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Copyright 2002: Queen’s Printer,
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Statutes of Newfoundland and Labrador 2002


Statutes of Newfoundland and Labrador 2002 Chapter 16

CHAPTER 16

AN ACT TO AMEND THE ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT

(Assented to December 19, 2002)

Analysis

1. S.2 Amdt.
Definitions

2. S.5 Amdt.
Application

3. S.12 Amdt.
Content of response

4. S.16 Amdt.
Extension of time limit

5. Part IV.1 Added

PART IV.1
OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER

42.1 Appointment of the
Information and
Privacy Commissioner
42.2 Term of office
42.3 Removal or suspension
42.4 Acting commissioner
42.5 Salary and pension
42.6 Expenses
42.7 Commissioner's staff
42.8 Oath of office
42.9 Oath of staff

6. Part V Amdt.
REVIEWS AND COMPLAINTS

7. S.61 R&S
Appeal or intervention by commissioner

8. S.72 Amdt.
Offence

9. S.75 Amdt.
Consequential amendments

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SNL2002 cA-1.1

1. (1) Paragraph 2(c) of the Access to Information and Protection of Privacy Act is repealed and the following substituted:

(c) "commissioner" means the Information and Privacy Commissioner appointed under section 42.1;

(c.1) "Commission of Internal Economy" means the commission established under the Internal Economy Commission Act;

(2) Paragraph 2(n) of the Act is repealed and the following substituted:

(n) "officer of the House of Assembly" means the Speaker of the House of Assembly, the Clerk of the House of Assembly, the Chief Electoral Officer, the Auditor General of Newfoundland and Labrador, the Commissioner of Members' Interests, the Citizens' Representative, the Child and Youth Advocate and the Information and Privacy Commissioner, and a position designated to be an officer of the House of Assembly by the Act creating the position;

(3) Paragraph 2(r) of the Act is repealed and the following substituted:

(r) "review" means a review by the commissioner of a request made under section 43;

 

2. Paragraphs 5(1)(e) and (f) of the Act are repealed.

 

3. Subparagraph 12(1)(c)(iii) of the Act is amended by striking out the words "Citizens' Representative" and substituting the word "commissioner".

 

4. Paragraph 16(2)(c) of the Act is amended by striking out the words "Citizens' Representative" and substituting the word "commissioner".

 

5. The Act is amended by adding immediately after section 42 the following:

PART IV.1
OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER

Appointment of the Information and Privacy Commissioner

42.1 (1) The office of the Information and Privacy Commissioner is established and shall be filled by the Lieutenant-Governor in Council on a resolution of the House of Assembly.

(2) The commissioner is an officer of the House of Assembly and is not eligible to be nominated for election, to be elected, or to sit as a member of the House of Assembly.

(3) The commissioner shall not hold another public office or carry on a trade, business or profession.

Term of office

42.2 (1) Unless he or she sooner resigns, dies or is removed from office, the commissioner shall hold office for 2 years from the date of his or her appointment, and he or she may be re-appointed for further terms of 2 years.

(2) The commissioner may resign his or her office in writing addressed to the Speaker of the House of Assembly, or, where there is no Speaker or the Speaker is absent, to the Clerk of the House of Assembly.

Removal or suspension

42.3 (1) The Lieutenant-Governor in Council, on a resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting, may remove the commissioner from office or suspend him or her because of an incapacity to act, or for neglect of duty or for misconduct.

(2) When the House of Assembly is not in session, the Lieutenant-Governor in Council may suspend the commissioner because of an incapacity to act, or for neglect of duty or for misconduct, but the suspension shall not continue in force beyond the end of the next ensuing session of the House of Assembly.

Acting commissioner

42.4 (1) The Lieutenant-Governor in Council may appoint an acting commissioner if

(a) the commissioner is temporarily unable to perform his or her duties;

(b) the office of the commissioner becomes vacant or the commissioner is suspended when the House of Assembly is not in session; or

(c) the office of the commissioner becomes vacant or the commissioner is suspended when the House of Assembly is in session, but the House of Assembly does not pass a resolution to fill the office of the commissioner before the end of the session.

(2) An acting commissioner holds office until

(a) the commissioner returns to his or her duties after a temporary inability to perform;

(b) the suspension of the commissioner ends or is dealt with in the House of Assembly; or

(c) a person is appointed as a commission under section 42.1.

Salary and pension

42.5 (1) The commissioner shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the Commission of Internal Economy.

(2) The salary of the commissioner shall not be reduced except on a resolution of the House of Assembly carried by a majority vote of the members of the House of Assembly actually voting.

(3) The commissioner is subject to the Public Service Pensions Act, 1991 where he or she was subject to that Act prior to his or her appointment as commissioner.

Expenses

42.6 The commissioner shall be paid the travelling and other expenses incurred by him or her in the performance of his or her duties that may be approved by the Commission of Internal Economy.

Commissioner's staff

42.7 (1) The commissioner may, subject to the approval of the Commission of Internal Economy, and in the manner provided by law, appoint those assistants and employees that he or she considers necessary to enable him or her to carry out his or her functions under this Act.

(2) Persons employed under subsection (1) are members of the public service of the province.

Oath of office

42.8 Before beginning to perform his or her duties, the commissioner shall swear an oath, or affirm, before the Speaker of the House of Assembly or the Clerk of the House of Assembly that he or she shall faithfully and impartially perform the duties of his or her office and that he or she shall not, except as provided by this Act, divulge information received by him or her under this Act.

Oath of staff

42.9 Every person employed under the commissioner shall, before he or she begins to perform his or her duties, swear an oath, or affirm, before the commissioner that he or she shall not, except as provided by this Act, divulge information received by him or her under this Act.

 

6. Part V of the Act is amended by striking out the words "Citizens' Representative" or "Citizens' Representative's" wherever they occur and substituting the word "commissioner" or "commissioner's".

 

7. Section 61 of the Act is repealed and the following substituted:

Appeal or intervention by commissioner

61. (1) The commissioner may, with the consent of the applicant or third party involved, appeal a decision of the head of a public body in accordance with section 60.

(2) The commissioner may intervene as a party to an appeal under section 60.

 

8. Section 72 of the Act is amended by striking out the words "Citizens' Representative" wherever they occur and substituting the word "commissioner".

 

9. (1) Subsection 75(4) of the Act is repealed.

(2) Subsection 75(5) of the Act is repealed and the following substituted:

(5) Paragraph 19(e) of the Citizens' Representative Act is amended by striking out the words "Freedom of Information Act" and substituting the words "Access to Information and Protection of Privacy Act".

 

 

 

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