Bill 59 - An Act to Amend the Right to Information and Protection of Privacy Act

BILL 59

An Act to Amend 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:

1 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended

(a) by repealing the following definitions:

“integrated service, program or activity”;

“service, program or activity”;

(b) in the definition “head”

( i) by repealing paragraph (e) and substituting the following:

(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,

( ii) by repealing paragraph k) of the French version and substituting the following:

k) s’agissant d’un autre organisme d’administration locale, la personne ou le groupe de personnes choisies par et parmi les membres élus ou nommés au conseil ou au conseil consultatif et désignées par écrit;

“third party” means a person other than the applicant or the public body. (tiers)

(d) by adding the following definitions in alphabetical order:

“business day” means a day other than a Saturday or a holiday as defined in the Interpretation Act. (jour ouvrable)

“common or integrated service, program or activity” means a service, program or activity that is provided by (service, programme ou activité commun ou intégré)

(a) a public body and one or more other public bodies or one or more non-public bodies, or

(b) a public body on behalf of one or more public bodies.

“data matching” means the creation of identifying information by combining identifying information or de-identified information or other information from two or more electronic databases or two or more electronic records. (appariement de données)

“identifying information” means information that identifies an individual or which it is reasonably foreseeable in the circumstances could be utilized, either alone or with other information, to identify an individual. (renseignements identificatoires)

“information practices” means the policies of a public body in relation to personal information, including (pratiques relatives aux renseignements)

(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.

“non-public body” means a person that is not a public body. (organisme non public)

2 The Act is amended by adding after section 1 the following:

Interpretation of the definition “common or integrated service, program or activity”

1.1( 1) For the purposes of the definition “common or integrated service, program or activity”, a public body or non-public body shall be deemed to be providing a service, program or activity if that public body or non-public body discloses personal information that relates directly to and is necessary for the provision of the service, program or activity by another public body or non-public body.

1.1( 2) The disclosure of personal information referred to in subsection (1) may occur one or more times or on an on-going basis.

3 Section 2 of the French version of the Act is amended

(a) in paragraph a) by striking out “qui relèvent des organismes publics” and substituting “dont les organismes publics ont la garde ou la responsabilité”;

(b) in paragraph c) by striking out “qui relèvent des organismes publics” and substituting “dont les organismes publics ont la garde ou la responsabilité”;

(c) in paragraph d) by striking out “qui relèvent des organismes publics” and substituting “dont les organismes publics ont la garde ou la responsabilité”.

4 The Act is amended by adding after section 3 the following:

This Act applies to all records that are not otherwise excluded

3.1 This Act applies to all records in the custody of or under the control of a public body except for the records under section 4.

5 The heading “Records to which this Act applies” preceding section 4 of the Act is repealed and the following is substituted:

Records excluded from the application of this Act

6 Section 4 of the Act is amended by repealing the portion preceding paragraph (a) and substituting the following:

4 This Act does not apply to

7 The heading “If access prohibited under another Act and sunset provision” preceding section 5 of the Act is repealed and the following is substituted:

This Act prevails over other Acts unless expressly provided otherwise

8 Section 5 of the Act is repealed and the following is substituted:

5 If a provision of this Act is inconsistent with or in conflict with a provision of another Act of the Legislature, the provision of this Act prevails unless the other Act of the Legislature expressly provides that it, or a provision of it, prevails despite this Act.

9 Subsection 6(1) of the Act is repealed and the following is substituted:

6( 1) The head of a public body may, in writing, delegate a duty or power of the head under this Act, except for the power to delegate to any of the following persons:

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

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

10 Section 8 of the French version of the Act is amended

(a) in subsection (1) by striking out “demande écrite ou électronique à l’organisme public de qui, selon elle, relève le document” and substituting “demande écrite ou électronique de communication de document à l’organisme public qui, selon elle, en a la garde ou la responsabilité”;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “demande” and substituting “demande de communication de document”;

(c) in subsection (3) in the portion preceding paragraph (a) by striking out “demande de communication” and substituting “demande de communication de document”.

11 Subsection 10(1) of the French version of the Act is amended in the portion preceding paragraph a) by striking out “relevant d’un organisme public” and substituting “dont un organisme public a la garde ou la responsabilité”.

12 Section 11 of the Act is amended

(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:

11( 1) The head of a public body shall respond in writing to a request for access to a record within 30 business days after receiving the request unless

(b) in subsection (2) of the English version by striking out “30 day period” and substituting “period of 30 business days”;

( i) in the portion preceding paragraph (a) by striking out “30 days” and substituting “30 business days”;

( ii) in paragraph (b) by striking out “as soon as practicable” and substituting “as soon as the circumstances permit”;

(d) in subsection (4) by striking out “30 days” and substituting “30 business days”;

(e) in subsection (5) by repealing paragraph (c) and substituting the following:

(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 Commissioner about the extension.

13 The heading “Application deemed abandoned” preceding section 12 of the Act is repealed and the following is substituted:

Decision to consider an application abandoned

14 Section 12 of the Act is repealed and the following is substituted:

12( 1) If the head of the public body sends the applicant a written request for clarification or a written request to pay or agree to pay a fee for access to a record and the applicant does not respond to the request within 20 business days after receiving the request, the head of the public body may consider the request for access to be abandoned.

12( 2) If the head of the public body decides to consider the request to be abandoned under subsection (1), the head shall notify the applicant in writing of his or her right to file a complaint with the Commissioner with respect to the decision.

15 The heading “Transmission de la demande” preceding section 13 of the French version of the Act is amended by striking out “demande” and substituting “demande de communication”.

16 Section 13 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “10 days” and substituting “10 business days”;

( ii) by repealing paragraph c) of the French version and substituting the following:

c) l’autre organisme public a la garde ou la responsabilité du document.

(b) in subsection (2)

( i) in paragraph (a) by striking out “as soon as possible” and substituting “as soon as the circumstances permit”;

( ii) in paragraph (b) by striking out “30 days” and substituting “30 business days”.

17 Section 15 of the Act is amended in the French version in the portion preceding paragraph (a) by striking out “demandes de renseignements” and substituting “demandes de communication de document”.

18 Section 16 of the Act is amended by adding after subsection (1) the following:

16( 1.1) The head of a public body may obscure information contained in a record referred to in paragraph (1)(a) or (b) or sever information from a record referred to in paragraph (1)(a) or (b) before giving the applicant a copy of the record or permitting the applicant to examine the record, if, in the opinion of the head, the information is not relevant to the request for information.

19 Subsection 17(1) of the French version of the Act is amended

(a) in paragraph c) by striking out “les ministres ou que ceux-ci ont examinées et approuvées” and substituting “un ministre ou que celui-ci a examinées et approuvées”;

(b) in paragraph e) by striking out “les ministres” and substituting “un ministre”.

20 The heading “Information provided in confidence to a government” preceding section 18 of the Act is amended by striking out “to a government”.

21 The Act is amended by adding after section 18 the following:

Disclosure harmful to governmental relations

18.1( 1) The head of a public body shall refuse to disclose information to an applicant if disclosure could reasonably be expected to harm relations between the Province of New Brunswick or a government body and any of the following or their agencies:

(a) the Government of Canada;

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

(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.

18.1( 2) Subsection (1) does not apply if

(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.

Information in a law enforcement record for which the disclosure is prohibited

18.2 The head of a public body shall refuse to disclose information to an applicant if the information is in a law enforcement record and the disclosure is prohibited under an Act of the Parliament of Canada.

22 Section 21 of the Act is amended

(a) in subsection (2) by adding after paragraph (g) the following:

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

(b) in subsection (3)

( i) by adding after paragraph (c) the following:

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

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

( ii) by repealing paragraph (d) and substituting the following:

(d) the disclosure is approved under section 47,

23 The Act is amended by adding after section 22 the following:

Information subject to a solicitor-client privilege of a third party

22.1 The head of a public body shall refuse to disclose to an applicant information that is subject to a solicitor-client privilege of a third party.

24 The heading “Disclosure harmful to governmental relations” preceding section 23 of the Act is repealed.

25 Section 23 of the Act is repealed.

26 Section 27 of the Act is repealed and the following is substituted:

27 Subject to paragraph 4(b) and section 22.1, the head of a public body may refuse to disclose to an applicant

(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.

27 Section 28 of the Act is amended

(a) by renumbering subsection (1) as section 28;

(b) by repealing subsection (2);

(d) by repealing subsection (4).

28 Section 29 of the Act is amended

(a) by repealing paragraph (1)(o) and substituting the following:

(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.

(b) by repealing subsection (2).

29 Paragraph 30(1)f) of the French version of the Act is amended by striking out “qui relèvent de la Société d’assurance-dépôts des caisses populaires du Nouveau-Brunswick visée par la Loi sur les caisses populaires” and substituting “dont la Société d’assurance-dépôts des caisses populaires du Nouveau-Brunswick visée par la Loi sur les caisses populaires a la garde ou la responsabilité”.

30 Section 33 of the Act is amended

(a) in paragraph (2)(b) by striking out “90 days” and substituting “65 business days”;

(b) by repealing paragraph (3)(b) and substituting the following:

(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).

31 The Act is amended by adding after section 33 the following:

Division C.1

Mandatory disclosure

Mandatory disclosure – risk of significant harm

33.1( 1) Despite any provision of this Act, whether or not a request for access is made, the head of a public body shall, without delay, disclose to the public, to an affected group of people or to an applicant, information about a risk of significant harm to the environment or to the health or safety of the public or a group of people, the disclosure of which is clearly in the public interest.

33.1( 2) Before disclosing information under subsection (1), the head of a public body shall, if practicable, notify any person to whom the information relates.

33.1( 3) If it is not practicable to comply with subsection (2), the head of the public body shall mail a notice of disclosure in the form determined by the Minister to the latest known address of the person.

32 Subsection 34(1) of the Act is amended by striking out “where practicable and as soon as practicable” and substituting “if practicable and as soon as the circumstances permit”.

33 Section 35 of the Act is amended

(a) in paragraph (1)(c) by striking out “21 days” and substituting “15 business days”;

(b) in paragraph (2)(c) by striking out “30 days” and substituting “20 business days”.

34 The heading “Decision within 30 days” preceding section 36 of the Act is amended by striking out “30 days” and substituting “20 business days”.

35 Section 36 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “30 days” and substituting “20 business days”;

( ii) in paragraph (a) by striking out “twenty-one days” and substituting “fifteen business days”;

(b) in subsection (4) by striking out “21 days” and substituting “15 business days”;

36 The heading “Purpose of collection of personal information” preceding section 37 of the Act is repealed and the following is substituted:

Collection of personal information

37 Section 37 of the Act is repealed and the following is substituted:

37( 1) Personal information may be collected by or for a public body only if the collection of the information is authorized or required by or under an Act of the Legislature or an Act of the Parliament of Canada.

37( 2) Despite subsection (1), personal information may also be collected by or for a public body without the collection of the information being authorized or required by or under an Act of the Legislature or an Act of the Parliament of Canada if

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

( i) a service, program or activity of the public body, or

( ii) a common or integrated service, program or activity,

(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.

37( 3) A public body shall collect only as much personal information about an individual as is reasonably necessary to accomplish the purpose for which it is collected.

38 Section 38 of the French version is amended

(a) in paragraph (1)h) by striking out “envisagées” and substituting “prévues”;

(b) in paragraph (2)a) by striking out “destinés” and substituting “recueillis”.

39 The heading “Droit de faire corriger les renseignements” preceding section 40 of the French version of the Act is amended by striking out “renseignements” and substituting “renseignements personnels”.

40 Section 40 of the Act is amended

(a) in subsection (1) of the French version by striking out “de qui ils relèvent” and substituting “qui en a la garde ou la responsabilité”;

(b) in subsection (3) in the portion preceding paragraph (a) by striking out “30 days” and substituting “20 business days”;

(d) in subsection (6) of the French version by striking out “qui relèvent de lui” and substituting “dont il a la garde ou la responsabilité”.

41 The heading “Retention of personal information” preceding section 41 of the Act is repealed.

42 Section 41 of the Act is repealed.

43 The heading “Protection of personal information” preceding section 42 of the Act is repealed.

44 Section 42 of the Act is repealed.

45 Subsection 43(3) of the Act is repealed and the following is substituted:

43( 3) A public body shall limit the use and disclosure of personal information in its custody or under its control to those of its officers, directors, employees or agents who need to know the information to carry out the purpose for which the information was collected or received or to carry out a purpose authorized under section 44.

46 Section 44 of the Act is amended

(a) in paragraph (a) by striking out “subsection 37(1)” and substituting “subsection 37(1) or (2)”;

(b) in paragraph (b) of the English version by striking out “or” at the end of the paragraph;

(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) by adding after paragraph (c) the following:

(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.

47 Section 45 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “or disclosure” wherever it appears;

(b) by repealing paragraph (b) and substituting the following:

(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.

48 Section 46 of the Act is amended

(a) in subsection (1)

( i) by adding the following after paragraph (a):

(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,

( ii) by repealing paragraph (c.1) and substituting the following:

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

( i) an officer or employee of another public body,

( ii) an officer or employee of a non-public body, or

( iii) a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act,

( iii) by adding the following after paragraph (c.1):

(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

( i) an officer or employee of another public body,

( ii) an officer or employee of a non-public body, or

( iii) a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act,

( iv) in paragraph (v) of the English version by adding “or” at the end of the paragraph;

( v) in paragraph (w) by striking out “, or” and substituting a period;

( vi) by repealing paragraph (x);

(b) by repealing subsection (2).

49 The Act is amended by adding after section 46 the following:

Mandatory disclosure of personal information for common or integrated services, programs or activities

46.1( 1) Despite the definition of “public body” in section 1, in this section “public body” means

(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.

46.1( 2) For greater certainty, in this section, “non-public body” means a person that is not a public body as defined in section 1.

46.1( 3) Despite paragraphs 46(1)(c.1) and (c.2), a public body shall disclose personal information

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

( i) an officer or employee of another public body,

( ii) an officer or employee of a non-public body, or

( iii) a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act, or

(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

( i) an officer or employee of another public body,

( ii) an officer or employee of a non-public body, or

( iii) a custodian who is a health care provider, as those terms are defined in the Personal Health Information Privacy and Access Act.

Agreements for common or integrated services, programs or activities

46.2( 1) Each public body that provides a common or integrated service, program or activity shall enter into a written agreement with the other public bodies and non-public bodies that are also providing that common or integrated service, program or activity.

46.2( 2) A written agreement entered into under subsection (1) shall

(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.

46.2( 3) A non-public body that enters into a written agreement under subsection (1) shall comply with

(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.

46.2( 4) A written agreement entered into under this section may, subject to this Act and the regulations, contain additional requirements with respect to information practices.

Data matching

46.3 A public body may perform data matching using personal information in its custody or control, provided there is authority for the collection, use or disclosure of the personal information being used for data matching or created as a result of data matching.

50 The Act is amended by adding after section 48 the following:

Division C

Information practices

Duty of public bodies to establish information practices

48.1( 1) A public body shall establish information practices to ensure compliance with this Act and shall protect personal information by making reasonable security arrangements against unauthorized access, use, disclosure or disposal, in accordance with the regulations.

48.1( 2) If a public body uses personal information about an individual to make decisions that directly affects the individual, the public body shall, subject to any other Act of the Legislature,

(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.

48.1( 3) A regulation prescribing requirements respecting information practices may include any terms, conditions, prohibitions or restrictions relating to the collection, use, disclosure, retention, correction or disposal of personal information.

48.1( 4) A public body shall designate an officer or employee of the public body or an officer or employee of another public body to

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

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

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

51 Subsection 65(3) of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

(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 paragraph (b) by striking out “21 days” and substituting “15 business days”.

52 Subsection 66(1) of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

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

( i) if the head of a public body refused a request for access to a record, in whole or in part, the judge may

( A) order the head of the public body to grant the request in whole or in part, or

( B) confirm the head of a public body’s decision to refuse a request for access to a record, in whole or in part, and

( ii) if the head of a public body failed to reply to a request for access to a record, the judge may order the head of the public body to grant or to refuse the request in whole or in part,

(b) by repealing paragraph (b) and substituting the following:

(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

53 Section 67 of the Act is amended

(a) in paragraph (1)(a)

( i) by repealing subparagraph (ii) and substituting the following:

( ii) if the applicant is not satisfied with the decision of a head of a public body to extend a time limit under subsection 11(3),

( ii) by repealing subparagraph (iii) and substituting the following:

( iii) if the applicant is not satisfied with the decision of a head of a public body to consider a request to be abandoned under subsection 12(1),

( iii) by adding after subparagraph (iii) the following:

( iv) if the applicant is not satisfied with the decision of a head of a public body to refuse a request to correct an error or omission in the applicant’s personal information, or

(b) in subsection (3)

( i) by repealing paragraph (a) and substituting the following:

(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

( ii) in paragraph (b) by striking out “21 days” and substituting “15 business days”;

(c) in subsection (5) by striking out “120 days following the request for information” and substituting “40 business days after the expiry of the time for responding to the request”;

(d) in subsection (6) in the portion preceding paragraph (a) by striking out “As soon as practicable” and substituting “As soon as the circumstances permit”.

54 Section 68 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

68( 3) If the Commissioner cannot resolve a complaint within 45 business days after the commencement of the informal resolution process referred to in subsection (2) or within the extended time limit under subsection (4), as the case may be, the Commissioner shall investigate the complaint and shall prepare the report referred to in section 73.

(b) by adding after subsection (3) the following:

68( 4) The Commissioner may only extend the time limit in subsection (3) with the consent of the applicant or the third party, as the case may be, and the head of the public body.

55 Section 70 of the Act is amended

(a) in subsection (1) of the French version by striking out “privilège des communications entre client et avocat, le commissaire peut exiger la production des documents qui relèvent d’un organisme public” and substituting “privilège du secret professionnel de l’avocat, le commissaire peut exiger la production des documents dont un organisme public a la garde ou la responsabilité”;

(b) in subsection (3) by striking out “14 days” and substituting “10 business days”.

56 Section 72 of the Act is amended by striking out “90 days” and substituting “90 business days”.

57 Section 73 of the Act is repealed and the following is substituted:

73( 1) On completing the investigation of a complaint, the Commissioner shall prepare a report containing the Commissioner’s findings and shall make any of the following recommendations:

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

( i) recommend that the head of a public body

( A) grant, in whole or in part, the request for access to a record,

( B) grant a request to correct personal information in its custody or under its control, or

( C) reconsider a request for information that was considered to be abandoned under subsection 12(1),

( ii) confirm the head of a public body’s decision

( A) to refuse a request for access to a record, in whole or in part,

( B) to refuse a request to correct personal information in its custody or under its control, or

( C) to consider a request for information to be abandoned under subsection 12(1), or

( iii) if the head of a public body failed to reply to the request for access to a record, recommend that the head of the public body grant or refuse the request in whole or in part, or

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

( i) recommend that the head of a public body grant access to the record in whole or in part or to refuse access to the record, or

( ii) confirm the head of the public body’s decision to grant a request for access to a record in whole or in part.

73( 2) The Commissioner shall give a copy of the report to the head of the public body and,

(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.

58 Section 74 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

74( 2) Within 20 business days after receiving the Commissioner’s report under subsection 73(2), the head of the public body shall make a decision under subsection (1), and shall give a written notice of the decision to the applicant or the third party, as the case may be, and shall forward a copy of the decision to the Commissioner.

(b) by adding after subsection (2) the following:

74( 2.1) A notice referred to in subsection (2) shall include the reasons for the decision and, if applicable, inform the applicant or third party of his or her right to appeal and the time limit for exercising the right to appeal.

74( 3) If the head of the public body accepts the recommendation in the Commissioner’s report, the head of the public body shall comply with the recommendation within 20 business days after receiving the report.

(d) in subsection (4) by striking out “15 days” and substituting “20 business days”.

59 Section 75 of the Act is repealed and the following is substituted:

75( 1) A person who has filed a complaint may appeal the decision of a head of a public body not to accept a recommendation of the Commissioner under clause 73(1)(a)(i)(A), (B) or (C) or subparagraph 73(1)(a)(iii) or (b)(i) to The Court of Queen’s Bench of New Brunswick within 20 business days after receiving written notice of the decision under subsection 74(2).

75( 2) A person who has filed a complaint may appeal the findings of the Commissioner under clause 73(1)(a)(ii)(A), (B) or (C) or subparagraph 73(1)(b)(ii) to The Court of Queen’s Bench of New Brunswick within 20 business days after receiving the Commissioner’s report under subsection 73(2).

75( 3) In an appeal under subsection (1) or (2), a judge of The Court of Queen’s Bench of New Brunswick may

(a) confirm the decision of the head of the public body not to accept the recommendation of the Commissioner,

(b) confirm the findings of the Commissioner,

(d) make any other order that the judge considers appropriate.

75( 4) A copy of the decision of the judge shall be sent to the person who appealed the decision of the head of the public body and to the head of the public body.

75( 5) No appeal lies from the decision of the judge under subsection (3).

60 Subsection 80(5) of the Act is repealed and the following is substituted:

80( 5) The applicant has up to 20 business days from the day the estimate is given to indicate if it is accepted or to modify the request in order to change the amount of the fees, after which the application is considered abandoned.

61 Section 82 of the Act is amended

(a) in subsection (1) of the French version

( i) in paragraph e) by striking out “une demande de communication” and substituting “une demande de communication de document”;

( ii) in paragraph f) by striking out “une demande de communication de renseignements ou de documents” and substituting “une demande de communication de document”;

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

82( 1.1) A person under subsection (1) includes:

(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).

62 Subsection 84(3) of the English version of the Act is amended by striking out “or to refuse to disclose”.

63 Section 85 of the Act is amended

(a) by adding after paragraph (a) the following:

(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) by repealing paragraph (e);

(d) in paragraph (h) by striking out “sections 46 and 47” and substituting “sections 46.2, and 47”;

(e) by adding after paragraph (h) the following:

(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;

(f) by repealing paragraph (i).

64 The Act is amended by adding after section 86 the following:

Act to be reviewed every four years

86.1( 1) Within four years after the commencement of this section, the Minister shall undertake a comprehensive review of the operation of this Act and shall, within one year after the review is undertaken or within a longer time that the Legislative Assembly allows, submit a report on the review to the Legislative Assembly.

86.1( 2) A review under subsection (1) shall be undertaken every four years.

65 The heading “Review of this Act” preceding section 97 of the Act is repealed.

66 Section 97 of the Act is repealed.

CONSEQUENTIAL AMENDMENTS

Early Childhood Services Act

67 Subsection 55(1) of the Early Childhood Services Act, chapter E-0.5 of the Acts of New Brunswick, 2010, is amended by striking out “an integrated service, program or activity” and substituting “a common or integrated service, program or activity”.

Education Act

68 Section 56.3 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended

(a) by repealing subsection (1) and substituting the following:

56.3( 1) If section 31.1 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 31.1 prevails.

(b) in subsection (2) by striking out “an integrated service, program or activity” and substituting “a common or integrated service, program or activity”.

Family Income Security Act

69 Subsection 13.1(3) of the Family Income Security Act, chapter 154 of the Revised Statutes, 2011, is amended

(a) in paragraph (c.1) by striking out “an integrated service, program or activity” and substituting “a common or integrated service, program or activity”;

(b) in paragraph (c.2) by striking out “an integrated service, program or activity” and substituting “a common or integrated service, program or activity”.

Family Services Act

70 Subsection 11(3) of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended

(a) in paragraph (b.1) by striking out “an integrated service, program or activity” and “the integrated service, program or activity” and substituting “a common or integrated service, program or activity” and “the common or integrated service, program or activity” respectively;

(b) in paragraph (b.2) by striking out “an integrated service, program or activity” and “the integrated service, program or activity” and substituting “a common or integrated service, program or activity” and “the common or integrated service, program or activity” respectively.

Personal Health Information Privacy and Access Act

71( 1) Section 1 of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended

(a) by repealing the definition “integrated service, program or activity”;

(b) by adding the following definition in alphabetical order:

“common or integrated service, program or activity” means a common or integrated service, program or activity as defined in the Right to Information and Protection of Privacy Act. (service, programme ou activité commun ou intégré)

71( 2) Subsection 27(2.1) of the Act is amended by striking out “an integrated service, program or activity” and substituting “a common or integrated service, program or activity”.

71( 3) Subsection 34(1) of the Act is amended

(a) in paragraph (e.1) by striking out “integrated services, programs or activities” and substituting “common or integrated services, programs or activities”;

(b) in paragraph (e.2) by striking out “integrated services, programs or activities” and substituting “common or integrated services, programs or activities”.

71( 4) Subsection 38(1) of the Act is amended

(a) in paragraph (d.1) by striking out “an integrated service, program or activity” and substituting “a common or integrated service, program or activity”;

(b) in paragraph (d.2) by striking out “an integrated service, program or activity” and substituting “a common or integrated service, program or activity”.

71( 5) Section 56 of the Act is amended

(a) in paragraph (1)(a.1) by striking out “an integrated service, program or activity” wherever it appears and substituting “a common or integrated service, program or activity”;

(b) in subsection (1.1) by striking out “integrated service, program or activity” and substituting “common or integrated service, program or activity”.

Prescription and Catastrophic Drug Insurance Act

72( 1) Subsection 2(2) of the Prescription and Catastrophic Drug Insurance Act, chapter 4 of the Acts of New Brunswick, 2014, is repealed.

72( 2) Subsection 45(2) of the Act is repealed.

Service New Brunswick Act

73 Subsection 8(6) of the Service New Brunswick Act, chapter 44 of the Acts of New Brunswick, 2015, is amended by striking out “subsection 46(2)” and substituting “section 46.2”.

CONDITIONAL AMENDMENTS AND
COMMENCEMENT

Integrity Commissioner Act

74( 1) If this section comes into force before subsection 27(3) of the Integrity Commissioner Act, chapter 53 of the Acts of New Brunswick, 2016, subsection 64.1(1) of the Right to Information and Protection of Privacy Act, as enacted by subsection 27(3) of the Integrity Commissioner Act, is amended by adding after paragraph (f) the following:

(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,

74( 2) If this section comes into force after subsection 27(3) of the Integrity Commissioner Act, chapter 53 of the Acts of New Brunswick, 2016, subsection 64.1(1) of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended by adding after paragraph (f) the following:

(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,

Commencement

75 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.