Bill 76 - An Act to Amend the Right to Information and Protection of Privacy Act

BILL 76

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

ain subsection (1)

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

athe time limit for responding is extended under subsection (3), (4) or (4.1),

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

a.1the time limit for responding is suspended under subsection (6),

bin subsection (3)

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

( ii) in paragraph (d) by striking out “consult with another public body before deciding whether or not to grant access to a record,” and substituting “consult with a third party or another public body before deciding whether or not to grant access to a record.”;

( iii) by repealing paragraph (e);

( iv) by repealing paragraph (f);

cby adding after subsection (4) the following:

11( 4.1) Despite subsections (3) and (4) and subject to the regulations, the head of a public body may, with the consent of the applicant, extend the time limit for responding to a request.

11( 4.2) For greater certainty, the head of a public body who under subsection (4.1) has extended a time limit for responding is not thereby prevented from relying on subsection (3) or (4).

11( 4.3) For greater certainty, the head of a public body who under subsection (3) or (4) has extended a time limit for responding is not thereby prevented from relying on subsection (4.1).

din subsection (5)

( i) in the portion preceding paragraph (a) by striking out “the time for responding is extended under subsection (3) or (4)” and substituting “the time limit for responding is extended under subsection (3), (4) or (4.1)”;

( ii) in paragraph (c) by striking out “subsection (3)” and substituting “subsection (3) or (4.1)”;

eby adding after subsection (5) the following:

11( 6) Subject to the regulations, if a third party has referred a matter to a judge of The Court of Queen’s Bench of New Brunswick under paragraph 65(1)(b) or has filed a complaint with the Ombud under paragraph 67(1)(b), whether before or after the commencement of this subsection, the time limit for responding to the request that is subject to the referral or complaint is suspended.

11( 7) Despite any other provision of this section, no extension under subsection (3) of the time limit for responding shall result, at the time of the extension, in a time limit for responding that exceeds, in total, 60 business days from the date of receipt of the request.

2 Section 13 of the Act is amended

aby repealing subsection (1) and substituting the following:

13( 1) Subject to the regulations, within ten business days after a public body receives a request for access to a record, the head of the public body may transfer the request to another public body if

ain the opinion of the head of the public body, it would be more operationally efficient for the other public body to process the request,

bthe record was produced by or for the other public body,

cthe other public body was the first to obtain the record, or

dthe record is in the custody of or under the control of the other public body.

bby repealing paragraph (2)(b) and substituting the following:

bthe 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 for responding is extended under subsection 11(3), (4) or (4.1) or is suspended under subsection 11(6) or 80(6).

cby adding after subsection (2) the following:

13( 3) If a request for access is for more than one record, for greater certainty, the head of the public body may, under this section, transfer, in whole or in part, the request for access to one or more other public bodies.

3 The Act is amended by adding after section 13 the following:

Transfer of records

13.1 Subject to the regulations, if a request for access is transferred, in whole or in part, under section 13, the head of the public body who transferred the request may transfer to the other public body concerned a copy of any record that is subject to the transferred request and that is in the custody or control of the head.

4 Paragraph 14(2)(a) of the Act is amended by striking out “sections 28 and 29” and substituting “sections 28, 29 and 30.1”.

5 Section 15 of the Act is amended

aby renumbering the section as subsection 15(1);

bin subsection (1)

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

( ii) in paragraph (b) striking out “, or” at the end of the paragraph and substituting a period;

( iii) by repealing paragraph (c);

cby adding after subsection (1) the following:

15( 2) The head of a public body may disregard a request for access if the request for access is for information already provided to the applicant.

6 Section 16 of the Act is amended by adding after subsection (3) the following:

16( 4) The head of a public body who gives access to a record to an applicant is not required to give access to the applicant to a duplicate of the record.

16( 5) Subject to the regulations, the head of a public body who gives access to a record to an applicant is not required to give access to the applicant to that part of another record that contains exactly the same information as the first-mentioned record.

16( 6) The giving of access to only one record as provided for in subsection (4) or (5) shall not be considered a refusal to give access.

16( 7) Subsections (4) to (6) apply with the necessary modifications to the giving of access to part of a record.

7 The Act is amended by adding after section 30 the following:

Disclosure harmful to security of property

30.1 The head of a public body may refuse to disclose information to an applicant if disclosure could reasonably be expected to harm or threaten the security of any property or system, including a building, a vehicle, an electronic information system or a communication system.

8 The Act is amended by adding after section 33.1 the following:

Proactive disclosure of information

33.2( 1) Without a request for access, the head of a public body prescribed by regulation shall disclose the information prescribed by regulation in accordance with the regulations.

33.2( 2) The disclosure of information under subsection (1) does not extend to information that is excepted from disclosure under Division B or C of this Part, and those divisions apply with the necessary modifications.

9 Paragraph 35(2)(c) of the Act is amended by striking out “unless the time limit for responding is extended under subsection 11(3)” and substituting “unless the time limit for responding is extended under subsection 11(3), (4) or (4.1) or suspended under subsection 80(6)”.

10 Section 36 of the Act is amended by adding after subsection (4) the following:

36( 4.1) Subsection (4) does not apply if the third party has consented to the disclosure of the record or part of the record.

36( 4.2) Within 15 business days after receiving a notice under subsection (2), a third party who intends to file a complaint with the Ombud or to refer the matter to a judge of The Court of Queen’s Bench of New Brunswick for review under Part 5 shall give notice of that intention, in writing, to the head of the public body.

36( 4.3) Subsection (4.2) applies to a third party who receives a notice under subsection (2) after the commencement of this subsection.

36( 4.4) As soon as the circumstances permit after receiving a notice under subsection (4.2), the head of the public body shall notify the applicant in writing of the receipt of the notice and of the effect of the notice.

11 The Act is amended by adding after section 37 the following:

Collection of personal information by the Minister

37.01 Despite section 37, personal information may also be collected by or for the Minister for the purposes of paragraphs 84.3(1)(b), (c) and (d).

12 Paragraph 44(a.1) of the Act is amended by striking out “section 37.1” and substituting “section 37.01 or 37.1”.

13 Section 45 of the Act is amended in the portion preceding paragraph (a) by striking out “paragraph 44(a)” and substituting “paragraphs 44(a) and (a.1) and 46(1)(a.1) and (a.2)”.

14 Subsection 46(1) of the Act is amended by adding after paragraph (a.1) the following:

a.2for the purpose for which the information was collected or compiled under section 37.01 or for a use consistent with that purpose,

a.3to the Minister for the purposes of paragraphs 84.3(1)(b), (c) and (d),

15 Section 65 of the Act is amended by adding after subsection (1) the following:

65( 1.1) Paragraph (1)(b) does not apply if the third party has consented to the disclosure of the record.

16 Section 67 of the Act is amended

ain subsection (1)

( i) in subparagraph (a)(iv) of the English version by striking out “or” at the end of the subparagraph;

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

a.1an applicant who has consented to an extension of a time limit as provided for in subsection 11(4.1), or

bby adding after subsection (1) the following:

67( 1.1) Paragraph (1)(b) does not apply if the third party has consented to the disclosure of the record.

17 Paragraph 73(1)(a) of the Act is amended

ain subparagraph (i) by adding after clause (A) the following:

( A.1) reconsider a decision to extend under subsection 11(3) or (4.1) a time limit for responding,

bin subparagraph (ii) by adding after clause (A) the following:

( A.1) to extend under subsection 11(3) or (4.1) a time limit for responding,

18 The Act is amended by adding after section 84.2 the following:

Ministerial powers

84.3( 1) For the purposes of this Act, the Minister may, subject to the regulations,

aestablish directives and guidelines setting out the requirements to be met by public bodies in the processing of requests for access,

bassist public bodies in the processing of requests for access,

ccommunicate, on behalf of public bodies, with applicants and third parties in the processing of requests for access, and

dcoordinate requests for access made to two or more public bodies.

84.3( 2) A directive or guideline established under this Act may be general or specific in its application and may apply differently in different circumstances.

Publication of directives and guidelines

84.4( 1) The Minister shall publish the directives and guidelines the Minister has established under section 84.3 in the manner the Minister considers appropriate.

84.4( 2) The Regulations Act does not apply to the directives and guidelines.

19 Section 85 the Act is amended

aby adding after paragraph (b) the following:

b.1for the purposes of subsection 11(4.1), respecting the extension of time limits for responding;

b.2for the purposes of subsection 11(6), respecting the suspension of time limits for responding;

bby adding after paragraph (c) the following:

c.1for the purposes of subsection 16(5), prescribing requirements and restrictions regarding giving access to records;

cby repealing paragraph (d) and substituting the following:

drespecting procedures to be followed in making and responding to requests under Part 2;

dby adding after paragraph (d) the following:

d.1respecting the transferring, in whole or in part, of requests under Part 2;

d.2for the purposes of section 13.1, respecting the transferring of copies of records;

eby adding after paragraph (f) the following:

f.1respecting the consent of third parties;

f.2for the purposes of section 33.2, respecting the proactive disclosure of information, including, without limitation, prescribing public bodies and prescribing information;

fby adding after paragraph (p) the following:

p.1for the purposes of section 84.3, respecting the provision of assistance by the Minister and the communication and coordination by the Minister in the processing of requests under Part 2;

TRANSITIONAL AND COMMENCEMENT

20( 1) In this section, “Act” means the Right to Information and Protection of Privacy Act.

20( 2) If subsection 11(6) of the Act, as the subsection is enacted by paragraph 1(e) of this Amending Act, applies, any of the following extensions made before the commencement of this section shall be discontinued:

aan extension of a time limit under paragraph 11(3)(e) of the Act;

ban extension of a time limit under subsection 11(4) of the Act, as it relates to a case referred to in paragraph 11(3)(e) of the Act.

20( 3) For the purposes of paragraphs (2)(a) and (b), a reference to paragraph 11(3)(e) of the Act is a reference to that paragraph as it existed immediately before its repeal by subparagraph 1(b)(iii) of this Amending Act.

Commencement

21 Sections 1, 3, 5, 9, 10, 15, 16, 17 and 20 of this Act or any provision of them and paragraphs 2(a) and (b) and 19(a), (c), and (d) of this Act come into force on a day or days to be fixed by proclamation.