Short title

        1. These regulations may be cited as the Access to Information Regulations .

11/07 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Access to Information and Protection of Privacy Act ; and

             (b)  "health care provider" means a medical practitioner, psychologist, registered nurse, nurse practitioner or social worker.

11/07 s2

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Non-application of regulations

      2.1 Sections 3 and 4 do not apply where

             (a)  the public body referred to in either of those sections is a custodian within the meaning of the Personal Health Information Act ; and

             (b)  the information referred to in either of those sections is personal health information within the meaning of the Personal Health Information Act .

2008 cP-7.01 s92

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Disclosure of health information

        3. (1) For the purpose of section 26 of the Act, the head of a public body may disclose information relating to the mental or physical health of an applicant or other person to a health care provider for an opinion on whether disclosure of the information could reasonably be expected to result in grave and immediate harm to the safety or mental or physical health of the applicant or the other person.

             (2)  A health care provider to whom information is disclosed under subsection (1) shall not disclose or use the information except for the purpose of that subsection, and shall return any records disclosed to him or her to the head of the public body after giving an opinion.

             (3)  The head of a public body may require a health care provider to whom information is disclosed under subsection (1) to

             (a)  enter into a confidentiality agreement; or

             (b)  examine the record containing the information on the premises of the public body.

             (4)  The head of a public body may recommend that an applicant who makes a request for access to a record containing information relating to the applicant's mental or physical health should not examine the record until a health care provider or a member of the applicant's family is present to assist the applicant in understanding the information in the record.

11/07 s3

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Fee waiver

        4. (1)  At the applicant's request, the head of a public body may waive all or part of the fees payable under the Act where the head is satisfied that

             (a)  payment would impose an unreasonable financial hardship on the applicant; or

             (b)  the request for access relates to the applicant's own personal information and waiving the fees would be reasonable and fair in the circumstances.

             (2)  The head of the public body shall inform the applicant in writing as to the head's decision about waiving the fees either when access is granted or before it is granted.

11/07 s4

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Designation of legislation

        5. For the purpose of subsection 6(2) of the Act, the following provisions shall prevail notwithstanding another provision of the Act or a regulation made under the Act:

             (a)  subsection 62(2) of the Adoption Act ;

             (b)  subsection 9(4) of the Aquaculture Act ;

             (c)  subsections 5(1) and (4) of the Aquaculture Regulations ;

             (d)  section 115 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act ;

             (e)  sections 69 to 74 of the Children and Youth Care and Protection Act ;

          (e.1)  section 5.4 of the Energy Corporation Act ;

              (f)  section 8.1 of the Evidence Act ;

             (g)  subsection 24(1) of the Fatalities Investigations Act ;

             (h)  subsection 5(1) of the Fish Inspection Act ;

              (i)  section 4 of the Fisheries Act ;

              (j)  sections 173, 174, 174.1 and 174.2 of the Highway Traffic Act ;

             (k)  section 18 of the Lobbyist Registration Act ;

              (l)  section 15 of the Mineral Act ;

            (m)  section 16 of the Mineral Holdings Impost Act ;

             (n)  section 15 of the Mining Act ;

             (o)  subsection 13(3) of the Order of Newfoundland and Labrador Act ;

             (p)  sections 153, 154 and 155 of the Petroleum Drilling Regulations ;

             (q)  sections 53 and 56 of the Petroleum Regulations ;

          (q.1)  section 21 of the Research and Development Council Act ;

              (r)  sections 47 and 52 of the Royalty Regulations, 2003 ;

             (s)  section 12 and subsection 62(2) of the Schools Act, 1997 ;

              (t)  sections 19 and 20 of the Securities Act ;

             (u)  section 13 of the Statistics Agency Act ; and

             (v)  section 18 of the Workplace Health, Safety and Compensation Act .

11/07 s5; 72/09 s1; 2010 cC-12.2 s85

©Earl G. Tucker, Queen's Printer