Bill 67 - An Act Respecting the Right to Information and Protection of Privacy Act

BILL 67

An Act Respecting the Right to Information and Protection of Privacy Act

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

Aquaculture Act

1 Section 38 of the Aquaculture Act, chapter 112 of the Revised Statutes, 2011, is amended by adding after subsection (4) the following:

38( 5) 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.

Assessment Act

2 Section 12 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by adding after subsection (4) the following:

12( 4.1) 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.

Bituminous Shale Act

3 Section 30 of the Bituminous Shale Act, chapter B-4.1 of the Acts of New Brunswick, 1976, is amended by adding after subsection (2) the following:

30( 3) If subsection (2) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (2) prevails.

Change of Name Act

4 Section 14 of the Change of Name Act, chapter C-2.001 of the Acts of New Brunswick, 1987, is amended by adding after subsection (4) the following:

14( 4.1) 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.

Clean Air Act

5 Section 12 of the Clean Air Act, chapter C-5.2 of the Acts of New Brunswick, 1997, is amended by adding after subsection (4) the following:

12( 5) 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.

Regulation under the Clean Water Act

6 New Brunswick Regulation 93-203 under the Clean Water Act is amended by adding after section 6 the following:

6.1 If section 6 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 6 prevails.

Common Business Identifier Act

7 Section 5 of the Common Business Identifier Act, chapter 128 of the Revised Statutes, 2011, is amended by adding after subsection (1) the following:

5( 1.1) If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

Coroners Act

8 Section 9.1 of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “may” and substituting “shall”;

(b) by adding after subsection (4) the following:

9.1( 5) 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.

Crown Lands and Forests Act

9 Section 55.1 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by adding after subsection (3) the following:

55.1( 4) 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.

Education Act

10 The Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by adding after section 56.2 the following:

Conflict with the Right to Information and Protection of Privacy Act

56.3 If section 31.1, 40.1, 40.2, subsection 50.2(6) or section 54 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 31.1, 40.1, 40.2, subsection 50.2(6) or section 54, as the case may be, prevails.

Regulation under the Emergency 911 Act

11 Section 6 of New Brunswick Regulation 96-104 under the Emergency 911 Act is amended by adding after subsection (3) the following:

6( 4) 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.

Employment Standards Act

12 The Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by adding after section 90.1 the following:

Conflict with the Right to Information and Protection of Privacy Act

90.2 If subsection 58(2), (3) or 61(2) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection 58(2), (3) or 61(2) prevails.

Fish and Wildlife Act

13 Section 13 of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended by adding after subsection (2) the following:

13( 3) 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.

Foreign Resident Corporations Act

14 Section 8 of the Foreign Resident Corporations Act, chapter F-19.1 of the Acts of New Brunswick, 1984, is repealed and the following is substituted:

8( 1) Every document and the information contained therein that is submitted to the Minister under this Act is confidential and the Minister shall seal and hold the documents submitted to him or her in strictest secrecy.

8( 2) If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

Health Services Act

15 The Health Services Act, chapter H-3 of the Revised Statutes, 1973, is amended by adding after section 8.1 the following:

Conflict with the Right to Information and Protection of Privacy Act

8.2( 1) If section 8 is inconsistent with or in conflict with subsection 7(1) or (2) of the Right to Information and Protection of Privacy Act, section 8 prevails.

8.2( 2) If section 8.1 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 8.1 prevails.

Heritage Conservation Act

16 Section 99 of the Heritage Conservation Act, chapter H-4.05 of the Acts of New Brunswick, 2010, is repealed and the following is substituted:

99( 1) The Minister may refuse to disclose information with respect to an archaeological site, a palaeontological site, a burial ground or a provincial heritage place if disclosure of the information, in the opinion of the Minister, could result in damage to or interfere with the conservation of the place or any objects located at the place.

99( 2) If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

Labour Market Research Act

17 The Labour Market Research Act, chapter 183 of the Revised Statutes, 2011, is amended by adding after section 4 the following:

Conflict with the Right to Information and Protection of Privacy Act

4.1 If section 2, 3 or 4 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 2, 3 or 4, as the case may be, prevails.

Mental Health Services Act

18 Section 3 of the Mental Health Services Act, chapter 190 of the Revised Statutes, 2011, is amended by adding after subsection (7) the following:

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

Mining Act

19 The Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by adding after section 19 the following:

Conflict with the Right to Information and Protection of Privacy Act

19.1 If section 18 or subsection 19(2) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 18 or subsection 19(2), as the case may be, prevails.

Regulation under the Mining Act

20 Section 52 of New Brunswick Regulation 86-98 under the Mining Act is amended by adding after subsection (9) the following:

52( 10) 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.

Motor Vehicle Act

21 Section 7.1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is repealed and the following is substituted:

7.1( 1) The Registrar shall disclose to the Chief Electoral Officer or the Municipal Electoral Officer the name, address, date of birth, sex and other related information of a person found in any record of the Division for the purpose of establishing or maintaining a register of electors or list of electors under the Elections Act or the Municipal Elections Act.

7.1( 2) If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

Natural Products Act

22 The Natural Products Act, chapter N-1.2 of the Acts of New Brunswick, 1999, is amended by adding after section 103 the following:

Conflict with the Right to Information and Protection of Privacy Act

103.1 If subsection 12(4), section 14 or subsection 99(6) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection 12(4), section 14 or subsection 99(6), as the case may be, prevails.

Oil and Natural Gas Act

23 Section 49 of the Oil and Natural Gas Act, chapter O-2.1 of the Acts of New Brunswick, 1976, is amended by adding after subsection (2) the following:

49( 3) 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.

Regulations under the Oil and Natural Gas Act

24 Section 7 of the New Brunswick Regulation 86-191 under the Oil and Natural Gas Act is repealed and the following is substituted:

7( 1) The following are the terms and conditions of every geophysical licence granted by the Minister:

( a) where a geophysical licensee terminates his or her licence or discontinues carrying on business in the Province or, being a corporation, ceases to exist as a corporate entity within the Province, all reports, plans, data and maps supplied become property of the Crown in right of New Brunswick and may be made available to the public by the Minister after the expiration of one year after the termination of the licence;

( b) a geophysical licensee is liable for the cost of repairing damage caused by a geophysical permittee doing geophysical exploration on his or her behalf;

( c) a geophysical licensee shall follow the preliminary plan conditionally or otherwise approved by the Minister and shall not bulldoze or clear the certain lines and trails specified by the Minister not to be bulldozed or cleared; and

( d) a geophysical licensee shall comply with the Act and this Regulation and shall ensure that any person acting on his or her behalf shall so comply.

7( 2) If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

25 Section 20 of the New Brunswick Regulation 2001-66 under the Oil and Natural Gas Act is amended by adding after subsection (2) the following:

20( 3) 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.

Pension Benefits Act

26 Section 28 of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended by adding after subsection (3) the following:

28( 3.1) 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.

Petroleum Act

27 The Petroleum Act, chapter P-8.03 of the Acts of New Brunswick, 2007, is amended by adding after section 135 the following:

Conflict with the Right to Information and Protection of Privacy Act

135.1 If section 86 or 135 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 86 or 135, as the case may be, prevails.

Police Act

28 Paragraph 33.2(a) of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is repealed and the following is substituted:

( a) any other public Act or regulation made under a public Act, including the Right to Information and Protection of Privacy Act and the Industrial Relations Act and regulations made under those Acts, and

Regulation under the Police Act

29 Section 4 of New Brunswick Regulation 2007-81 under the Police Act is amended by adding after subsection (6) the following:

4( 7) If subsection (5) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (5) prevails.

Private Investigators and Security Services Act

30 Section 17 of the Private Investigators and Security Services Act, chapter 209 of the Revised Statutes, 2011, is repealed and the following is substituted:

Confidential information

17( 1) No person shall disclose, without the consent of the Commission, information received by the Commission or an employee of the Commission in connection with an application or return required under this Act or in the course of an investigation authorized by this Act.

17( 2) If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

Public Interest Disclosure Act

31 The Public Interest Disclosure Act, chapter 112 of the Revised Statutes, 2012, is amended by adding after section 50 the following:

Conflict with the Right to Information and Protection of Privacy Act

50.1 If a provision of this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, the provision of this Act prevails.

Safer Communities and Neighbourhoods Act

32 The Safer Communities and Neighbourhoods Act, chapter S-0.5 of the Acts of New Brunswick, 2009, is amended by adding after section 72 the following:

Conflict with the Right to Information and Protection of Privacy Act

72.1 If subsection 10(1), section 12 or subsection 49(1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection 10(1), section 12 or subsection 49(1), as the case may be, prevails.

Special Corporate Continuance Act

33 Section 6 of the Special Corporate Continuance Act, chapter S-12.01 of the Acts of New Brunswick, 1999, is repealed and the following is substituted:

6( 1) Every document, and the information contained in every document, that is submitted to the Minister by or on behalf of a non-Canadian corporation under this Act is confidential, and the Minister shall hold those documents in strictest secrecy until the Minister issues a certificate of special continuance to the non-Canadian corporation.

6( 2) If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

Support Enforcement Act

34 The Support Enforcement Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is amended by adding the following after section 47:

Conflict with Right to Information and Protection of Privacy Act

47.1 If section 12, 14 or 52 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 12, 14 or 52, as the case may be, prevails.

Regulation under the Support Enforcement Act

35 Section 16 of New Brunswick Regulation 2008-15 under the Support Enforcement Act is amended by adding after subsection (7) the following:

16( 8) 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.

The Residential Tenancies Act

36 Section 27.1 of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is repealed and the following is substituted:

Confidentiality of information

27.1( 1) No person engaged in the administration of this Act shall disclose personal or financial information that comes to his or her attention in the course of his or her duties in such a manner as to identify the person to whom such information relates except

( a) as may be required in connection with the administration of this Act or any proceedings under this Act,

( b) as may be required by a peace officer in the course of the peace officer’s duties, or

( c) with the consent of the person to whom the information relates.

27.1( 2) If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

Underground Storage Act

37 Section 5 of the Underground Storage Act, chapter U-1.1 of the Acts of New Brunswick, 1978, is amended by adding after subsection (2) the following:

Conflict with the Right to Information and Protection of Privacy Act

5( 3) If subsection (2) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (2) prevails.

Victims Services Act

38 The Victims Services Act, chapter V-2.1 of the Acts of New Brunswick, 1987, is amended by adding after section 7.5 the following:

Conflict with the Right to Information and Protection of Privacy Act

7.6 If section 7.5 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 7.5 prevails.

Vital Statistics Act

39 The Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended by adding after section 51 the following:

Conflict with the Right to Information and Protection of Privacy Act

51.1 If a provision of this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, the provision of this Act prevails.