
Newfoundland and Labrador
Newfoundland and Labrador's access and privacy framework rests on two Acts administered by the Information and Privacy Commissioner — an officer of the House of Assembly under ATIPPA, 2015 s.85 and PHIA s.92(2): the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015, SNL 2015 c. A-1.2, assented and proclaimed in force June 1, 2015) for the provincial public sector, and the Personal Health Information Act (PHIA, SNL 2008 c. P-7.01, assented June 4, 2008 and brought into force April 1, 2011) for personal health information held by custodians. ATIPPA, 2015 was drafted on the recommendations of the 2014 Statutory Review (the "Wells Report") that re-engineered the previous Act after the 2011 Cameron Inquiry. Both Acts are recommendation-and-declaration regimes with a distinctive enforcement architecture. Under ATIPPA s.47 and PHIA s.72(2), the Commissioner makes recommendations rather than orders. Under ATIPPA s.49, the head of a public body has 10 business days after receiving a recommendation to decide whether to comply in whole or in part and to give written notice; failure to give notice within the window is deemed acceptance under s.49(2). For an access or correction recommendation the head wishes to refuse, ATIPPA s.50 requires the head to apply to the Trial Division within 10 business days for a declaration that the body is not required to comply — the burden of going to court rests on the public body, not the applicant. If the head agreed (or was deemed to have agreed) to comply but failed to do so within 15 business days, or failed to apply for a declaration, ATIPPA s.51 lets the Commissioner prepare and file an order directly with the Trial Division; under s.51(5) the order is enforceable against the public body as if it were a judgment of the court. Applicants and third parties keep two parallel paths: appeal a public-body decision after receipt of the Commissioner's recommendation under s.54, or appeal directly to the Trial Division (skipping the Commissioner) under s.52. PHIA mirrors the recommendation-and-declaration architecture in s.74 and s.79 with a 15-day custodian-response window and (under s.74(3)) the opposite default — silence on the custodian's part is deemed refusal, not acceptance. PHIA s.72(3) sets one further rule: where the Commissioner concludes a review without making an access or correction recommendation, the Commissioner is deemed to have confirmed the custodian's refusal. The province also has a separate Privacy Act (RSNL 1990 c. P-22), a tort statute creating a private right of action for wilful invasion of privacy heard by the Trial Division — not Commissioner-administered, and outside this database's decision corpus.
Which law applies?
Start with the type of body involved, then the kind of information at issue, and then whether the dispute is public-sector, private-sector, health, or access-to-records. Cross-border or federally regulated activity can still pull the matter back under federal law.
Private-sector baseline
Newfoundland and Labrador does not have a broad provincial private-sector privacy law equivalent to BC, Alberta, or Quebec, so PIPEDA generally remains the relevant baseline for most private-sector commercial activity in the province.