It is also being done to bring New Brunswick’s legislation up to speed with that of other places in Canada.
According to a July 28 news release, New Brunswick’s government “has initiated a review” of the Right to Information and Protection of Privacy Act (RTIPPA), which is used by residents to access information from public bodies, as well as to protect the privacy of personal information.
The probing of the Act will allow the government to meet a legislated obligation to do a “comprehensive review” of these laws every four years to ensure “improvements and accountability,” states the release.
The last review was conducted in 2022.
“As a government, we are committed to open, transparent and accountable governance,” said New Brunswick Finance and Treasury Board Minister René Legacy. “This reform aims to ensure our laws align with evolving public expectation and digital innovations while protecting personal information. Our government promised to modernize right-to-information legislation, and we will deliver exactly that.”
The release goes on to note the role of public engagement in “shaping the revised legislation.”
“There will be consultations with stakeholders such as review bodies, First Nations, municipalities, public bodies and experts, as well as the public.”
Residents are invited to review a discussion paper. Input will be accepted until Sept. 12.
According to the paper, there are more than 400 public bodies in New Brunswick — all of which are subject to the Act.
“The Act applies to most records in their custody or control, but there are some exceptions,” it states. “For example, RTIPPA does not apply to constituency records of Members of the Legislative Assembly or teaching and research materials of post-secondary institution employees.”
Public bodies are defined as “most publicly funded organizations … that deliver public services.” They include government departments, agencies, boards and commissions; schools, school districts, district education councils, colleges and universities; health authorities; Crown corporations; municipalities, including municipal police forces; and regional services commissions.
The paper notes a “clear need to modernize RTIPPA,” which it describes as rather antiquated.
“The Act has been in place for 15 years,” it states. “During this time, the right to information landscape has changed. Open government initiatives are changing expectations about transparency and there is an ever-increasing volume of digital records to manage. Other Canadian jurisdictions have modernized their laws over time to respond to these changes. This leaves New Brunswickers with less effective right to information rules than in most other Canadian jurisdictions.”
It also notes the ongoing emergence of artificial intelligence (AI).
“Artificial intelligence, which relies on vast amounts of data, creates both new opportunities and privacy concerns. A March 2025 survey of Canadians revealed that 88 [per cent] are concerned about their personal information being used to train AI systems, with 42 [per cent] being extremely concerned. These public concerns emphasize the need for robust privacy legislation that addresses the risks associated with new technologies.”
The paper poses various questions to readers. One is what changes should the legislation go through with respect to “public interest override provisions”?
Public interest override rules allow certain types of information to be released if it is in the public’s interest. The paper notes that many jurisdictions in Canada have public interest override rules that apply when a) there is a significant risk to people’s health, safety or the environment, or b) when the public interest in sharing the information outweighs the benefit of keeping it private.
New Brunswick’s legislation includes the override in the name of significant risk, but does not include a general public interest override.
Another question from the paper is whether New Brunswick should consider implementing a legal duty to document information so that access rights retain meaning and effectiveness. Currently, New Brunswick does not have a duty to document requirement.
Following the review of the Act, “key findings and recommendations” will be delivered to New Brunswick’s legislative assembly by March 31, 2026.
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