BILL 48

An Act to Amend the Family Income Security Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Family Income Security Act, chapter 154 of the Revised Statutes, 2011, is amended by adding after section 13 the following:

Confidentiality of information

13.1(1) All information acquired by the Minister or another person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.

13.1(2) The Minister shall not permit the release of confidential information to any person without the written consent of the person from whom the information was obtained and the person to whom the information relates.

13.1(3) Despite subsection (2), the Minister may permit the release of confidential information without the consent of the person from whom the information was obtained or the person to whom the information relates in the following circumstances:

(a)  in the best interests of the applicant, unit, recipient or former recipient;

(b)  in the course of verifying information obtained from or in relation to the applicant, unit, recipient or former recipient;

(c)  for the purpose of evaluating the effectiveness of assistance programs; or

(d)  otherwise for the purpose of the administration or enforcement of any Act of the Legislature or a regulation or order under any such Act.

13.1(4) Despite subsection (2), confidential information disclosed for a purpose referred to in subsection (3) may be made

(a)  to another Minister of the Crown or his or her servant,

(b)  to an agent of the Government of Canada or his or her servant,

(c)  to an employee of an agency of the Province,

(d)  to an employee of a department, municipality or agency of another jurisdiction having a responsibility to provide financial assistance to persons in need,

(e)  at a trial, hearing or proceeding under the Criminal Code (Canada), the Family Services Act or legislation in another province or a territory that is similar to the Family Services Act, in relation to any matter under this Act, or to a barrister or solicitor acting on behalf of any government, municipality or agency and responsible for the institution of such a trial, hearing or proceeding,

(f)  to an officer of a council of a band, as defined in the Indian Act (Canada), having a responsibility to provide financial assistance to persons in need on a reserve,

(g)  to a person who is in the business of providing information respecting credit ratings or other information in relation to the economic status of individuals or who is in the business of collecting unpaid debts, or

(h)  to a person who was, is or may be providing goods or services to an applicant, a unit, a recipient or a former recipient.

13.1(5) Despite subsection (2), the Minister may permit the release of confidential information to a member of the Legislative Assembly if the member provides to the Minister a request for the information on a form provided by the Minister, accompanied by any written undertaking or other documentation required by the Minister.

13.1(6) A person to whom confidential information is disclosed under subsection (3), other than a person referred to in paragraph (4)(a) or (b), shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

13.1(7) If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.

2 Section 14 of the Act is amended by adding after subsection (5) the following:

14(6) A person who violates or fails to comply with an undertaking given under subsection 13.1(5) or with subsection 13.1(6) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

CONSEQUENTIAL AMENDMENT

Regulation under the Family Income Security Act

3(1) The enacting clause of New Brunswick Regulation 95-61 under the Family Income Security Act is repealed and the following is substituted:

Under section 17 of the Family Income Security Act, the Lieutenant-Governor in Council makes the following Regulation:

3(2) Section 2 of the Regulation is amended

(a)  by renumbering the section as subsection 2(1);

(b)  by repealing the following definitions:

“applicant”;

“recipient”;

“unit”;

(c)  in the definition « sourd » of the French version by striking out the semicolon at the end of the definition and substituting a period;

(d)  by adding after subsection (1) the following:

2(2) In the Act and this Regulation

“applicant” means a person applying for assistance under section 3; (requérant)

“recipient” means a person in respect of whom assistance has been granted; (bénéficiaire)

“unit” means a person or group of persons who have applied for or are receiving assistance, all in respect of one application for assistance; (unité)

3(3) The heading “VERIFICATION AND DISCLOSURE OF INFORMATION” preceding section 31 of the Regulation is repealed.

3(4) Section 31 of the Regulation is repealed.