Right to Information and Protection of Privacy Act
Any person has the right to request and receive public record information at the City.
The Right to Information and Protection of Privacy Act (RTIPPA) of New Brunswick gives individuals the right to access information that is on the public record at the City of Moncton. This includes decisions that City Council has made as well as public documents relating to city business. Individuals also have access to records that contain personal information about them. They can also request corrections to information that is incorrect. For more information contact the City Clerk’s office.
Overview
Any person is entitled to request and receive information related to the public business of the City of Moncton (as a public body); have access to records containing personal information about themselves; or request corrections to records containing personal information about themselves in the custody and control of the City of Moncton in accordance with the provisions of the Right to Information and Protection of Privacy Act (RTIPPA) of New Brunswick.
Eligibility
The Right to Information and Protection of Privacy Act of the Province of New Brunswick states that any person is entitled to request and receive records relating to the public business of public bodies, have access to their personal information, and to request corrections to records containing their personal information in the custody and control of a public body in New Brunswick.
A record is defined as information contained in a record that is written, photographed, recorded, or stored by graphic, electronic, or mechanical means. Public business includes any activity or function carried on or performed by a public body. Personal information
means recorded information about an identifiable individual. There is no right to access certain types of information prescribed under sections 17 to 33 of RTIPPA.
RTIPPA does not replace existing procedures for accessing any information that is normally available to the public; nor does it affect any fees that may be charged for such access; nor should it become the sole vehicle by which personal information may be accessed or corrected.
Description
The Right to Information and Protection of Privacy Act sets out a legislated process by which people can exercise their right to access information respecting public business; have access to their own information; or request correction of their own personal information.
A great deal of information is readily available on the City of Moncton website. We suggest that you start by checking the website or you may make an informal request by phone or email. To do this, simply contact the city department you think might have the information you are looking for.
If you are told that the information is not routinely available, then you should proceed to file a Right to Information request with the City Clerk's Office using the form below. Oral requests are accepted from applicants with limited ability to read and write English or
French or with a disability that prevents them from completing a written request.
If you need to exercise someone’s right under RTIPPA, you will need written authorization (letter, Power of Attorney, etc.) to do so. See section 79 of RTIPPA for more details.
What kind of information can I request?
You have the right to request any record in the custody or control of the City of Moncton. The municipality does not process information requests for Boards and Commissions such as:
- Codiac Regional RCMP
- Westmorland Albert Solid Waste Commission
- Greater Moncton Sewerage Commission
- Capitol Theatre Board
If you require information regarding these organizations or other boards or commissions, these bodies should be contacted directly.
How do I make a request?
A great deal of information is readily available on the City of Moncton website. We suggest that you start by checking the website or you may make an informal request by phone or email. To do this, simply contact the city department you think might have the information you are looking for. If you are told that the information is not routinely available, then you should proceed to file a Right to Information request to the City Clerk’s Office using the form on this page.
Who is responsible for Right to Information requests for the City of Moncton?
The City Clerk is the Head for RTIPPA and may be reached at:
Office of the City Clerk
City of Moncton
655 Main St.
Moncton, NB E1C 1E8
accessprivacy@moncton.ca
506-853-3550
Is there a fee to process my request?
The Right to Information and Protection of Privacy Act of the Province of New Brunswick does not permit municipalities to charge to process a request for information.
How long does a request take to process?
Under the legislation, the municipality is required to respond to your request within 30 business days. If additional time is required (because your request was not detailed enough, the extent of the request, or third-party consultation is required), an extension can be given but the municipality is required to advise the applicant when a response can be expected.
Language of information
The request for information will be responded to in the official language in which it was received. Information will be provided in the language of the original record.
What is meant by the “duty to assist”?
The City of Moncton must make every “reasonable” effort to help applicants and to respond to each applicant openly, accurately, and completely subject to the restrictions and exemptions of RTIPPA.
What is a clarification of request?
If it is unclear what records are being required, or if it appears that the request for information is overly broad, the head of RTIPPA will contact the applicant for more details on the information being requested as a part of “duty to assist”. This clarification enables more accurate and complete processing of a request.
Do I have to tell the City why I want the information?
No. However, under certain circumstances, it may be helpful to provide the reason, as it would enable the City to process your request more efficiently.
What if I am denied information?
The municipality must provide you with reasons if you are denied access to information as some exemptions exist under the Act. If you are not satisfied with these reasons, you may request a review. You may request a review by the review officer within 60 days of notification.
What are the acceptable reasons to request a review?
A review can be requested if:
- your request for access is either fully or partially denied
- you are told the records do not exist and you do not agree
- you did not receive a response to your application
- you do not agree with the extension of the 30-day response period
- your request to correct personal information has been denied
- you are a third party to an application and you do not agree with the decision of the municipality to release your personal information or information that you may have an interest in
Who is the review officer?
The Provincial Office of the Ombud will review decisions of public bodies when people are not satisfied with the response they have received to their requests.
What is personal information?
Personal information is recorded information on an identifiable individual including:
- the individual's name, address or telephone number
- the individual's race, national or ethnic origin, colour, or religious or political beliefs or associations
- the individual's age, sex, sexual orientation, marital status, or family status
- an identifying number, symbol, or other particular assigned to the individual
- the individual's fingerprints, blood type, or inheritable characteristics
- information about the individual's health-care history, including a physical or mental disability
- information about the individual's educational, financial, criminal, or employment history
- anyone else's opinions about the individual
- the individual's personal views or opinions, except if they are about someone else
Is my personal information protected?
The legislation protects personal privacy by restricting the collection, use and disclosure of personal information.
Do I have to give the City my personal information?
To obtain services from the City of Moncton, you may have to provide your personal information to the City. However, the City can collect only the personal information that is needed to provide the service.
Does the City have to tell me for what purpose they will use my personal information?
Yes. When personal information is collected from an individual, notice should be given about what use is made of their personal information, the authority for collecting this information and the name and contact information of the employee who can answer additional questions a person may have on this collection. Also, the information is to be collected directly from the individual in most circumstances subject to limited exceptions in the Act.
What can I do if the City breaches my privacy?
If you feel that the City of Moncton has breached your privacy, you have the right to request a review into the matter by contacting the head of RTIPPA for the City of Moncton accessprivacy@moncton.ca and, if not satisfied with the result of the review, you may request the Ombud to investigate the potential breach.