NB’s Right to Information and Protection of Privacy Act Applies to Additional Organizations Effective September 1 and October 1, 2012.
This is a reminder that NB’s Right to Information and Protection of Privacy Act will cover additional NB bodies on both September 1, 2012 and October 1, 2012. Effective on September 1, 2012, the Act will also apply to the following NB organizations:
Universities
Community Colleges
Municipalities
Local Service Districts
Rural Communities
Effective on October 1, 2012 the Act will also apply to the following:
Schools
School Districts
District Education Councils
Effective on April 1, 2013, the Act will add NB Local Boards, including water and waste water commissions and regional service commissions, under its purview.
The Act sets out people’s (including corporations and other such legal entities) entitlement to information relating to the public business of a public body, and about him or herself held by public bodies; it also regulates how public bodies handle personal information – its collection, use and disclosure of it – in whatever form it is held. The Act defines the bodies that are “public”, sets out the process to request information and how the public body must handle such requests, and sets out the exceptions and restrictions to the availability of information held by public bodies. The Act has applied to certain “public bodies”, and will apply to a greater number of public bodies starting on September 1st.
The additional organizations must comply with the Act by the relevant effective date. The Act places the obligation for compliance on the “head” of the public body, and identifies the “head for each. Practically speaking, these obligations are delegated to individuals or offices; it is imperative that those to whom the obligations are delegated are well trained in the requirements of the Act and that the public body puts in place appropriate policies and procedures to ensure it meets these obligations. Violation of the Act or failure to comply with it is an offence under the Provincial Offences Procedure Act, for which the penalties include a fine of up to $10,200.00 for a first offence.
To further understand the implications of the Act, McInnes Cooper is working with Kim Bustin, CA, CIPP/C, President of Bustin Consulting to offer customized workshops for “Access and Privacy Training for Public Organizations and Employees” beginning in September throughout New Brunswick. For further details, click here or contact your local McInnes Cooper Lawyer or David Fraser.
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