Acts and Regulations

2011, c.213 - Public Records Act

Full text
Current to 16 June 2023
2011, c.213
Public Records Act
Deposited May 13, 2011
Public records vest in Crown
1The books, papers and records kept by or in the custody of an officer of the Province or a local government in the carrying out of his or her duty as that officer are vested in the Crown.
R.S.1973, c.P-24, s.1; 2005, c.7, s.68; 2017, c.20, s.149; 2023, c.17, s.222
Action respecting wrongful withholding of public records
2If a person wrongfully takes or withholds possession of a document, book, paper or record, that person may be proceeded against for its recovery.
R.S.1973, c.P-24, s.2
Order respecting wrongful withholding of public records
3On a summary application of the Attorney General, supported by affidavit, a judge of The Court of King’s Bench of New Brunswick may make an order requiring the person wrongfully withholding those books, papers or records to deliver them to the proper custodian, or to the person named in the order.
R.S.1973, c.P-24, s.3; 1979, c.41, s.101; 1981, c.6, s.1; 2023, c.17, s.222
Discretion of judge
4It shall be in the discretion of the judge to grant an order in the first instance or a summons to show cause, and costs shall be in the discretion of the judge.
R.S.1973, c.P-24, s.4
5(1)An appeal lies to the Court of Appeal from an order made by a judge under this Act or from the refusal of a judge to make an order.
5(2)In case of an appeal by a person against whom an order is made, proceedings on the order shall be stayed on the applicant filing with the Registrar of the Court of Appeal a bond to the Crown, or other security for costs, in the sum that a judge directs.
R.S.1973, c.P-24, s.5; 1979, c.41, s.101; 1980, c.32, s.29; 2023, c.17, s.222
Old public records vest in Crown
6(1)All the papers, documents and record books of the Courts of Sessions, of the Inferior Courts of Common Pleas, all municipal records before the establishment of the present system of municipal councils, and other public documents or records that the Lieutenant-Governor in Council, after the enactment of this Act, may declare to be of historical interest and worthy of preservation are by this Act vested in the Crown in right of the Province.
6(2)The Lieutenant-Governor in Council is empowered to take possession of the papers, documents and records referred to in subsection (1) and to take proper measures for their permanent preservation and for placing them where they will be available for investigation and to students of history.
R.S.1973, c.P-24, s.6; 2023, c.17, s.222
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.