Duty to assist

When processing a right to information request, public bodies have a duty to assist applicants. This is accomplished by actions such as seeking clarification from applicants, conducting a reasonable search for records, and acting in good faith. The duty to assist ensures applicants receive a timely, appropriate, and relevant response to their request for information.

Last updated November 2023

The information provided on this page is intended to provide guidance to public bodies. The purpose is to help New Brunswick public bodies understand the duty to assist provision under the Right to Information and Protection of Privacy Act (RTIPPA). Information provided on this page is for information purposes only and does not constitute legal advice. Public bodies should consult with their own legal counsel for legal advice related to RTIPPA.

Section 9 of RTIPPA outlines a public body’s duty to assist an applicant when processing a right to information request. It places an obligation on the public body to help applicants

and ensure they receive timely, appropriate, and relevant responses to requests for information.

The duty to assist involves many qualities essential to good customer service. It applies throughout the request process up to and including the issuing of a response. Regular communication with the applicant throughout the process can help clarify issues, build trust, and create a more satisfactory experience for all involved.

There is no singular procedure for how a public body fulfills the duty to assist, but it includes interpreting a request fairly, clarifying the scope of a request, conducting a reasonable search for records, applying exceptions fairly, and adhering to RTIPPA’s timelines. Here are examples of good practice of how to fulfil the duty to assist requirement.

Timeliness of response

Section 9 of RTIPPA requires a public body to respond “without delay.” This means adhering to the timelines which are set out in RTIPPA and only extending the timeline as required by the Act.

• Immediately seek clarification from the applicant if there is any uncertainty about the information they are looking for.
• Keep the applicant informed about the status of their request while it is being processed, including if there are difficulties or challenges in meeting the time limit to respond to the request.
• Ensure the applicant is quickly notified if the time limit needs to be extended.

Reasonable search

Section 9 of RTIPPA requires a public body to respond “fully.” A full response means a reasonable and thorough search for records has been completed. It ensures records related to the request are identified so a complete response can be provided to an applicant. If a public body has not conducted a reasonable search for or located records, this will result in an incomplete response.

Communicate with the applicant and act in good faith

Section 9 of RTIPPA requires a public body to assist an applicant in an open manner. By assisting openly, public bodies are obliged to work with applicants in a forthcoming and collaborative spirit, being honest, direct, and approachable.

• Work with the applicant collaboratively by keeping them informed and maintaining a dialogue with them throughout the request process.
• Always consider the process from the applicant’s perspective and consider ways you can improve their experience.
• Work towards satisfying the applicant’s request for information, subject to the limited and specific exceptions in RTIPPA, and providing the best customer service possible.
• If information is withheld, provide a simple and clear explanation to the applicant, and give them an opportunity to discuss the reasons behind the use of the exceptions.

Interpretation of requests

Section 9 of RTIPPA requires the head of a public body to assist an applicant in an accurate manner. To fulfil this portion of the duty to assist a public body must understand the request and interpret it in a manner that a fair and reasonable person would consider appropriate in the circumstances.

• Contact the applicant for clarification if there is any uncertainty about a request. Avoid making assumptions and interpretations if a request is unclear.
• Sometimes requests may be vague or overly broad because an applicant doesn’t have the knowledge of the public body’s records or structure. Assist the applicant to help identify the records that will satisfy their needs.
• If the wording or scope of a request is amended after speaking with an applicant, confirm this with the applicant in writing and obtain written agreement.

Provide records through a preferred communication method

An applicant will specify their preferred communication method for receiving the records, for example by email or mail. Send the records to the applicant by their preferred method.

Provide records in the requested format

The applicant may specify their preferred format for the records, for example pdf or excel. Provide the records to the applicant in their preferred format where possible. If the information cannot be provided in the format requested, discuss with the applicant the formats that are available and confirm in what format they would like to receive the records.