Acts and Regulations

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

Section 65
Disposition versions

Full text
Referral to Court of King’s Bench
2023, c.17, s.246
65(1)The following persons may refer, according to the regulations, a matter to a judge of The Court of King’s Bench of New Brunswick for review:
(a) an applicant who requested access to a record under Part 2, in relation to a decision, an act or an omission of a head of a public body in respect of the request, or
(b) a third party who 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.
65(2)If a person refers the matter to a judge of The Court of King’s Bench of New Brunswick under subsection (1), the person may not file a complaint with the Ombud under section 67 and the Ombud may not act in the matter.
65(3)A matter referred to a judge of The Court of King’s Bench of New Brunswick under subsection (1) shall be 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.
2017, c.31, s.51; 2019, c.19, s.6; 2023, c.17, s.246
Referral to Court of Queen’s Bench
65(1)The following persons may refer, according to the regulations, a matter to a judge of The Court of Queen’s Bench of New Brunswick for review:
(a) an applicant who requested access to a record under Part 2, in relation to a decision, an act or an omission of a head of a public body in respect of the request, or
(b) a third party who 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.
65(2)If a person refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1), the person may not file a complaint with the Ombud under section 67 and the Ombud may not act in the matter.
65(3)A matter referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1) shall be 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.
2017, c.31, s.51; 2019, c.19, s.6
Referral to Court of Queen’s Bench
65(1)The following persons may refer, according to the regulations, a matter to a judge of The Court of Queen’s Bench of New Brunswick for review:
(a) an applicant who requested access to a record under Part 2, in relation to a decision, an act or an omission of a head of a public body in respect of the request, or
(b) a third party who 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.
65(2)If a person refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1), the person may not file a complaint with the Commissioner under section 67 and the Commissioner may not act in the matter.
65(3)A matter referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1) shall be 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.
2017, c.31, s.51
Referral to Court of Queen’s Bench
65(1)The following persons may refer, according to the regulations, a matter to a judge of The Court of Queen’s Bench of New Brunswick for review:
(a) an applicant who requested access to a record under Part 2, in relation to a decision, an act or an omission of a head of a public body in respect of the request, or
(b) a third party who 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.
65(2)If a person refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1), the person may not file a complaint with the Commissioner under section 67 and the Commissioner may not act in the matter.
65(3)A matter referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1) shall be filed
(a) in the case of an applicant, within 30 days after the date the decision of the head of the public body was made, and
(b) in the case of a third party, within 21 days after the date the notice referred to in section 36 is given.
Referral to Court of Queen’s Bench
65(1)The following persons may refer, according to the regulations, a matter to a judge of The Court of Queen’s Bench of New Brunswick for review:
(a) an applicant who requested access to a record under Part 2, in relation to a decision, an act or an omission of a head of a public body in respect of the request, or
(b) a third party who 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.
65(2)If a person refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1), the person may not file a complaint with the Commissioner under section 67 and the Commissioner may not act in the matter.
65(3)A matter referred to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1) shall be filed
(a) in the case of an applicant, within 30 days after the date the decision of the head of the public body was made, and
(b) in the case of a third party, within 21 days after the date the notice referred to in section 36 is given.