BILL 29

An Act Respecting Research

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

Maritime Provinces Higher Education Commission Act

1 Section 13 of the Maritime Provinces Higher Education Commission Act, chapter 187 of the Revised Statutes, 2011, is repealed and the following is substituted: 

13( 1) All data received by the Commission from institutions or any other source are confidential and shall not be disclosed except in a manner provided under this section.

13( 2) The Commission may disclose data received by the Commission from institutions or any other source  

ato the Minister of Health or a research data centre in the context of the agreements entered into under section 47.1 of the Right to Information and Protection of Privacy Act, and

bto any other person if the data are received in aggregate form and, before disclosing the data, the Commission removes any portion of the data that would reveal personal information concerning any person.

Right to Information and Protection of Privacy Act

2( 1) Section 37.1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is repealed and the following is substituted: 

37.1( 1) Despite section 37, personal information may also be collected by or for the Minister of Health or a research data centre in accordance with the agreement referred to in paragraph 47.1(1)(b).

37.1( 2) The personal information collected under subsection (1) shall be collected from a public body or from another body prescribed by regulation.

2( 2) Paragraph 47.1(1)(b) of the Act is repealed and the following is substituted: 

ba 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.

2( 3) Section 85 of the Act is amended by adding after paragraph (h.2) the following:  

h.3prescribing 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);

Education Act

3 Subsection 56.3(2) of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is repealed and the following is substituted:

56.3( 2) If section 54 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 54 prevails, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of

aa common or integrated service, program or activity of a public body referred to in that Act, and

bthe agreements entered into under section 47.1 of that Act.

Support Enforcement Act

4 Section 47.1 of the Support Enforcement Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is repealed and the following is substituted: 

Conflict with the 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, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of that Act, section 12, 14 or 52, as the case may be, prevails.

Medical Services Payment Act

5 Section 8 of the Medical Services Payment Act, chapter M-7 of the Revised Statutes, 1973, is amended

aby repealing paragraph (1)(g.3);

bby repealing subsection (3) and substituting the following: 

8( 3) If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of that Act, this section prevails.

Labour Market Research Act

6 Section 4.1 of the Labour Market Research Act, chapter 183 of the Revised Statutes, 2011, is repealed and the following is substituted:

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, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of that Act, section 2, 3 or 4, as the case may be, prevails.

Family Income Security Act

7 Subsection 13.1(7) of the Family Income Security Act, chapter 154 of the Revised Statutes, 2011, is repealed and the following is substituted:

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, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of that Act, this section prevails.

Family Services Act

8 Section 11.3 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is repealed and the following is substituted:

Conflict with the Right to Information and Protection of Privacy Act

11.3 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, other than the provisions of that Act relating to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of that Act, this Act prevails.

Early Childhood Services Act

9( 1) Section 25 of the Early Childhood Services Act, chapter E-0.5 of the Acts of New Brunswick, 2010, is repealed and the following is substituted:

Confidentiality of information

25( 1) Despite the Right to Information and Protection of Privacy Act, a statement, declaration, record or document made or given by a person at the request of an inspector in the course of an inspection is confidential and for the information and use of the Minister only and may not be inspected by any other person without the written authorization of the Minister.

25( 2) Subsection (1) does not apply to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of the Right to Information and Protection of Privacy Act.

9( 2) Subsection 48.1(5) of the Act is amended in the French version by striking out “de la présente loi” and substituting “du présent article”.

9( 3) Section 55 of the Act is amended

aby repealing subsection (1) and substituting the following: 

55( 1) Despite the Right to Information and Protection of Privacy Act, 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.

bby adding the following after subsection (2): 

55( 2.1) Subsections (1) and (2) do not apply to the collection, use or disclosure of personal information in the context of

aa common or integrated service, program or activity of a public body under the Right to Information and Protection of Privacy Act, and

bthe agreements entered into under section 47.1 of the Right to Information and Protection of Privacy Act.

Regulation under the Clean Water Act

10 Section 10.02 of New Brunswick Regulation 93-203 under the Clean Water Act is repealed and the following is substituted:

10.02( 1) If section 5.2, 6 or 10.01 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 5.2, 6 or 10.01, as the case may be, prevails.

10.02( 2) Subsection (1) does not apply to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of the Right to Information and Protection of Privacy Act.

Regulation under the Right to Information and Protection of Privacy Act

11 New Brunswick Regulation 2010-111 under the Right to Information and Protection of Privacy Act is amended by adding after section 4 the following:

Body prescribed

4.01 The Maritime Provinces Higher Education Commission is prescribed as a body from which a research data centre may collect personal information for the purposes of subsection 37.1(2) and paragraph 47.1(1)(b) of the Act.

Commencement

12 Sections 1, 2 and 11 of this Act come into force on a day or days to be fixed by proclamation.