1The following definitions apply in this Act.
“applicant” means a person who makes a request for access to a record under section 8.(auteur de la demande)
“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act.(jour ouvrable)
“Commissioner” Repealed: 2019, c.19, s.6
“common or integrated service, program or activity” means a service, program or activity that is provided by
(service, programme ou activité commun ou intégré)
(a)
a public body and one or more other public bodies or one or more non-public bodies, or
(b)
a public body on behalf of one or more public bodies.
“data matching” means the creation of identifying information by combining identifying information or de-identified information or other information from two or more electronic databases or two or more electronic records.(appariement de données)
“educational body” means
(organisme d’éducation)
(a)
a school as defined under the
Education Act and a school district established under the
Education Act,
(b)
a District Education Council established under the
Education Act,
(c)
The University of New Brunswick,
(d)
Université de Moncton,
(e)
St. Thomas University,
(f)
Mount Allison University,
(f.1)
Collège communautaire du Nouveau-Brunswick (CCNB),
(f.2)
New Brunswick Community College (NBCC),
(g)
New Brunswick College of Craft and Design,
(h)
any faculties, schools or institutes of a body referred to in paragraphs (
c) to (
g), and
(i)
any other body designated in Schedule A as an educational body.
“employee” , in relation to a public body, includes an individual retained under a contract to perform services for the public body.(employé)
“government body” means
(organisme gouvernemental)
(a)
any board, Crown corporation, commission, association, agency or similar body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors or governing board of which, are appointed by an Act of the Legislature or by the Lieutenant-Governor in Council, and
(b)
any other body that is designated in Schedule A as a government body.
“head” , in relation to a public body, means
(responsable d’un organisme public)
(a)
in the case of a department, secretariat or office of the Province of New Brunswick specified in Part I of the First Schedule of the
Public Service Labour Relations Act, the Minister of the Crown who presides over it,
(b)
in the case of a school district, the superintendent,
(c)
in the case of a regional health authority or other body listed in Part III of the First Schedule of the
Public Service Labour Relations Act, the chief executive officer,
(d)
subject to paragraph (
d.1), in the case of a body listed in Part IV of the First Schedule of the
Public Service Labour Relations Act, the chief executive officer,
(d.1)
in the case of the New Brunswick Energy Marketing Corporation, the chair of its board of directors,
(e)
in the case of a government body, except for a body referred to in paragraph (
d) or (
d.1), the person designated in Schedule A to act as the head or, where no person is designated, the Minister of the Crown or body responsible for the administration of the Act under which the government body is established,
(f)
in the case of a university, the person or group of persons designated by by-law or resolution to serve as the head,
(g)
in the case of the New Brunswick College of Craft and Design, the Minister of Post-Secondary Education, Training and Labour,
(h)
in the case of a municipality, rural community or regional municipality, the person or group of persons designated by by-law or resolution to serve as the head,
(i)
in the case of a rural district, the Minister of Local Government,
(j)
in the case of a police force, the chief of police,
(k)
in the case of other local government bodies, that person or group of persons chosen by and from among the members elected or appointed to the board and designated in writing, and
(l)
in any other case, the person or group of persons designated in Schedule A to act as the head of the public body.
“health care body” means
(organisme de soins de santé)
(a)
a regional health authority and any other body listed in Part III of the First Schedule of the
Public Service Labour Relations Act, and
(b)
any other body designated in Schedule A as a health care body.
“integrated service, program or activity” Repealed: 2017, c.31, s.1
“law enforcement” means
(exécution de la loi)
(a)
policing, including criminal and security intelligence operations,
(b)
a police, security intelligence or administrative investigation, including the complaint giving rise to the investigation, that leads or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the investigation or by another body to which the results of the investigation are referred, and
(c)
proceedings that lead or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the proceedings or by another body to which the results of the proceedings are referred.
“local government body” means
(organisme d’administration locale)
(a)
a municipality or any office of a municipality, including a municipal police force,
(c.01)
a regional municipality,
(c.1)
a regional service commission established under the
Regional Service Delivery Act,
(d)
a local board as defined in subsection 87(1) of the
Local Governance Act, and
(e)
any other body designated in Schedule A as a local government body.
“local public body” means
(organisme public local)
(b)
a health care body, and
(c)
a local government body.
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“non-public body” means a person that is not a public body.(organisme non public)
“Office of the Attorney General” means the part of the Department of Justice and Public Safety that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch.(Cabinet du procureur général)
“Office of the Attorney General” Repealed: 2013, c.42, s.17
“officer of the Legislative Assembly” means the Speaker of the Legislative Assembly, the Clerk of the Legislative Assembly, the Chief Electoral Officer, the Ombud, the Child, Youth and Senior Advocate, the Consumer Advocate for Insurance, the Integrity Commissioner, the Commissioner of Official Languages for New Brunswick and the Auditor General.(fonctionnaire de l’Assemblée législative)
“Ombud” means the Ombud appointed under section 2 of the Ombud Act.(ombud)
“public body” (organisme public)
(i)
a department, secretariat or office of the Province of New Brunswick, including but not limited to those portions of the public service specified in Part I of the First Schedule of the
Public Service Labour Relations Act,
(ii)
a government body, board, Crown corporation or commission listed under Part IV of the First Schedule of the
Public Service Labour Relations Act,
(iv)
the office of a Minister of the Crown, or
(i)
the office of a member of the Legislative Assembly,
(ii)
the office of an officer of the Legislative Assembly, or
(iii)
The Court of Appeal of New Brunswick, The Court of King’s Bench of New Brunswick, the Provincial Court of New Brunswick or the Small Claims Court of New Brunswick.
“public registry” means a registry of information designated in the regulations that is maintained by a public body and is available to the general public.(registre public )
“record” means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records.(document)
“research data centre” means a research data centre as defined under the Personal Health Information Privacy and Access Act. (centre de données de recherche)
“review committee” means the Privacy Assessment Review Committee established by the Minister under section 77.(comité d’évaluation)
“service, program or activity” Repealed: 2017, c.31, s.1
“third party” means a person other than the applicant or the public body.(tiers)
2010, c.N-4.05, s.62; 2012, c.15, s.46; 2012, c.39, s.134; 2012, c.44, s.19; 2013, c.7, s.167; 2013, c.42, s.17; 2013, c.47, s.7; 2015, c.36, s.1; 2015, c.44, s.108; 2016, c.37, s.169; 2016, c.53, s.27; 2016, c.54, s.16; 2017, c.1, s.9; 2017, c.20, s.166; 2017, c.29, s.2; 2017, c.31, s.1; 2017, c.63, s.53; 2019, c.2, s.129; 2019, c.19, s.6; 2019, c.29, s.143; 2020, c.25, s.100; 2021, c.44, s.54; 2023, c.17, s.246; 2023, c.40, s.30