Victoria 2026.05.27 – FIPA is calling on members of the public and civil society organizations concerned about transparency and the right to know to join us in continued opposition to Bill 9, the Freedom of Information and Protection of Privacy Amendment Act.
Bill 9 passed second reading during an extraordinary extended afternoon session of the Legislative Assembly May 6. It moved through the Committee phase on May 26. The bill has consistently been subject to extensive criticism and questioning from opposition and third-party MLAs, many of whom have cited FIPA’s initial critique and questions in their interventions. While the government has made amendments to the bill in response to this criticism, the bill remains flawed.
Bill 9 weakens the access rights of British Columbians by expanding the discretion of public bodies to determine what constitutes a ‘reasonable amount of time’ to identify records sought in response to an FOI request.
It also expands grounds to disregard requests as “abusive,” or “malicious,” and now allows for requests to be disregarded if they would unreasonably interfere with the operations of the Ministry responsible for the administration of the Act.
It fails to address gaps and inconsistencies in the creation, classification, retention, and digitization of records by public bodies – gaps that contribute to delays and make the FOI process less user-friendly.
Importantly, it fails to address key recommendations for reform made in the 2022 report of the Special Legislative Committee that reviewed the FIPPA.
As it stands, the government is in a position to push Bill 9 through a third reading and into law prior to the end of the legislative session this week.
A May 6 motion introduced by the Official Opposition to ‘hoist’ the bill for six months to allow for further study and public consultation was defeated earlier this month, but not before the matter was subject to extensive debate.
The Hansard record of that meeting may go down in history as one of the lengthiest discussions about freedom of information in the Legislature in BC history, and legislators gave passionate and commendable speeches about the importance of transparency and the public’s right to know.
“It is helpful to know where elected representatives stand on these matters. FIPA distributed questionnaires to political parties during the 2024 provincial election, seeking their positions on transparency and privacy issues. We did not receive detailed responses”, said FIPA Executive Director Jason Woywada.
The problem remains that Bill 9 does not advance or extend the public’s right to know. Indeed, it threatens to constrain and circumscribe this fundamental right in the name of improving administrative efficiency.
Bill 9 should not pass into law. British Columbians deserve amendments to the Freedom of Information and Protection of Privacy Act that deepen our transparency rights and address well-documented flaws and gaps with the existing FOI system. BC was once rightly recognized as the province with the most ambitious and effective right to know framework in Canada.
“Ultimately, we want to see government act to protect, deepen, and make meaningful the FOI rights of British Columbians. Improvements to the administration and efficiency of the FOI system are important, but it is essential that the system works for the people – and that means providing comprehensive, meaningful, and timely access to public records in an accessible manner, with limited exceptions”, said FIPA President Mike Larsen.
We invite concerned members of the public to contact their MLAs and call on them to oppose Bill 9.
Members of the public and civil society organizations can also contact:
The Honourable Diana Gibson, Minister of Citizens’ Services: https://www.leg.bc.ca/members/43rd-Parliament/Gibson-Diana
Jody Toor, Opposition Critic for Citizens’ Services: https://www.leg.bc.ca/members/43rd-Parliament/Toor-Jody
Rob Botterell, Green Party Critic: https://www.leg.bc.ca/members/43rd-Parliament/Botterell-Rob
-30-
For more information or interviews with FIPA President Mike Larsen, or FIPA Executive Director contact the FIPA office at: 604-739-9788 mike @ fipa.bc.ca
Tags