(a) in Form 3 for an applicant, and
(b) in Form 6 for a third party.
7(2)The applicant or third party shall complete Part A of Form 3 or Part A of Form 6, as the case may be, and may deliver it to a judge of The Court of Queen’s Bench of New Brunswick or to a clerk of The Court of Queen’s Bench of New Brunswick.
7(3)When a judge has completed Part B of Form 3 or Part B of Form 6, the applicant or third party shall within 14 days serve a copy of the completed Form 3 or Form 6, as the case may be, on the head of the public body referred to on the form.
7(4)To the extent they are not inconsistent with this Regulation or the Act, the Rules of Court apply to an appeal with the necessary modifications.
Privacy Assessment Review Committee
8(1) The review committee established under section 77 of the Act shall include a minimum of 5 members appointed by the Minister.
8(2)The Minister shall designate a chair of the review committee from among the members of the review committee.
Estimate of fees
9(1)The estimate of the total fees payable referred to in subsection 80(3) of the Act shall include an estimate of
(a) search and preparation fees, and
(b) copying fees.
9(2)Despite subsection (1), a public body shall not be required to provide the estimate of the total fees payable referred to in subsection 80(3) of the Act if the estimate of the fees payable, other than the application fee, is not greater than $50.
9(3)If an estimate of the total fees payable is received by an applicant and the applicant notifies the head of a public body that he or she wishes to proceed with the application, the head may require payment of up to 50% of the estimate of the total fees payable before the head proceeds with the application.
9(4)The balance of any fee owing is payable at the time the information is delivered to the applicant.
9(5)If an applicant has paid an amount exceeding the actual fees required to be paid, the excess amount shall be refunded to the applicant.
Application fee
10An applicant shall pay to the public body a non-refundable application fee of $5.
Search and preparation fees
11(1)An applicant shall pay a search and preparation fee to a public body if the public body estimates that search and preparation related to the applicant’s application will take more than 2 hours.
11(2)The fee payable for search and preparation shall be $15 for each half-hour beyond the first 2 hours of search and preparation related to the applicant’s application.
Copying fees
12An applicant shall pay the following copying fees to the public body:
(a) if the information in relation to the record is stored or recorded in printed form and able to be copied using a photocopier or computer printer, 25 cents for each page copied; and
(b) if the information in relation to the record is not able to be copied using a photocopier or computer printer, the actual cost of providing copies of the record.
Computer programming and data processing fees
13If a public body requires the use of computer programming or incurs data processing costs in responding to a request for access to a record, the applicant shall pay to the public body
(a) ten dollars for each 15 minutes of internal programming or data processing, or
(b) the actual cost of external programming or data processing incurred by the public body.
Mail and courier delivery
14(1)No fee shall be payable by an applicant to a public body for mailing a request for access to a record by regular mail.
14(2)If the applicant requests that a public body respond to a request for access to a record by courier, the public body may charge to the applicant the actual cost of the courier delivery.
Waiver of fees
15The head of a public body may waive all or part of the fees payable under this Regulation if the head is satisfied that
(a) payment would impose an unreasonable financial hardship on the applicant,
(b) the record relates to a matter of public interest concerning public health, public safety or the environment, or
(c) the request for access to a record is made by a member of the Legislative Assembly in carrying out his or her duties and functions.
Information submitted to the Minister by a public body
16(1)The Minister may request from a public body statistical or any other kind of information that, in the opinion of the Minister, is relevant to the proper administration of the Act.
16(2)Information submitted to the Minister by a public body shall be submitted
(a) in a form and manner acceptable to the Minister, and
(b) by the end of June of each year.
Commencement
17This Regulation comes into force on September 1, 2010.