Part 3 — Communicable Diseases and Public Health Emergencies
54 Application to court
(a) is prohibited by section 53 from publishing, releasing or
disclosing information, or
(b) refuses to disclose information that the person is permitted
by section 53 to disclose,
the person to whom the information relates or the person's legal
representative may apply for an order directing the person having
the information to release it or a copy of it to the person to whom
the information relates or the person's legal representative or to
some other person named in the order.
(2) An application under subsection (1)
(a) shall, if it is made in the course of any action or proceeding
to which the person to whom the information relates or the
person's legal representative is a party, be made on notice to
a judge of the court in which the action or proceeding is
taken, and
(b) shall, in any other case, be made to a judge of the Court of
King's Bench.
(3) Where the judge considers it appropriate to do so, the judge
may order that the application under subsection (1) be heard in
private.
(4) In an application under subsection (1), the onus of showing
why the order should not be made for the release of the information
is on the respondent to the motion.
RSA 2000 cP-37 s54;2009 c53 s149;AR 217/2022