Acts and Regulations

2013, c.47 - An Act Respecting the Delivery of Integrated Services, Programs and Activities

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2013, c.47
An Act Respecting the
Delivery of Integrated Services,
Programs and Activities
Assented to December 13, 2013
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Early Childhood Services Act
1Subsection 55(1) of the Early Childhood Services Act, chapter E-0.5 of the Acts of New Brunswick, 2010, is amended by striking out “Despite the Right to Information and Protection of Privacy Act” and substituting “Despite the Right to Information and Protection of Privacy Act, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of an integrated service, program or activity of a public body”.
Education Act
2Section 56.3 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is repealed and the following is substituted:
56.3(1)If section 31.1, 40.1, 40.2 or subsection 50.2(6) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 31.1, 40.1, 40.2 or subsection 50.2(6), as the case may be, prevails.
56.3(2)If section 54 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of an integrated service, program or activity of a public body, section 54 prevails.
Family Income Security Act
3Subsection 13.1(3) of the Family Income Security Act, chapter 154 of the Revised Statutes, 2011, is amended
(a) in paragraph (c) of the English version by striking out “or” at the end of the paragraph;
(b) by adding after paragraph (c) the following:
(c.1) where the release of information is made in the context of an integrated service, program or activity, as defined in the Personal Health Information Privacy and Access Act;
(c.2) where the release of information is made in the context of an integrated service, program or activity, as defined in the Right to Information and Protection of Privacy Act; or
Family Services Act
4Subsection 11(3) of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended by adding after paragraph (b) the following:
(b.1) to an officer or employee of a public body or a custodian who is a health care provider, if the information is necessary for the delivery of an integrated service, program or activity, as defined in the Personal Health Information Privacy and Access Act, and for the performance of the duties, respecting the integrated service, program or activity, of the officer or employee or of the custodian to whom the information is released,
(b.2) to an officer or employee of a public body, if the information is necessary for the delivery of an integrated service, program or activity, as defined in the Right to Information and Protection of Privacy Act, and for the performance of the duties, respecting the integrated service, program or activity, of the officer or employee to whom the information is released,
Mental Health Act
5 Subsection 17(5) of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended by adding after paragraph (b) the following:
(b.1) to an officer or employee of a public body or a custodian who is a health care provider, if the information is necessary for the delivery of an integrated service, program or activity, as defined in the Personal Health Information Privacy and Access Act, and for the performance of the duties, respecting the integrated service, program or activity, of the officer or employee or the custodian to whom the information is disclosed,
Personal Health Information Privacy and Access Act
6(1)Section 1 of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended by adding the following definition in alphabetical order:
“integrated service, program or activity” means an integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité intégré)
6(2)Section 27 of the Act is amended by adding after subsection (2) the following:
27(2.1)Despite paragraph (1)(a), a public body or custodian that is a health care provider may collect personal health information relating to an individual without that individual’s consent if the collection is for the purposes of delivering an integrated service, program or activity.
6(3)Paragraph 29(b) of the English version of the Act is amended by striking out “is collection” and substituting “is collected”.
6(4)Subsection 34(1) of the Act is amended by adding after paragraph (e) the following:
(e.1) if the custodian is a public body, for planning or delivering integrated services, programs or activities;
(e.2) if the custodian is a health care provider, for delivering integrated services, programs or activities;
6(5)Subsection 38(1) of the Act is amended by adding after paragraph (d) the following:
(d.1) if the custodian is a public body, for the purpose of planning or delivering an integrated service, program or activity,
(d.2) if the custodian is a health care provider, for the purpose delivering an integrated service, program or activity,
6(6)Section 56 of the Act is amended
(a) in subsection (1) by adding after paragraph (a) the following:
(a.1) for the creation of an integrated service, program or activity or a modification to an integrated service, program or activity;
(b) by adding after paragraph (1) the following:
56(1.1)Paragraph (1)(a) does not apply to the collection, use or disclosure of personal health information if the collection, use or disclosure is necessary for the delivery of an existing integrated service, program or activity.
Right to Information and Protection of Privacy Act
7(1)Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended by adding the following definitions in alphabetical order:
“integrated service, program or activity” means an authorized service, program or activity that provides support or assistance with respect to the mental, physical or social well-being of individuals through (service, programme ou activité intégré)
(a) a public body and one or more other public bodies working cooperatively, or
(b) one public body working on behalf of one or more other public bodies.
“service, program or activity” , in relation to a public body, includes an integrated service, program or activity. (service, programme ou activité)
7(2)Paragraph 37(1)(b) of the Act is amended by striking out “existing program or activity” and substituting “service, program or activity”.
7(3)Subsection 43(2) of the French version of the Act is amended by striking out “minimals” and substituting “minimaux”.
7(4)Paragraph 45(b) of the Act is repealed and the following is substituted:
(b) is necessary for performing the statutory duties of the public body that uses or discloses the information or necessary for delivering or carrying out an authorized service, program or activity of the public body that uses or discloses the information.
7(5)Subsection 46(1) of the Act is amended by adding after paragraph (c) the following:
(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;