News Release

FREDERICTON (CNB) - A new act to better protect personal privacy while making public bodies more open and accountable to New Brunswickers has been introduced by Supply and Services Minister Jack Keir. The Access to Information and Protection of Privacy Act will replace the existing Right to Information Act and the Protection of Personal Information Act.

In February 2007, a task force headed by Université de Moncton professor Donald Savoie was formed to fulfil a commitment made in the Charter for Change. The task force released its final report in September 2007. It included 43 recommendations to improve and modernize the province's Right to Information and Protection of Personal Information acts, both in legislation and in the operations of government.

"We committed in our Charter for Change to bring an unprecedented level of openness and public accountability to the workings of government," Keir said. "This new act will bring greater openness to government operations, as well as protecting the personal information we all wish to see safeguarded from misuse."

With this legislation and accompanying reforms, government will be taking action on the majority of the task force's recommendations. The new act will serve as the foundation for a set of reforms aimed at growing a culture of openness and transparency in New Brunswick's public sector. Government will be moving to make more information readily accessible, without the necessity for people to make requests under the act. Furthermore, public servants will have a duty to assist applicants in making information requests.

The act provides a framework for how public bodies must respond to requests for information, and applies to all records held in any form by government. In response to the task force recommendation seeking better access to cabinet documents, the act will allow for the release of cabinet documents after 15 years, and for the release of background information after five years, or after a decision has been announced or implemented.

The range of organizations to which the legislation applies is being broadened. Beginning in January 2010, the act will apply to school districts and additional provincial agencies, boards and commissions. As of July 2010, universities, municipalities and other municipal organizations will also be made subject to the act. The act will not apply to offices of the legislative assembly, offices of members of the legislative assembly, or the courts.

The new act will also address a few administrative problems with the current Right to Information Act. It will allow public bodies to extend, with notice, the response time from the original 30 days up to an additional 30 days in specified circumstances. And, as recommended in the task force report, the sections of the act pertaining to the protection of personal information are more specific in terms of how this information may and may not be used.

In addition, an access to information and privacy commissioner will be appointed to oversee the public sector's performance in relation to access and privacy issues. The commissioner's mandate will include conducting reviews of access and privacy complaints, educating and serving as an advocate for access and privacy, conducting privacy audits, and making recommendations regarding the act and its administration.

Extensive training sessions will be held for employees in those organizations covered by the new act, as promised to Savoie in lieu of his receiving payment for his work on the task force.

Government will seek the agreement of the legislative assembly to refer this bill to the standing committee on law amendments for its study and recommendation.