R-10.6 Right to Information and Protection of Privacy Act N.B.

(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.

(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.

(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.

(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.

(a) requirements regarding the collection, use, disclosure, retention, correction or disposal of personal information, including any requirements prescribed by regulation, and

(b) the administrative, technical and physical safeguards and practices that the public body maintains with respect to the information, including any requirements prescribed by regulation.

(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.

(a) a municipality or any office of a municipality, including a municipal police force,

(b) a rural district,

(c) a rural community,

(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.

(a) an educational body,

(b) a health care body, and

(c) a local government body.

(a) the individual’s name,

(b) the individual’s home address or electronic mail address or home telephone or facsimile number,

(c) information about the individual’s age, gender, sexual orientation, marital status or family status,

(d) information about the individual’s ancestry, race, colour, nationality or national or ethnic origin,

(e) information about the individual’s religion or creed or religious belief, association or activity,

(f) personal health information about the individual,

(g) the individual’s blood type, fingerprints or other hereditary characteristics,

(h) information about the individual’s political belief, association or activity,

(i) information about the individual’s education, employment or occupation or educational, employment or occupational history,

(j) information about the individual’s source of income or financial circumstances, activities or history,

(k) information about the individual’s criminal history, including regulatory offences,

(l) the individual’s own personal views or opinions, except if they are about another person,

(m) the views or opinions expressed about the individual by another person, and

(n) an identifying number, symbol or other particular assigned to the individual.

(a) means

(b) but does not include

(a) to allow any person a right of access to records in the custody or under the control of public bodies, subject to the limited and specific exceptions set out in this Act,

(b) to control the manner in which public bodies may collect personal information from individuals and to protect individuals against unauthorized use or disclosure of personal information by public bodies,

(c) to allow individuals a right of access to records containing personal information about themselves in the custody or under the control of public bodies, subject to the limited and specific exceptions set out in this Act,

(d) to allow individuals a right to request corrections to records containing personal information about themselves in the custody or under the control of public bodies, and

(e) to provide for an independent review of the decisions of public bodies under this Act.

(a) is in addition to and does not replace existing procedures for access to records or information normally available to the public, including any requirement to pay fees,

(b) does not prohibit the transfer, storage or destruction of any record in accordance with any other Act of the Legislature or of the Parliament of Canada or a by-law or resolution of a government body or local public body,

(c) does not limit the information otherwise available by law to a party to legal proceedings,

(d) does not affect the power of a court or tribunal to compel a witness to testify or to compel the production of documents, and

(e) does not affect the power of an officer of the Legislative Assembly to compel a witness to testify or to compel the production of documents.

(a) information in a court record, a record of a judge, a judicial administration record or a record relating to support services provided to a judge or to a court official,

(b) a record pertaining to legal affairs that relate to the performance of the duties and functions of the Office of the Attorney General,

(c) a note made by or for, or a communication or draft decision of, a person who is acting in a judicial or quasi-judicial capacity,

(d) a record of a member of the Legislative Assembly who is not a Minister of the Crown,

(e) a personal or constituency record of a Minister of the Crown,

(f) a record made by or for an officer of the Legislative Assembly,

(g) a record made by or for an elected official of a local public body relating to constituency matters,

(h) teaching materials of an employee of an educational institution or other research information of an employee of an educational institution,

(i) information the release of which is prohibited under the Security of Information Act (Canada),

(j) a record in the care, custody and control of the Provincial Archives, and

(k) a record in the care, custody and control of the archives of a public body placed in the archives by or for a person or agency other than the public body.

(a) an officer or employee of the public body, or

(b) an officer or employee of another public body.

(a) specify the record requested or where the record in which the relevant information may be contained is not known to the applicant, provide enough particularity as to time, place and event to enable a person familiar with the subject matter to identify the relevant record, and

(b) include any information prescribed by regulation.

(a) has a limited ability to read or write in English or in French, or

(b) has a disability or condition that impairs his or her ability to make a written request.

(a) it can be produced using the normal computer hardware and software and technical expertise of the public body, and

(b) producing it would not interfere unreasonably with the operations of the public body.

(a) the time limit for responding is extended under subsection (3) or (4),

(b) the request has been transferred to another public body under section 13, or

(c) an estimate is given to the applicant under section 80.

(a) the applicant does not give enough detail to enable the public body to identify a requested record,

(b) the applicant does not respond to a request for clarification by the head of the public body as soon as the circumstances permit,

(c) a large number of records is requested or must be searched or responding within the time period set out in subsection (1) would interfere unreasonably with the operations of the public body,

(d) time is needed to notify and receive representations from a third party or to consult with another public body before deciding whether or not to grant access to a record,

(e) a third party refers the matter to a judge of The Court of King’s Bench of New Brunswick under subsection 65(1) or files a complaint with the Ombud under paragraph 67(1)(b), or

(f) the applicant requests records that relate to a proceeding commenced by a Notice of Action or a Notice of Application.

(a) the reason for the extension,

(b) when a response can be expected, and

(c) if the head of the public body has extended the time limit under subsection (3), that the person may file a complaint with the Ombud about the extension.

(a) the record was produced by or for the other public body,

(b) the other public body was the first to obtain the record, or

(c) the record is in the custody of or under the control of the other public body.

(a) the head of the public body who transferred the request shall notify the applicant of the transfer in writing as soon as the circumstances permit, and

(b) the head of the public body to which the request is transferred shall respond to the request within 30 business days after receiving it, unless the time limit is extended under subsection 11(3) or notice is given to a third party under section 34.

(a) as to whether access to the record or part of the record is granted or refused,

(b) if access to the record or part of the record is granted, of the manner in which access will be given, and

(c) if access to the record or part of the record is refused,

(a) a record containing information for which disclosure may be refused under sections 28 and 29, and

(b) a record containing personal information about a third party if disclosing the existence of the record would be an unreasonable invasion of the third party’s privacy.

(a) would unreasonably interfere with the operations of the public body because of the repetitious or systematic nature of the request or previous requests,

(b) is incomprehensible, frivolous or vexatious, or

(c) is for information already provided to the applicant.

(a) if the applicant has asked for a copy and the record can reasonably be reproduced, by giving the applicant a copy of the record, or

(b) if the applicant has asked to examine a record or has asked for a copy of a record that cannot reasonably be reproduced, by permitting the applicant to examine the record or a part of the record or by giving him or her access in accordance with the regulations.

(a) an agenda, minute or other record of the deliberations or decisions of the Executive Council,

(b) discussion papers, policy analyses, proposals, memorandums, advice or similar briefing material submitted or prepared for submission to the Executive Council,

(c) a proposal or recommendation prepared for, or reviewed and approved by, a Minister of the Crown for submission to the Executive Council,

(d) a record that reflects communications among Ministers of the Crown relating directly to the making of a government decision or the formulation of government policy, and

(e) a record prepared to brief a Minister of the Crown about a matter that is before, or is proposed to be brought before, the Executive Council or that is the subject of communications referred to in paragraph (d).

(a) the Government of Canada;

(b) the government of a province or territory of Canada;

(c) a local public body;

(d) the government of a foreign country or of a state, province or territory of a foreign country;

(e) an organization representing one or more governments;

(f) an international organization of states.

(a) the Government of Canada;

(b) the government of another province or territory of Canada;

(c) a local public body;

(d) the government of a foreign country or of a state, province or territory of a foreign country;

(e) an organization representing one or more governments; and

(f) an international organization of states.

(a) the Attorney General consents to the disclosure, if the information is law enforcement information, or

(b) the Lieutenant-Governor in Council consents to the disclosure, if the information is not law enforcement information.

(a) the substance of records made by an investigator providing advice or recommendations of the investigator in relation to a harassment investigation or a personnel investigation,

(b) the substance of other records relating to the harassment investigation or the personnel investigation, or

(c) the substance of records made pursuant to a university’s academic or non-academic by-laws or regulations with respect to conduct or discipline of a student.

(a) the personal information is personal health information,

(b) the personal information was compiled and is identifiable as part of an investigation into a possible violation of a law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation,

(c) disclosure could reasonably be expected to reveal the identity of a third party who has provided information in confidence to a public body for the purposes of law enforcement or the administration of an Act of the Legislature or an Act of the Parliament of Canada,

(d) the personal information relates to eligibility for or receipt of income assistance, legal aid benefits, social service benefits or similar benefits, or to the determination of benefit levels,

(e) the personal information relates to the third party’s employment, occupational or educational history,

(f) the personal information was collected on a tax return or for the purpose of determining tax liability or collecting a tax,

(g) the personal information describes the third party’s source of income or financial circumstances, activities or history,

(g.1) the public body is not authorized to disclose the personal information under subsection 46(1),

(h) the personal information consists of personal recommendations or evaluations, character references or personnel evaluations, or

(i) the personal information indicates the third party’s racial or ethnic origin, religious or political beliefs or associations or sexual orientation.

(a) the third party has consented to or requested the disclosure,

(b) there are compelling circumstances affecting the mental or physical health or the safety of the applicant or another person and notice of the disclosure is mailed to the last known address of the third party,

(c) an Act of the Legislature or an Act of the Parliament of Canada expressly authorizes or requires the disclosure,

(c.1) the disclosure is authorized under subsection 46(1),

(c.2) the disclosure is required under subsection 46.1(3),

(d) the disclosure is approved under section 47,

(e) the information is about the third party’s business name, address, telephone number, facsimile number, electronic mail address or title,

(f) the information is about the third party’s job classification, salary range, benefits, employment responsibilities or travel expenses

(g) the disclosure reveals financial or other details of a contract to supply goods or services to or on behalf of a public body,

(h) the disclosure reveals information about a discretionary benefit of a financial nature granted by a public body to the third party, including the granting of a licence or permit, or

(i) the information is about an individual who has been dead for more than 20 years.

(a) require the consent or request to be in writing, and

(b) comply with the requirement to provide access by disclosing the information directly to the third party rather than to the applicant.

(a) a trade secret of a third party,

(b) commercial, financial, labour relations, scientific or technical information supplied to the public body by a third party, explicitly or implicitly, on a confidential basis and treated consistently as confidential information by the third party, or

(c) commercial, financial, labour relations, scientific or technical information the disclosure of which could reasonably be expected to

(a) the third party consents to the disclosure,

(b) the information is publicly available,

(c) an Act of the Legislature or an Act of the Parliament of Canada expressly authorizes or requires the disclosure, or

(d) the information discloses the final results of an environmental test conducted by or for the public body unless the test was done for a fee paid by the third party.

(a) improved competition, or

(b) government regulation of undesirable trade practices.

(a) a draft of a resolution, by-law or other legal instrument by which the local public body acts, or

(b) the substance of deliberations of a meeting of the elected officials of the local public body or of its governing body or a committee of its elected officials or governing body if the public is excluded from the meeting.

(a) the draft referred to in paragraph (1)(a) has been considered in a meeting open to the public,

(b) the substance of the deliberations referred to in paragraph (1)(b) has been considered in a meeting open to the public, or

(c) the information referred to in subsection (1) is in a record that is more than 20 years old.

(a) advice, opinions, proposals or recommendations developed by or for the public body or a Minister of the Crown,

(b) positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the Province of New Brunswick or the public body, or considerations that relate to those negotiations,

(c) plans relating to the management of personnel or the administration of the public body that have not yet been implemented,

(d) the content of draft legislation or regulations and orders of Ministers of the Crown or the Lieutenant-Governor in Council, or

(e) information, including the proposed plans, policies or projects of a public body, the disclosure of which could reasonably be expected to result in disclosure of a pending policy or budgetary decision.

(a) is in a record that is more than 20 years old,

(b) is an instruction or guideline issued to officers or employees of the public body,

(c) is a substantive rule or statement of policy that has been adopted by the public body for the purpose of interpreting an Act of the Legislature or administering a program or activity of the public body,

(d) is the result of an environmental test conducted by or for the public body,

(e) is a statement of the reasons for a decision made in the exercise of a quasi-judicial function or a discretionary power that affects the applicant,

(f) is the result of background research of a scientific or technical nature undertaken in connection with the formulation of a policy proposal,

(g) is a statistical study,

(h) is a record that is part of a quantitative or qualitative research study of public opinion, or

(i) is a final report or final audit on the performance or efficiency of the public body or of any of its programs or policies, except where the information is a report or appraisal of the performance of an individual who is or was an officer or employee of the public body.

(a) information that is subject to solicitor-client privilege,

(b) information prepared by or for an agent or lawyer of the Office of the Attorney General or the public body in relation to a matter involving the provision of legal advice or legal services or in relation to the investigation or prosecution of an offence, or

(c) information in a communication between an agent or lawyer of the Office of the Attorney General or the public body and any other person in relation to a matter involving the provision of legal advice or legal services or in relation to the investigation or prosecution of an offence.

(a) threaten or harm the mental or physical health or the safety of another person,

(b) result, in the opinion of a duly qualified physician, psychologist or other appropriate expert, in serious harm to the applicant’s mental or physical health or safety, or

(c) threaten public safety.

(a) harm a law enforcement matter,

(b) prejudice the defence of Canada or of a foreign state allied to or associated with Canada or harm the detection, prevention or suppression of espionage, sabotage or terrorism,

(c) harm the effectiveness of investigative techniques and procedures currently used, or likely to be used, in law enforcement,

(d) interfere with the gathering of, or reveal criminal intelligence that has a reasonable connection with, the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities,

(e) endanger the life or safety of a law enforcement officer or any other person,

(f) deprive a person of the right to a fair trial or impartial adjudication,

(g) disclose a record that has been confiscated from a person by a peace officer in accordance with an Act of the Legislature or an Act of the Parliament of Canada,

(h) disclose a record relating to a prosecution or an inquest under the Coroners Act if all proceedings concerning the prosecution or inquest have not been completed,

(i) facilitate the escape from custody of an individual who is lawfully detained,

(j) facilitate the commission of an unlawful act or interfere with the control of crime,

(k) disclose technical information relating to weapons or potential weapons,

(l) interfere with the proper custody or supervision of an individual who is lawfully detained,

(m) reveal information in a correctional record supplied, explicitly or implicitly, in confidence,

(n) expose to civil liability the author of a law enforcement record or a person who has been quoted or paraphrased in the record, or

(o) be injurious to the conduct of existing legal proceedings to which the Province of New Brunswick or the public body is a party or anticipated legal proceedings to which the Province of New Brunswick or the public body may become a party.

(a) a report, including statistical analysis, on the degree of success achieved by a law enforcement program, unless disclosure of the report could reasonably be expected to cause any harm or interference referred to in subsection (1), and

(b) a record that provides a general outline of the structure or programs of a law enforcement agency.

(a) a trade secret of a public body or the Province of New Brunswick;

(b) financial, commercial, scientific, technical or other information in which a public body or the Province of New Brunswick has a proprietary interest or right of use;

(c) information the disclosure of which could reasonably be expected to result in a financial loss to a public body or to the Province of New Brunswick or prejudice the competitive position of or interfere with or prejudice contractual or other negotiations of a public body or the Province of New Brunswick;

(d) innovative scientific or technical information obtained through research by an employee of a public body or the Province of New Brunswick; and

(e) information the disclosure of which could reasonably be expected to result in an undue loss or benefit to a person, or premature disclosure of a pending policy decision, including but not limited to

(f) a record originating from a credit union that is in the custody of or under the control, as the case may be, of the Financial and Consumer Services Commission or the New Brunswick Credit Union Deposit Insurance Corporation under the Credit Unions Act.

(a) information relating to testing or auditing procedures or techniques or details of specific tests to be given or audits to be conducted, if disclosure could reasonably be expected to prejudice the use or results of particular tests or audit, and

(b) a question that is to be used on an examination or test.

(a) employment or for the purpose of awarding a contract, or

(b) an honour or award, including an honorary degree, scholarship, prize or bursary.

(a) that is free of charge to the public or is available for purchase by the public, or

(b) that the head reasonably believes will be published within 65 business days after the person’s request is received.

(a) notify the applicant when the information becomes available, and

(b) if the information is not available to the public within 65 business days after the person’s request is received, reconsider the request as if it were a new request received on the fortieth day of the 65-business-day period and shall not be entitled to refuse access to the information under paragraph (2)(b).

(a) state that a request has been made for access to a record that may contain information the disclosure of which might invade the privacy or affect the interests of the third party,

(b) include a copy of the record or part of it containing the information in question or describe the contents of the record, and

(c) state that, within 15 business days after the notice is given, the third party may, in writing, consent to the disclosure or make representations to the head of the public body explaining why the information should not be disclosed.

(a) the record requested by the applicant may contain information the disclosure of which might invade the privacy or affect the interests of a third party,

(b) the third party is being given an opportunity to make representations concerning disclosure, and

(c) a decision respecting disclosure will be made within 20 business days after notice is given under subsection 34(1), unless the time limit for responding is extended under subsection 11(3).

(a) fifteen business days after the notice is given, and

(b) the day a response is received from the third party.

(a) the information relates directly to and is necessary for

(b) the information is collected for law enforcement purposes, or

(c) the information is collected by or for the public body for the purpose for which the information was disclosed to it under a provision of section 46 or 46.1.

(a) another method of collection is authorized by that individual or by an Act of the Legislature or an Act of the Parliament of Canada,

(b) collection of the information directly from the individual could reasonably be expected to cause harm to the individual or to another person,

(c) collection of the information is in the interest of the individual and time or circumstances do not permit collection directly from the individual,

(d) collection of the information directly from the individual could reasonably be expected to result in inaccurate information being collected,

(e) the information may be disclosed to the public body under Division B of this Part,

(f) the information is collected for inclusion in a public registry,

(g) the information is collected for law enforcement purposes,

(h) the information is collected for the purpose of existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,

(i) the information is collected for use in providing legal advice or legal services to the Province of New Brunswick or the public body,

(j) the information concerns

(k) the information is collected for the purpose of enforcing a support order under the Support Enforcement Act,

(l) the information is collected for the purpose of informing the Public Trustee about clients or potential clients,

(m) the information is collected for the purpose of

(n) the information is collected for the purpose of

(o) the information is collected for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,

(p) the information is collected for the purpose of auditing, monitoring or evaluating the activities of the Province of New Brunswick or the public body,

(q) the information is collected for the purpose of determining suitability for an honour or award, including an honourary degree, scholarship, prize or bursary, or

(r) the information is collected for some other substantial reason in the public interest, whether or not it is similar in nature to paragraphs (a) to (q).

(a) the purpose for which the information is collected,

(b) the legal authority for the collection, and

(c) the title, business address and telephone number of an officer or employee of the public body who can answer the individual’s questions about the collection.

(a) make the requested correction and notify the applicant of the correction, or

(b) notify the applicant of the head’s refusal to correct the record and the reason for the refusal, that the request for correction has been added to the record, and that the individual has a right to file a complaint with the Ombud about the refusal under Part 5.

(a) for the purpose for which the information was collected or compiled under subsection 37(1) or (2) or for a use consistent with that purpose,

(a.1) for the purpose for which the information was collected or compiled under section 37.1 or for a use consistent with that purpose,

(b) if the individual the information is about has consented to the use,

(c) for a purpose for which that information may be disclosed by the public body under section 46, 46.1, 47 or 48 or for a use approved under section 47,

(d) for the purpose for which that information was disclosed to the public body under section 46, 46.1, 47 or 48, or

(e) for the purpose of producing de-identified information that does not, either by itself or in combination with other information in the custody or under the control of the public body, permit an individual to be identified.

(a) has a reasonable and direct connection to that purpose, or

(b) is necessary for performing the statutory duties of the public body that uses the information or necessary for providing a service, program or activity of the public body or a common or integrated service, program or activity.

(a) if the individual the information is about has consented to the disclosure,

(a.1) for the purpose for which the information was collected or compiled under subsection 37(1) or (2) or for a use consistent with that purpose,

(b) for the purpose of complying with an Act of the Legislature or an Act of the Parliament of Canada or with a treaty, arrangement or agreement entered into between governments under an Act of the Legislature or an Act of the Parliament of Canada,

(b.1) subject to subsection (1.1), to the Minister of Health or a research data centre for the purpose of research conducted by the research data centre or by a researcher authorized by the research data centre,

(c) in accordance with an Act of the Legislature or an Act of the Parliament of Canada that authorizes or requires the disclosure,

(c.1) if the disclosure is necessary for the provision of a common or integrated service, program or activity, to

(c.2) if the disclosure is necessary for the performance of the duties of the following persons respecting the common or integrated service, program or activity, to

(d) for law enforcement purposes,

(e) if the public body is a law enforcement agency and the information is disclosed to

(f) for the purpose of supervising an individual in the custody of or under the control or supervision of a correctional facility,

(g) if disclosure is necessary for the security of a correctional facility,

(h) for the purpose of obtaining or enforcing a support order under the Support Enforcement Act,

(i) if necessary to protect the mental or physical health or the safety of any individual or group of individuals,

(j) for the purpose of

(k) to a relative of a deceased individual if the head of the public body reasonably believes that disclosure is not an unreasonable invasion of the deceased’s privacy,

(l) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information,

(m) for use in providing legal advice or legal services to the Province of New Brunswick or the public body,

(n) for use in existing or anticipated legal proceedings to which the Province of New Brunswick or the public body is a party,

(o) for the purpose of enforcing a legal right that the Province of New Brunswick or the public body has against any person,

(p) for the purpose of determining or verifying an individual’s suitability or eligibility for a program, service or benefit,

(q) for the purpose of

(r) for the purpose of managing or administering personnel of the Province of New Brunswick or the public body,

(r.1) for the purpose of managing or administering a pension or other benefit program for personnel or former personnel of the Province of New Brunswick or the public body,

(s) by transfer to the Provincial Archives or to the archives of the public body for records management or archival purposes,

(t) to the Government of Canada in order to facilitate the monitoring, evaluation or auditing of shared cost programs or services,

(u) to the Auditor General for audit purposes,

(v) to an auditor for the purpose of an audit if the audit is required or authorized by an Act of the Legislature, or

(w) to an expert for the purposes of paragraph 28(1)(b).

(x) Repealed: 2017, c.31, s.48

(a) a portion of the public service specified in Part 1 of the First Schedule of the Public Service Labour Relations Act, or

(b) a portion of the public service specified in Part 3 of the First Schedule of the Public Service Labour Relations Act.

(a) if disclosure is necessary for the provision of a common or integrated service, program or activity, to

(b) if disclosure is necessary for the performance of the duties of the following persons respecting the common or integrated service, program or activity, to

(a) provide for the protection of the personal information disclosed for the purpose of the common or integrated service, program or activity against risks, including unauthorized access, use, disclosure or disposal and provide for the secure disposal of the information, and

(b) contain the information prescribed by regulation.

(a) the duties imposed on the non-public body under the agreement, and

(b) the same requirements concerning the protection, retention and secure disposal of personal information that the public body is required to comply with under this Act and the regulations.

(a) proposes to use or disclose personal information in order to link information databases or match personal information in one information database with information in another,

(b) receives a request for disclosure of personal information for the purposes of legitimate research in the interest of science, learning or public policy, or

(c) receives a request for disclosure on a volume or bulk basis of personal information in a public registry or another collection of personal information.

(a) any advice from the review committee under subsection (3) has been received and considered,

(b) the head is satisfied that

(c) the head has approved conditions relating to

(d) the recipient of the personal information has entered into a written agreement to comply with the approved conditions.

(a) a written agreement with the Province with respect to its establishment as a research data centre and the approval of research projects, and

(b) a written agreement with the public body or other body prescribed by regulation against risks, including unauthorized access, use, disclosure or disposal and providing for the secure disposal of the information, with respect to the sharing of personal information in the custody or under the control of the public body or other body.

(a) retain the personal information for a reasonable period of time so that the individual to whom the information relates has a reasonable opportunity to obtain access to it, and

(b) establish a written information practice to that effect including any additional requirements prescribed by regulation.

(a) assist in ensuring the public body’s compliance with this Act,

(b) respond to inquiries about the public body’s information practices,

(c) make information about the public body’s information practices available to the public, and

(d) receive complaints from the public about any alleged contravention of this Act or the regulations under this Act by the public body.

(a) make recommendations with regard to this Act and the regulations,

(b) inform the public about this Act,

(c) receive comments from the public about the administration of this Act,

(d) comment on the implications for access to information or for protection of privacy of proposed legislative schemes or programs of public bodies,

(e) comment on the implications for protection of privacy of

(f) bring to the attention of the head of a public body any failure to fulfil the duty to assist an applicant,

(f.1) receive and investigate complaints from the public related to the collection, use and disclosure of personal information under Part 3 and make any recommendations as a result,

(g) conduct audits, on the Ombud’s own initiative or on request and in accordance with the regulations, if any, in order to evaluate the level of conformity with Part 3, or

(h) make recommendations, on the Ombud’s own initiative or on request, to the head of a public body or the responsible Minister of the Crown about the administration of this Act.

(a) to enter any office of a public body and, subject to section 70, examine and make copies of any record in the custody of the public body, and

(b) to converse in private with any officer or employee of a public body.

(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.

(a) in the case of an applicant, within 40 business days after

(b) in the case of a third party, within 15 business days after the date the notice referred to in section 36 is given.

(a) if the person who referred the matter is the applicant

(b) if the person who referred the matter is a third party who was given a notice under section 36, the judge may order the head of the public body to grant access to the record in whole or in part or to refuse access to the record, or

(c) may make any other order that is, in the opinion of the judge, necessary.

(a) an applicant,

(b) a third party, if the third party 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.

(a) in the case of an applicant, within 40 business days after

(b) in the case of a third party, within 15 business days after the date the notice referred to in section 36 is given.

(a) in the case of a complaint by an applicant, notify the head of the public body and provide the head with a copy of the complaint, or

(b) in the case of a third party, notify the head of the public body and provide the head, as well as the applicant, with a copy of the complaint.

(a) the complaint is trivial, frivolous, vexatious or not made in good faith;

(b) having regard to all the circumstances of the case, further investigation is unnecessary;

(c) the time period within which the complaint could be made is expired; or

(d) the person who made the complaint does not have a sufficient personal interest in the matter.

(a) if the person who made the complaint is the applicant, the applicant and the head of the public body concerned;

(b) if the person who made the complaint is a third party who is given notice of a decision under section 36, the third party, the applicant and the head of the public body concerned; and

(c) any other person the Ombud considers appropriate.

(a) notifies the person who filed the complaint, the head of the public body and any other person who has made representations to the Ombud that the Ombud is extending that period, and

(b) gives an anticipated date for providing the report.

(a) if the person who filed the complaint is the applicant

(b) if the person who filed the complaint is a third party who was given a notice under section 36,

(a) if the person who filed the complaint is the applicant, to the applicant, or

(b) if the person who filed the complaint is a third party who was given a notice under section 36, to the third party.

(a) accept the recommendation of the Ombud, or

(b) not accept the recommendation of the Ombud.

(a) where the person is successful, and

(b) where the person is not successful, if the judge considers it to be in the public interest.

(a) by sending it to that person by prepaid mail to the person’s last known address,

(b) by personal service,

(c) by substituted service if so authorized by the Ombud,

(d) by electronic transmission or telephone transmission of a facsimile of the notice or document, or

(e) by any other means prescribed by the regulations.

(a) by any person, other than the Ombud, with written authorization from the individual to act on the individual’s behalf,

(b) by a decision-making supporter or representative appointed for the individual under the Supported Decision-Making and Representation Act, if the exercise of the right or power relates to the powers and duties of the decision-making supporter or representative, as the case may be,

(c) by an attorney acting under a power of attorney granted by the individual, if the exercise of the right or power relates to the powers and duties conferred by the power of attorney,

(d) by the parent or guardian of a minor if, in the opinion of the head of the public body concerned, the exercise of the right or power by the parent or guardian would not constitute an unreasonable invasion of the minor’s privacy, or

(e) if the individual is deceased, by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate.

(a) the disclosure of or failure to disclose, in good faith, all or part of a record or information under this Act or any consequences of that disclosure or failure to disclose, or

(b) the failure to give a notice required by this Act if reasonable care is taken to give the required notice.

(a) collect, use or disclose personal information in wilful contravention of this Act,

(b) attempt to gain or gain access to personal information in wilful contravention of this Act,

(c) knowingly make a false statement to the Ombud or another person in the performance of the duties or the exercise of the powers of the Ombud or the other person under this Act or knowingly mislead or attempt to mislead the Ombud or the other person,

(d) obstruct the Ombud or another person in performing duties or exercising powers under this Act,

(e) destroy a record or erase information in a record that is subject to this Act, or direct another person to do so, with the intent to evade a request for access to the record,

(f) alter, falsify, conceal or destroy any record or part of any record, or direct another person to do so, with an intent to evade a request for access to the record, or

(g) wilfully fail to comply with an investigation of the Ombud.

(a) a non-public body that has entered into a written agreement under subsection 46.2(1); and

(b) an employee of a non-public body referred to in paragraph (a).

(a) designating public registries for the purpose of the definition “public registry” in section 1;

(a.1) prescribing requirements regarding the collection, use, disclosure, retention, correction or disposal of personal information for the purposes of paragraph (a) of the definition “information practices” in section 1, including any terms, conditions, prohibitions and restrictions relating to that collection, use, disclosure, retention, correction or disposal;

(a.2) prescribing requirements regarding administrative, technical and physical safeguards and practices for the purposes of paragraph (b) of the definition “information practices” in section 1;

(b) prescribing information to be included in a request for access to a record under Part 2;

(c) establishing the method of examining or providing access to a record for the purposes of paragraph 16(1)(b);

(d) respecting procedures to be followed in making, transferring, and responding to requests under Part 2;

(e) Repealed: 2017, c.31, s.63

(f) respecting the giving of consent by individuals under this Act;

(g) Repealed: 2017, c.31, s.63

(h) respecting written agreements for the purposes of sections 46.2, and 47;

(h.1) prescribing the information required to be included in a written agreement under section 46.2;

(h.2) prescribing requirements to be imposed on public bodies and non-public bodies that are parties to a written agreement under section 46.2 that withdraw from the agreement, including, without limitation, prohibiting further use or disclosure of any personal information disclosed to the public body or non-public body under the agreement;

(h.3) prescribing other bodies from which the Minister of Health or a research data centre may collect personal information for the purposes of section 37.1 and paragraph 47.1(1)(b);

(i) Repealed: 2017, c.31, s.63

(j) Repealed: 2016, c.53, s.27

(k) respecting audits for the purposes of paragraph 64.1(1)(g);

(l) respecting the appointment of members of the review committee under section 77 and governing the duties and powers of the review committee and all related matters;

(m) prescribing the form and manner of applications, referrals or appeals under this Act;

(n) prescribing the method of giving notices or documents under section 78;

(o) respecting fees to be paid under this Act and providing for circumstances in which fees may be waived in whole or in part;

(p) prescribing an amount for the purposes of subsection 80(4);

(q) respecting the kind of information that public bodies must provide to the Minister of the Crown responsible;

(r) respecting forms for the purposes of this Act;

(s) defining any word or expression used in this Act but not defined in this Act;

(t) prescribing the manner in which a notice or a record shall be given to a person under this Act;

(u) respecting all other matters necessary to carry out the provisions of this Act.