2011-c.183 Labour Market Research Act N.B.

Current to 2024-06-27

Contents
s. 1 — Definitions

The following definitions apply in this Act. 1990, c.L-0.1, s.1; 1992, c.2, s.30; 1998, c.1, s.1; 1998, c.41, s.70; 2000, c.26, s.176; 2006, c.16, s.99; 2007, c.10, s.55; 2017, c.63, s.32; 2019, c.2, s.83

s. 1 — department

“department” means a department as defined in the Financial Administration Act. (ministère)

s. 1 — minister

“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

s. 2 — Request and receipt of information for research purposes

The Minister may conduct research for the purpose of making labour market supply and demand projections and in so doing may request and receive information from persons relating to 1990, c.L-0.1, s.2

s. 2(a) — Request and receipt of information for research purposes

(a) development and expansion plans respecting business and industry,

s. 2(b) — Request and receipt of information for research purposes

(b) data respecting the current and projected demographics of human resources including educational, occupational and skill levels,

s. 2(c) — Request and receipt of information for research purposes

(c) data respecting the demographics of labour union members,

s. 2(d) — Request and receipt of information for research purposes

(d) sources and methods of recruitment of human resources, and

s. 2(e) — Request and receipt of information for research purposes

(e) any other matters the Minister considers useful in making labour market supply and demand projections.

s. 3 — Disclosure of information

1990, c.L-0.1, s.3; 1998, c.1, s.2

s. 3(1) — Disclosure of information

The information received under section 2 is confidential and shall not be disclosed except as provided in subsection (2).

s. 3(2) — Disclosure of information

The Minister may disclose the information provided under section 2 to

s. 3(2)(a) — Disclosure of information

(a) a person employed in another department, a person employed by the Department of Human Resources and Skills Development (Canada) or a person employed by Statistics Canada if the Minister considers the disclosure will facilitate the meeting of labour market demands,

s. 3(2)(b) — Disclosure of information

(b) a person employed by any other agency if

s. 3(2)(b)(i) — Disclosure of information

(i) the information will be used only for research purposes,

s. 3(2)(b)(ii) — Disclosure of information

(ii) the Minister considers the disclosure will facilitate the meeting of labour market demands, and

s. 3(2)(b)(iii) — Disclosure of information

(iii) in order to protect the confidentiality and maintain the privacy of the source of the information or of any other person, any portion of the information that either identifies or might identify the source of the information or any other person has been removed, or

s. 3(2)(c) — Disclosure of information

(c) any other person if the disclosure is in aggregate form.

s. 4 — Offence and penalty

1990, c.L-0.1, s.4; 2008, c.11, s.16

s. 4(1) — Offence and penalty

Subject to section 3, no person employed by a department of the Government of the Province who, in the course of that person’s duties, acquires information or has access to information provided by any person to the Minister under section 2 shall disclose or permit to be disclosed the information to any other person who is not entitled in the course of that person’s duties to acquire or have access to the information.

s. 4(2) — Offence and penalty

A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

s. 4(3) — Offence and penalty

A person who violates subsection (1) is liable to suspension or dismissal from office or employment.

s. 4.1

2013, c.34, s.17If section 2, 3 or 4 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 the agreements entered into under section 47.1 of that Act, section 2, 3 or 4, as the case may be, prevails. 2013, c.34, s.17; 2019, c.18, s.6

s. 5 — Administration

The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf. 1990, c.L-0.1, s.5