This a side by side comparison between Bill 22 and FIPPA. Changes are marked in column three in red font; where entire sections were repealed, we highlighted them in red; where language was struck out, without anything being added to replace it, we bracketed the language, and noted it was struck out in red font.
BIll 22 FIPPA Comparison
| wdt_ID | Details | Part and Section | Current FIPPA | Bill 22 |
|---|---|---|---|---|
| 1 | More details | Part 1 Introductory Provisions 1 Definitions | In this Act: "aboriginal government" means an aboriginal organization exercising governmental functions; "access" means, for the purposes of Part 3, disclosure of personal information by the provision of access to personal information; "adjudicator" means a person designated under section 60; "affiliate" means an affiliate within the meaning of the Business Corporations Act; "agency" means, for the purposes of sections 33.2 (d) and 36.1 (3) (b) (i) and the definitions of "common or integrated program or activity" and "data-linking initiative", (a)a government institution subject to the Privacy Act (Canada), (b)an organization (i)subject to the Personal Information Protection Act, or (ii)operating in British Columbia that is subject to the Personal Information Protection and Electronic Documents Act (Canada), (c)a public body, a government institution or an institution as defined in applicable provincial legislation having the same effect as this Act, or (d)a prescribed entity; "associate" means, in relation to a service provider, (a)an officer, director or partner of the service provider, (b)an affiliate of the service provider, (c)a subcontractor, or further sub-subcontractor, of the service provider or an affiliate of the service provider, or (d)an employee, officer, director or partner of an affiliate referred to in paragraph (b) or of a subcontractor or further sub-subcontractor referred to in paragraph (c), to or through whom access is made available to personal information that is (e)subject to Division 2 [Use and Disclosure of Personal Information by Public Bodies] of Part 3, and (f)held because of the service provider's status as a service provider; "commissioner" means the commissioner appointed under section 37 (1) or 39 (1); "common or integrated program or activity" means a program or activity that (a)provides one or more services through (i)a public body and one or more other public bodies or agencies working collaboratively, or (ii)one public body working on behalf of one or more other public bodies or agencies, and (b)is confirmed by regulation as being a common or integrated program or activity; "contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual; "data linking" means the linking or combining of personal information in one database with personal information in one or more other databases if the purpose of the linking or combining is different from (a)the purpose for which the information in each database was originally obtained or compiled, and (b)every purpose that is consistent with each purpose referred to in paragraph (a); "data-linking initiative" means a new or newly revised enactment, system, project, program or activity that has, as a component, data linking between (a)two or more public bodies, or (b)one or more public bodies and one or more agencies; "day" does not include a holiday or a Saturday; "digital archives" has the same meaning as in the Information Management Act; "domestic violence" means physical or sexual abuse of (a)an individual, (b)a parent or child of the individual referred to in paragraph (a), or (c)any other individual who is in a prescribed relationship with the individual referred to in paragraph (a) by an intimate partner of the individual referred to in paragraph (a); "educational body" means (a)a university as defined in the University Act, (b)[Repealed 2003-5-19.] (c)Royal Roads University, (c.1)[Repealed 2002-35-8.] (d)an institution as defined in the College and Institute Act, (d.1)the Thompson Rivers University, (e)[Repealed 2004-33-18.] (f)[Repealed 2003-48-14.] (g)a board as defined in the School Act, or (h)a francophone education authority as defined in the School Act; "employee", in relation to a public body, includes (a)a volunteer, and (b)a service provider; "exercise of prosecutorial discretion" means the exercise by (a)Crown counsel, or a special prosecutor, of a duty or power under the Crown Counsel Act, including the duty or power (i)to approve or not to approve a prosecution, (ii)to stay a proceeding, (iii)to prepare for a hearing or trial, (iv)to conduct a hearing or trial, (v)to take a position on sentence, and (vi)to initiate an appeal, or (b)a federal prosecutor, or an individual retained as a federal prosecutor, of a duty or power under the Director of Public Prosecutions Act (Canada), including a duty or power (i)to initiate and conduct prosecutions, and (ii)to conduct any appeal related to such a prosecution or proceeding; "head", in relation to a public body, means (a)if the public body is a ministry or office of the government of British Columbia, the member of the Executive Council who presides over it, (b)if the public body is designated in, or added by regulation to, Schedule 2, the person designated as the head of that public body in that Schedule or by regulation, and (c)in any other case, the person or group of persons designated under section 77 as the head of the public body; "health care body" means (a)a hospital as defined in section 1 of the Hospital Act, (b)a Provincial auxiliary hospital established under the Hospital (Auxiliary) Act, (c)a regional hospital district and a regional hospital district board under the Hospital District Act, (d) and (e)[Repealed 2008-28-147.] (f)a Provincial mental health facility as defined in the Mental Health Act, (g)a regional health board designated under section 4 (1) of the Health Authorities Act, or (h)[Repealed 2002-61-17.] (i)British Columbia Emergency Health Services, as described in section 2 (1) of the Emergency Health Services Act; "intimate partner" includes, with respect to an individual, (a)a current or former spouse of the individual, by marriage or common law, (b)a current or former boyfriend or girlfriend of the individual, and (c)an individual referred to in paragraph (a) or (b) who is the same gender as the individual; "judicial administration record" means a record containing information relating to a judge, master or a justice of the peace, including (a)scheduling of judges and trials, (b)content of judicial training programs, (c)statistics of judicial activity prepared by or for a judge, and (d)a record of the judicial council of the Provincial Court; "law enforcement" means (a)policing, including criminal intelligence operations, (b)investigations that lead or could lead to a penalty or sanction being imposed, or (c)proceedings that lead or could lead to a penalty or sanction being imposed; "local government body" means (a)a municipality, (b)[Repealed 2003-52-79.] (c)a regional district, (d)an improvement district as defined in the Local Government Act, (e)a local area as defined in the Local Services Act, (f)a greater board as defined in the Community Charter or any incorporated board that provides similar services and is incorporated by letters patent, (g)a board of variance established under Division 15 of Part 14 of the Local Government Act or section 572 of the Vancouver Charter, (h)the trust council, the executive committee, a local trust committee and the Islands Trust Conservancy, as these are defined in the Islands Trust Act, (i)the Okanagan Basin Water Board, (j)a water users' community as defined in section 1 (1) of the Water Users' Communities Act, (k)the Okanagan-Kootenay Sterile Insect Release Board, (l)a municipal police board established under section 23 of the Police Act, (m)a library board as defined in the Library Act, (n)any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in paragraphs (a) to (m) and all the members or officers of which are appointed or chosen by or under the authority of that body, (o)a board of trustees established under section 37 of the Cremation, Interment and Funeral Services Act, (p)the South Coast British Columbia Transportation Authority, or (q)the Park Board referred to in section 485 of the Vancouver Charter; "local public body" means (a)a local government body, (b)a health care body, (b.1)a social services body, (c)an educational body, or (d)a governing body of a profession or occupation, if the governing body is designated in, or added by regulation to, Schedule 3; "minister responsible for this Act" means the member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of this Act; "museum archives of government" has the same meaning as in the Museum Act; "officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Human Rights Commissioner, the Chief Electoral Officer, the merit commissioner appointed under the Public Service Act, the Representative for Children and Youth or the Ombudsperson; "personal identity information" means any personal information of a type that is commonly used, alone or in combination with other information, to identify or purport to identify an individual; "personal information" means recorded information about an identifiable individual other than contact information; "program or activity" includes, when used in relation to a public body, a common or integrated program or activity respecting which the public body provides one or more services; "prosecution" means the prosecution of an offence under an enactment of British Columbia or Canada; "provincial identity information services provider" means a provincial identity information services provider designated under section 69.2 (1); "public body" means (a)a ministry of the government of British Columbia, (b)an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2, or (c)a local public body but does not include (d)the office of a person who is a member or officer of the Legislative Assembly, or (e)the Court of Appeal, Supreme Court or Provincial Court; "record" includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records; "service provider" means a person retained under a contract to perform services for a public body; "social media site" means the Internet site referred to as Facebook, YouTube, Twitter or MySpace or a prescribed social media site; "social services body" means Community Living British Columbia established under the Community Living Authority Act; "third party", in relation to a request for access to a record or for correction of personal information, means any person, group of persons or organization other than (a)the person who made the request, or (b)a public body; "trade secret" means information, including a formula, pattern, compilation, program, device, product, method, technique or process, that (a)is used, or may be used, in business or for any commercial advantage, (b)derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, (c)is the subject of reasonable efforts to prevent it from becoming generally known, and (d)the disclosure of which would result in harm or improper benefit. | In this Act: "aboriginal government" means an aboriginal organization exercising governmental functions; "access" means, for the purposes of Part 3, disclosure of personal information by the provision of access to personal information; "adjudicator" means a person designated under section 60; "affiliate" means an affiliate within the meaning of the Business Corporations Act; "agency" means, for the purposes of sections 33.2 (d) and 36.1 (3) (b) (i) and the definitions of "common or integrated program or activity" and "data-linking initiative", (a)a government institution subject to the Privacy Act (Canada), (b)an organization (i)subject to the Personal Information Protection Act, or (ii)operating in British Columbia that is subject to the Personal Information Protection and Electronic Documents Act (Canada), (c)a public body, a government institution or an institution as defined in applicable provincial legislation having the same effect as this Act, or (d)a prescribed entity; "associate" means, in relation to a service provider, (a)an officer, director or partner of the service provider, (b)an affiliate of the service provider, (c)a subcontractor, or further sub-subcontractor, of the service provider or an affiliate of the service provider, or (d)an employee, officer, director or partner of an affiliate referred to in paragraph (b) or of a subcontractor or further sub-subcontractor referred to in paragraph (c), to or through whom access is made available to personal information that is (e)subject to Division 2 [Use and Disclosure of Personal Information by Public Bodies] of Part 3, and (f)held because of the service provider's status as a service provider; "commissioner" means the commissioner appointed under section 37 (1) or 39 (1); "common or integrated program or activity" means a program or activity that (a)provides one or more services through (i)a public body and one or more other public bodies or agencies working collaboratively, or (ii)one public body working on behalf of one or more other public bodies or agencies, and (b)is confirmed by regulation as being a common or integrated program or activity; "contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual; "data linking" means the linking or combining of personal information in one database with personal information in one or more other databases if the purpose of the linking or combining is different from (a)the purpose for which the information in each database was originally obtained or compiled, and (b)every purpose that is consistent with each purpose referred to in paragraph (a); "data-linking initiative" means a new or newly revised enactment, system, project, program or activity that has, as a component, data linking between (a)two or more public bodies, or (b)one or more public bodies and one or more agencies; "day" does not include a holiday or a Saturday; "digital archives" has the same meaning as in the Information Management Act; "domestic violence" means physical or sexual abuse of (a)an individual, (b)a parent or child of the individual referred to in paragraph (a), or (c)any other individual who is in a prescribed relationship with the individual referred to in paragraph (a) by an intimate partner of the individual referred to in paragraph (a); "educational body" means (a)a university as defined in the University Act, (b)[Repealed 2003-5-19.] (c)Royal Roads University, (c.1)[Repealed 2002-35-8.] (d)an institution as defined in the College and Institute Act, (d.1)the Thompson Rivers University, (e)[Repealed 2004-33-18.] (f)[Repealed 2003-48-14.] (g)a board as defined in the School Act, or (h)a francophone education authority as defined in the School Act; "employee", in relation to a public body, includes (a)a volunteer, and (b)a service provider; "exercise of prosecutorial discretion" means the exercise by (a)Crown counsel, or a special prosecutor, of a duty or power under the Crown Counsel Act, including the duty or power (i)to approve or not to approve a prosecution, (ii)to stay a proceeding, (iii)to prepare for a hearing or trial, (iv)to conduct a hearing or trial, (v)to take a position on sentence, and (vi)to initiate an appeal, or (b)a federal prosecutor, or an individual retained as a federal prosecutor, of a duty or power under the Director of Public Prosecutions Act (Canada), including a duty or power (i)to initiate and conduct prosecutions, and (ii)to conduct any appeal related to such a prosecution or proceeding; "head", in relation to a public body, means (a)if the public body is a ministry or office of the government of British Columbia, the member of the Executive Council who presides over it, (b)if the public body is designated in, or added by regulation to, Schedule 2, the person designated as the head of that public body in that Schedule or by regulation, and (c)in any other case, the person or group of persons designated under section 77 as the head of the public body; "health care body" means (a)a hospital as defined in section 1 of the Hospital Act, (b)a Provincial auxiliary hospital established under the Hospital (Auxiliary) Act, (c)a regional hospital district and a regional hospital district board under the Hospital District Act, (d) and (e)[Repealed 2008-28-147.] (f)a Provincial mental health facility as defined in the Mental Health Act, (g)a regional health board designated under section 4 (1) of the Health Authorities Act, or (h)[Repealed 2002-61-17.] (i)British Columbia Emergency Health Services, as described in section 2 (1) of the Emergency Health Services Act; "intimate partner" includes, with respect to an individual, (a)a current or former spouse of the individual, by marriage or common law, (b)a current or former boyfriend or girlfriend of the individual, and (c)an individual referred to in paragraph (a) or (b) who is the same gender as the individual; "judicial administration record" means a record containing information relating to a judge, master or a justice of the peace, including (a)scheduling of judges and trials, (b)content of judicial training programs, (c)statistics of judicial activity prepared by or for a judge, and (d)a record of the judicial council of the Provincial Court; "law enforcement" means (a)policing, including criminal intelligence operations, (b)investigations that lead or could lead to a penalty or sanction being imposed, or (c)proceedings that lead or could lead to a penalty or sanction being imposed; "local government body" means (a)a municipality, (b)[Repealed 2003-52-79.] (c)a regional district, (d)an improvement district as defined in the Local Government Act, (e)a local area as defined in the Local Services Act, (f)a greater board as defined in the Community Charter or any incorporated board that provides similar services and is incorporated by letters patent, (g)a board of variance established under Division 15 of Part 14 of the Local Government Act or section 572 of the Vancouver Charter, (h)the trust council, the executive committee, a local trust committee and the Islands Trust Conservancy, as these are defined in the Islands Trust Act, (i)the Okanagan Basin Water Board, (j)a water users' community as defined in section 1 (1) of the Water Users' Communities Act, (k)the Okanagan-Kootenay Sterile Insect Release Board, (l)a municipal police board established under section 23 of the Police Act, (m)a library board as defined in the Library Act, (n)any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in paragraphs (a) to (m) and all the members or officers of which are appointed or chosen by or under the authority of that body, (o)a board of trustees established under section 37 of the Cremation, Interment and Funeral Services Act, (p)the South Coast British Columbia Transportation Authority, or (q)the Park Board referred to in section 485 of the Vancouver Charter; "local public body" means (a)a local government body, (b)a health care body, (b.1)a social services body, (c)an educational body, or (d)a governing body of a profession or occupation, if the governing body is designated in, or added by regulation to, Schedule 3; "minister responsible for this Act" means the member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of this Act; "museum archives of government" has the same meaning as in the Museum Act; "officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Human Rights Commissioner, the Chief Electoral Officer, the merit commissioner appointed under the Public Service Act, the Representative for Children and Youth or the Ombudsperson; "personal identity information" means any personal information of a type that is commonly used, alone or in combination with other information, to identify or purport to identify an individual; "personal information" means recorded information about an identifiable individual other than contact information; "program or activity" includes, when used in relation to a public body, a common or integrated program or activity respecting which the public body provides one or more services; "prosecution" means the prosecution of an offence under an enactment of British Columbia or Canada; "provincial identity information services provider" means a provincial identity information services provider designated under section 69.2 (1); "public body" means (a)a ministry of the government of British Columbia, (b)an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2, or (c)a local public body but does not include (d)the office of a person who is a member or officer of the Legislative Assembly, or (e)the Court of Appeal, Supreme Court or Provincial Court; "record" includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records; "service provider" means a person retained under a contract to perform services for a public body; "social media site" means the Internet site referred to as Facebook, YouTube, Twitter or MySpace or a prescribed social media site; "social services body" means Community Living British Columbia established under the Community Living Authority Act; "third party", in relation to a request for access to a record or for correction of personal information, means any person, group of persons or organization other than (a)the person who made the request, or (b)a public body; "trade secret" means information, including a formula, pattern, compilation, program, device, product, method, technique or process, that (a)is used, or may be used, in business or for any commercial advantage, (b)derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, (c)is the subject of reasonable efforts to prevent it from becoming generally known, and (d)the disclosure of which would result in harm or improper benefit. |
| 2 | More details | Part 1 Introductory Provisions 2 Purposes of this Act | (1)The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by (a)giving the public a right of access to records, (b)giving individuals a right of access to, and a right to request correction of, personal information about themselves, (c)specifying limited exceptions to the rights of access, (d)preventing the unauthorized collection, use or disclosure of personal information by public bodies, and (e)providing for an independent review of decisions made under this Act. (2)This Act does not replace other procedures for access to information or limit in any way access to information that is not personal information and is available to the public. | (1)The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by (a)giving the public a right of access to records, (b)giving individuals a right of access to, and a right to request correction of, personal information about themselves, (c)specifying limited exceptions to the right of access, (d)preventing the unauthorized collection, use or disclosure of personal information by public bodies, and (e)providing for an independent review of decisions made under this Act. (2)This Act does not replace other procedures for access to information or limit in any way access to information that is not personal information and is available to the public. |
| 3 | More details | Part 1 Introductory Provisions 3 Scope of this act | (1)This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following: (a)a court record, a record of a judge of the Court of Appeal, Supreme Court or Provincial Court, a record of a master of the Supreme Court, a record of a justice of the peace, a judicial administration record or a record relating to support services provided to the judges of those courts; (b)a personal note, communication or draft decision of a person who is acting in a judicial or quasi judicial capacity; (c)subject to subsection (3), a record that is created by or for, or is in the custody or control of, an officer of the Legislature and that relates to the exercise of that officer's functions under an Act; (c.1)[Repealed 2002-50-19.] (c.2)subject to subsection (4), a record that is created by or for, or is in the custody or control of, the auditor general appointed under the Auditor General for Local Government Act and that relates to the exercise of his or her functions under that Act; (d)a record of a question that is to be used on an examination or test; (e)a record containing teaching materials or research information of (i)a faculty member, as defined in the College and Institute Act and the University Act, of a post-secondary educational body, (ii)a teaching assistant or research assistant employed at a post-secondary educational body, or (iii)other persons teaching or carrying out research at a post-secondary educational body; (f)material placed in the digital archives or the museum archives of government by or for a person or agency other than a public body; (g)material placed in the archives of a public body by or for a person or agency other than a public body; (h)a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed; (i)[Repealed 2011-17-1.] (j)a record that is available for purchase by the public; (k)a record of a service provider that is not related to the provision of services for a public body. (2)This Act does not limit the information available by law to a party to a proceeding. (3)The following sections apply to officers of the Legislature, their employees and, in relation to their service providers, the employees and associates of those service providers, as if the officers and their offices were public bodies: (a)section 30 [protection of personal information]; (b)section 30.1 [storage and access must be in Canada]; (c)section 30.2 [obligation to report foreign demand for disclosure]; (d)section 30.3 [whistle-blower protection]; (e)section 30.4 [unauthorized disclosure prohibited]; (e.1)section 30.5 [notification of unauthorized disclosure]; (f)section 33 [disclosure of personal information]; (g)section 33.1 [disclosure inside or outside Canada]; (h)section 33.2 [disclosure inside Canada only]; (i)section 74.1 [privacy protection offences]. (4)The sections referred to in subsection (3) apply to the auditor general appointed under the Auditor General for Local Government Act, employees appointed under that Act and, in relation to service providers to the auditor general, the employees and associates of those service providers, as if the auditor general and his or her office were public bodies. | (1) Subject to subsections (3) to (5), this Act applies to all records in the custody or under the control of a public body, including court administration records. (2) Part 3 applies (a) to all employees, officers and directors of a public body, and (b) in the case of an employee that is a service provider, to all employees and associates of the service provider. (3) This Act does not apply to the following: (a) a court record; (b) a record of (i) a judge of the Court of Appeal, Supreme Court or Provincial Court, (ii) a master of the Supreme Court, or (iii) a justice of the peace; (c) a judicial administration record; (d) a record relating to support services provided to a judge of a court referred to in paragraph (b) (i); (e) a personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity; (f) a record that is created by or for, or is in the custody or under the control of, an officer of the Legislature and that relates to the exercise of functions under an Act; (g) a record that is created by or for, or is in the custody or under the control of, the auditor general under the Auditor General for Local Government Act and that relates to the exercise of functions under that Act; (h) a record of a question or answer to be used on an examination or test; (i) a record containing teaching or research materials of (i) a faculty member, as defined in the College and Institute Act and the University Act, of a post-secondary educational body, (ii) a teaching assistant or research assistant employed at a post-secondary educational body, or (iii) another person teaching or carrying out research at a post-secondary educational body; (j) a record placed in the archives of a public body, or the digital archives or museum archives of government, by or for a person or agency other than a public body; (k) a record relating to a prosecution if not all proceedings in respect of the prosecution have been completed; (l) a record of a service provider that is not related to the provision of services for a public body. (4) This Act, other than sections 30, 30.3, 30.5 (2), 33 and 65.3 to 65.6, does not apply to (a) an officer of the Legislature, including all employees of the officer of the Legislature and, in the case of an employee that is a service provider, all employees and associates of the service provider, or (b) the auditor general under the Auditor General for Local Government Act, including all employees of that auditor general and, in the case of an employee that is a service provider, all employees and associates of the service provider. (5) Part 2 does not apply to the following: (a) a record that is available for purchase by the public; (b) a record that does not relate to the business of the public body; (c) a record of metadata that (i) is generated by an electronic system, and (ii) describes an individual's interaction with the electronic system; (d) an electronic record that has been lawfully deleted by an employee of a public body and can no longer be accessed by the employee. (6) This Act does not limit the information available by law to a party to a proceeding. (7) If a provision of this Act is inconsistent or in conflict with a provision of another Act, this Act prevails unless the other Act expressly provides that it, or a provision of it, applies despite this Act. |
| 4 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 4 Information Rights | (1)A person who makes a request under section 5 has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant. (2)The right of access to a record does not extend to information excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record an applicant has the right of access to the remainder of the record. (3)The right of access to a record is subject to the payment of any fee required under section 75. | (1) Subject to subsections (2) and (3), an applicant who makes a request under section 5 has a right of access to a record in the custody or under the control of a public body, including a record containing personal information about the applicant. (2) The right of access to a record does not extend to information that is excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record. (3) The right of access to a record is subject to the payment of fees, if any, required under section 75. |
| 5 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 5 How to make a request | (1)To obtain access to a record, the applicant must make a written request that (a)provides sufficient detail to enable an experienced employee of the public body, with a reasonable effort, to identify the records sought, (b)provides written proof of the authority of the applicant to make the request, if the applicant is acting on behalf of another person in accordance with the regulations, and (c)is submitted to the public body that the applicant believes has custody or control of the record. (2)The applicant may ask for a copy of the record or ask to examine the record. | (1)To obtain access to a record, the applicant must make a written request that (a)provides enough detail to enable an experienced employee of the public body, with a reasonable effort, to identify the record sought, (b)provides written proof of the authority of the applicant to make the request, if the applicant is acting on behalf of another person in accordance with the regulations, and (c)is submitted to the public body that the applicant believes has custody or control of the record. (2)The applicant may ask for a copy of the record or ask to examine the record. |
| 6 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 6 Duty to assist applicants | (1)The head of a public body must make every reasonable effort to assist applicants and to respond without delay to each applicant openly, accurately and completely. (2)Moreover, the head of a public body must create a record for an applicant if (a)the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise, and (b)creating the record would not unreasonably interfere with the operations of the public body. | (1)The head of a public body must make every reasonable effort to assist applicants and to respond without delay to each applicant openly, accurately and completely. (2)Moreover, the head of a public body must create for an applicant a record to which section 4 gives a right of access (a)the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise, and (b)creating the record would not unreasonably interfere with the operations of the public body. |
| 7 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 7 Time limit for responding | (1)Subject to this section and sections 23 and 24 (1), the head of a public body must respond not later than 30 days after receiving a request described in section 5 (1). (2)The head of the public body is not required to comply with subsection (1) if (a)the time limit is extended under section 10, or (b)the request has been transferred under section 11 to another public body. (3)If the head of a public body asks the commissioner under section 43 for authorization to disregard a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the application is made under section 43 to the end of the day a decision is made by the commissioner with respect to that application. (4)If the head of a public body determines that an applicant is to pay fees for services related to a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the head of the public body gives the applicant a written estimate of the total fees to the end of the day one of the following occurs: (a)the head of the public body excuses the applicant from paying all of the fees under section 75 (5); (b)the head of the public body excuses the applicant from paying part of the fees under section 75 (5), and the applicant agrees to pay the remainder and, if required by the head of a public body, pays the deposit required; (c)the applicant agrees to pay the fees set out in the written estimate and, if required by the head of a public body, pays the deposit required. (5)If an applicant asks the commissioner under section 52 (1) to review a fee estimate or a refusal to excuse the payment of all or part of the fee required by the head of the public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the applicant asks for the review to the end of the day the commissioner makes a decision. (6)If a third party asks under section 52 (2) that the commissioner review a decision of the head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the written request for review is delivered to the commissioner to the end of the day the commissioner makes a decision with respect to the review requested. (7)If a person asks under section 62 (2) for a review of a decision of the commissioner as head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the request for review is delivered to the minister responsible for this Act to the end of the day the adjudicator makes a decision with respect to the review requested. | (1)Subject to this section and sections 23 and 24 (1), the head of a public body must respond not later than 30 days after receiving a request described in section 5 (1). (2)The head of the public body is not required to comply with subsection (1) if (a)the time limit is extended under section 10, or (b)the request has been transferred under section 11 to another public body. (3)If the head of a public body asks the commissioner under section 43 for authorization to disregard a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the application is made under section 43 to the end of the day a decision is made by the commissioner with respect to that application. (4) If the head of a public body determines that an applicant is to pay fees under section 75 (1) (a) or (b), the 30 days referred to in subsection (1) of this section do not include the period of time from that determination until one of the following occurs: (a) the head of the public body excuses the applicant from paying all of the fees for services; (b) the head of the public body excuses the applicant from paying some of the fees for services and the applicant agrees to pay the remainder and, if required by the head of the public body, pays the deposit required; (c) the applicant agrees to pay the fees for services set out in the written estimate and, if required by the head of the public body, pays the deposit required; (d) the applicant pays the application fee. (5)If an applicant asks the commissioner under section 52 (1) to review a fee estimate or a refusal to excuse the payment of all or part of a fee required by the head of the public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the applicant asks for the review to the end of the day the commissioner makes a decision. (6)If a third party asks under section 52 (2) that the commissioner review a decision of the head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the written request for review is delivered to the commissioner to the end of the day the commissioner makes a decision with respect to the review requested. (7)If a person asks under section 62 (2) for a review of a decision of the commissioner as head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the request for review is delivered to the minister responsible for this Act to the end of the day the adjudicator makes a decision with respect to the review requested. |
| 8 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 8 Contents of response | (1)In a response under section 7, the head of the public body must tell the applicant (a)whether or not the applicant is entitled to access to the record or to part of the record, (b)if the applicant is entitled to access, where, when and how access will be given, and (c)if access to the record or to part of the record is refused, (i)the reasons for the refusal and the provision of this Act on which the refusal is based, (ii)the name, title, business address and business telephone number of an officer or employee of the public body who can answer the applicant's questions about the refusal, and (iii)that the applicant may ask for a review under section 53 or 63. (2)Despite subsection (1) (c) (i), the head of a public body may refuse in a response to confirm or deny the existence of (a)a record containing information described in section 15 [information harmful to law enforcement], or (b)a record containing personal information of a third party if disclosure of the existence of the information would be an unreasonable invasion of that party's personal privacy. | (1)In a response under section 7, the head of the public body must tell the applicant (a)whether or not the applicant is entitled to access to the record or to part of the record, (b)if the applicant is entitled to access, where, when and how access will be given, and (c)if access to the record or to part of the record is refused, (i)the reasons for the refusal and the provision of this Act on which the refusal is based, (ii) the contact information of an officer or employee of the public body who can answer the applicant's questions about the refusal, and (iii)that the applicant may ask for a review under section 53 or 63. (2)Despite subsection (1) (c) (i), the head of a public body may refuse in a response to confirm or deny the existence of (a)a record containing information described in section 15 [information harmful to law enforcement], or (b)a record containing personal information of a third party if disclosure of the existence of the information would be an unreasonable invasion of that party's personal privacy. |
| 9 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 9 How access will be given | (1)If an applicant is told under section 8 (1) that access will be given, the head of the public body concerned must comply with subsection (2), (2.1) or (3) of this section. (2)If the applicant has asked for a copy under section 5 (2) and the record can reasonably be reproduced, a copy of the record or part of the record must be provided with the response. (2.1)If the applicant has asked for a copy under section 5 (2) in electronic form and it is reasonable to provide the record in that form, a copy of the record or part of the record must be provided in that form with the response. (3)If the applicant has asked to examine the record under section 5 (2) or if the record cannot be provided in accordance with subsection (2) or (2.1) of this section, as applicable, the applicant must (a)be permitted to examine the record or part of the record if the record or part of the record can reasonably be examined, or (b)be given access in accordance with the regulations. | (1)If an applicant is told under section 8 (1) that access will be given, the head of the public body ("concerned" struck out) must comply with subsection (2), (2.1) or (3) of this section. (2)If the applicant has asked for a copy under section 5 (2) and the record can reasonably be reproduced, a copy of the record or part of the record must be provided with the response. (2.1)If the applicant has asked for a copy under section 5 (2) in electronic form and it is reasonable to provide the record in that form, a copy of the record or part of the record must be provided in that form with the response. (3)If the applicant has asked to examine the record under section 5 (2) or if the record cannot be provided in accordance with subsection (2) or (2.1) of this section, as applicable, the applicant must (a)be permitted to examine the record or part of the record if the record or part of the record can reasonably be examined, or (b)be given access in accordance with the regulations. |
| 10 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 10 Extending the time limit for responding | (1)The head of a public body may extend the time for responding to a request for up to 30 days if one or more of the following apply: (a)the applicant does not give enough detail to enable the public body to identify a requested record; (b)a large number of records are requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the public body; (c)more time is needed to consult with a third party or other public body before the head can decide whether or not to give the applicant access to a requested record; (d)the applicant has consented, in the prescribed manner, to the extension. (2)In addition to the authority under subsection (1), with the permission of the commissioner, the head of a public body may extend the time for responding to a request as follows: (a)if one or more of the circumstances described in subsection (1) (a) to (d) apply, for a period of longer than the 30 days permitted under that subsection; (b)if the commissioner otherwise considers that it is fair and reasonable to do so, as the commissioner considers appropriate. (3)If the time for responding to a request is extended under this section, the head of the public body must tell the applicant (a)the reason for the extension, (b)when a response can be expected, and (c)in the case of an extension under subsection (1) (a) to (c), that the applicant may complain about the extension under section 42 (2) (b) or 60 (1) (a). | (1)The head of a public body may extend the time for responding to a request for up to 30 days if one or more of the following apply: (a)the applicant does not give enough detail to enable the public body to identify a requested record; (b)a large number of records are requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the public body; (c)more time is needed to consult with a third party or other public body before the head can decide whether or not to give the applicant access to a requested record; (d)the applicant has consented, in the prescribed manner, to the extension. (2)In addition to the authority under subsection (1), with the permission of the commissioner, the head of a public body may extend the time for responding to a request as follows: (a)if one or more of the circumstances described in subsection (1) (a) to (d) apply, for a period of longer than the 30 days permitted under that subsection; (b)if the commissioner otherwise considers that it is fair and reasonable to do so, as the commissioner considers appropriate. (3)If the time for responding to a request is extended under this section, the head of the public body must tell the applicant (a)the reason for the extension, (b)when a response can be expected, and (c)in the case of an extension under subsection (1) (a) to (c), that the applicant may complain about the extension under section 42 (2) (b) or 60 (1) (a). |
New wpDataTable
| wdt_ID | Details | The Part and Section | Current Freedom of Information and Privacy Protection Act | Bill 22 Text |
|---|---|---|---|---|
| 1 | More details | Part 1 Introductory Provisions 1 Definitions | In this Act: "aboriginal government" means an aboriginal organization exercising governmental functions; "access" means, for the purposes of Part 3, disclosure of personal information by the provision of access to personal information; "adjudicator" means a person designated under section 60; "affiliate" means an affiliate within the meaning of the Business Corporations Act; "agency" means, for the purposes of sections 33.2 (d) and 36.1 (3) (b) (i) and the definitions of "common or integrated program or activity" and "data-linking initiative", (a)a government institution subject to the Privacy Act (Canada), (b)an organization (i)subject to the Personal Information Protection Act, or (ii)operating in British Columbia that is subject to the Personal Information Protection and Electronic Documents Act (Canada), (c)a public body, a government institution or an institution as defined in applicable provincial legislation having the same effect as this Act, or (d)a prescribed entity; "associate" means, in relation to a service provider, (a)an officer, director or partner of the service provider, (b)an affiliate of the service provider, (c)a subcontractor, or further sub-subcontractor, of the service provider or an affiliate of the service provider, or (d)an employee, officer, director or partner of an affiliate referred to in paragraph (b) or of a subcontractor or further sub-subcontractor referred to in paragraph (c), to or through whom access is made available to personal information that is (e)subject to Division 2 [Use and Disclosure of Personal Information by Public Bodies] of Part 3, and (f)held because of the service provider's status as a service provider; "commissioner" means the commissioner appointed under section 37 (1) or 39 (1); "common or integrated program or activity" means a program or activity that (a)provides one or more services through (i)a public body and one or more other public bodies or agencies working collaboratively, or (ii)one public body working on behalf of one or more other public bodies or agencies, and (b)is confirmed by regulation as being a common or integrated program or activity; "contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual; "data linking" means the linking or combining of personal information in one database with personal information in one or more other databases if the purpose of the linking or combining is different from (a)the purpose for which the information in each database was originally obtained or compiled, and (b)every purpose that is consistent with each purpose referred to in paragraph (a); "data-linking initiative" means a new or newly revised enactment, system, project, program or activity that has, as a component, data linking between (a)two or more public bodies, or (b)one or more public bodies and one or more agencies; "day" does not include a holiday or a Saturday; "digital archives" has the same meaning as in the Information Management Act; "domestic violence" means physical or sexual abuse of (a)an individual, (b)a parent or child of the individual referred to in paragraph (a), or (c)any other individual who is in a prescribed relationship with the individual referred to in paragraph (a) by an intimate partner of the individual referred to in paragraph (a); "educational body" means (a)a university as defined in the University Act, (b)[Repealed 2003-5-19.] (c)Royal Roads University, (c.1)[Repealed 2002-35-8.] (d)an institution as defined in the College and Institute Act, (d.1)the Thompson Rivers University, (e)[Repealed 2004-33-18.] (f)[Repealed 2003-48-14.] (g)a board as defined in the School Act, or (h)a francophone education authority as defined in the School Act; "employee", in relation to a public body, includes (a)a volunteer, and (b)a service provider; "exercise of prosecutorial discretion" means the exercise by (a)Crown counsel, or a special prosecutor, of a duty or power under the Crown Counsel Act, including the duty or power (i)to approve or not to approve a prosecution, (ii)to stay a proceeding, (iii)to prepare for a hearing or trial, (iv)to conduct a hearing or trial, (v)to take a position on sentence, and (vi)to initiate an appeal, or (b)a federal prosecutor, or an individual retained as a federal prosecutor, of a duty or power under the Director of Public Prosecutions Act (Canada), including a duty or power (i)to initiate and conduct prosecutions, and (ii)to conduct any appeal related to such a prosecution or proceeding; "head", in relation to a public body, means (a)if the public body is a ministry or office of the government of British Columbia, the member of the Executive Council who presides over it, (b)if the public body is designated in, or added by regulation to, Schedule 2, the person designated as the head of that public body in that Schedule or by regulation, and (c)in any other case, the person or group of persons designated under section 77 as the head of the public body; "health care body" means (a)a hospital as defined in section 1 of the Hospital Act, (b)a Provincial auxiliary hospital established under the Hospital (Auxiliary) Act, (c)a regional hospital district and a regional hospital district board under the Hospital District Act, (d) and (e)[Repealed 2008-28-147.] (f)a Provincial mental health facility as defined in the Mental Health Act, (g)a regional health board designated under section 4 (1) of the Health Authorities Act, or (h)[Repealed 2002-61-17.] (i)British Columbia Emergency Health Services, as described in section 2 (1) of the Emergency Health Services Act; "intimate partner" includes, with respect to an individual, (a)a current or former spouse of the individual, by marriage or common law, (b)a current or former boyfriend or girlfriend of the individual, and (c)an individual referred to in paragraph (a) or (b) who is the same gender as the individual; "judicial administration record" means a record containing information relating to a judge, master or a justice of the peace, including (a)scheduling of judges and trials, (b)content of judicial training programs, (c)statistics of judicial activity prepared by or for a judge, and (d)a record of the judicial council of the Provincial Court; "law enforcement" means (a)policing, including criminal intelligence operations, (b)investigations that lead or could lead to a penalty or sanction being imposed, or (c)proceedings that lead or could lead to a penalty or sanction being imposed; "local government body" means (a)a municipality, (b)[Repealed 2003-52-79.] (c)a regional district, (d)an improvement district as defined in the Local Government Act, (e)a local area as defined in the Local Services Act, (f)a greater board as defined in the Community Charter or any incorporated board that provides similar services and is incorporated by letters patent, (g)a board of variance established under Division 15 of Part 14 of the Local Government Act or section 572 of the Vancouver Charter, (h)the trust council, the executive committee, a local trust committee and the Islands Trust Conservancy, as these are defined in the Islands Trust Act, (i)the Okanagan Basin Water Board, (j)a water users' community as defined in section 1 (1) of the Water Users' Communities Act, (k)the Okanagan-Kootenay Sterile Insect Release Board, (l)a municipal police board established under section 23 of the Police Act, (m)a library board as defined in the Library Act, (n)any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in paragraphs (a) to (m) and all the members or officers of which are appointed or chosen by or under the authority of that body, (o)a board of trustees established under section 37 of the Cremation, Interment and Funeral Services Act, (p)the South Coast British Columbia Transportation Authority, or (q)the Park Board referred to in section 485 of the Vancouver Charter; "local public body" means (a)a local government body, (b)a health care body, (b.1)a social services body, (c)an educational body, or (d)a governing body of a profession or occupation, if the governing body is designated in, or added by regulation to, Schedule 3; "minister responsible for this Act" means the member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of this Act; "museum archives of government" has the same meaning as in the Museum Act; "officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Human Rights Commissioner, the Chief Electoral Officer, the merit commissioner appointed under the Public Service Act, the Representative for Children and Youth or the Ombudsperson; "personal identity information" means any personal information of a type that is commonly used, alone or in combination with other information, to identify or purport to identify an individual; "personal information" means recorded information about an identifiable individual other than contact information; "program or activity" includes, when used in relation to a public body, a common or integrated program or activity respecting which the public body provides one or more services; "prosecution" means the prosecution of an offence under an enactment of British Columbia or Canada; "provincial identity information services provider" means a provincial identity information services provider designated under section 69.2 (1); "public body" means (a)a ministry of the government of British Columbia, (b)an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2, or (c)a local public body but does not include (d)the office of a person who is a member or officer of the Legislative Assembly, or (e)the Court of Appeal, Supreme Court or Provincial Court; "record" includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records; "service provider" means a person retained under a contract to perform services for a public body; "social media site" means the Internet site referred to as Facebook, YouTube, Twitter or MySpace or a prescribed social media site; "social services body" means Community Living British Columbia established under the Community Living Authority Act; "third party", in relation to a request for access to a record or for correction of personal information, means any person, group of persons or organization other than (a)the person who made the request, or (b)a public body; "trade secret" means information, including a formula, pattern, compilation, program, device, product, method, technique or process, that (a)is used, or may be used, in business or for any commercial advantage, (b)derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, (c)is the subject of reasonable efforts to prevent it from becoming generally known, and (d)the disclosure of which would result in harm or improper benefit. | In this Act: "aboriginal government" means an aboriginal organization exercising governmental functions; "access" means, for the purposes of Part 3, disclosure of personal information by the provision of access to personal information; "adjudicator" means a person designated under section 60; "affiliate" means an affiliate within the meaning of the Business Corporations Act; "agency" means, for the purposes of sections 33.2 (d) and 36.1 (3) (b) (i) and the definitions of "common or integrated program or activity" and "data-linking initiative", (a)a government institution subject to the Privacy Act (Canada), (b)an organization (i)subject to the Personal Information Protection Act, or (ii)operating in British Columbia that is subject to the Personal Information Protection and Electronic Documents Act (Canada), (c)a public body, a government institution or an institution as defined in applicable provincial legislation having the same effect as this Act, or (d)a prescribed entity; "associate" means, in relation to a service provider, (a)an officer, director or partner of the service provider, (b)an affiliate of the service provider, (c)a subcontractor, or further sub-subcontractor, of the service provider or an affiliate of the service provider, or (d)an employee, officer, director or partner of an affiliate referred to in paragraph (b) or of a subcontractor or further sub-subcontractor referred to in paragraph (c), to or through whom access is made available to personal information that is (e)subject to Division 2 [Use and Disclosure of Personal Information by Public Bodies] of Part 3, and (f)held because of the service provider's status as a service provider; "commissioner" means the commissioner appointed under section 37 (1) or 39 (1); "common or integrated program or activity" means a program or activity that (a)provides one or more services through (i)a public body and one or more other public bodies or agencies working collaboratively, or (ii)one public body working on behalf of one or more other public bodies or agencies, and (b)is confirmed by regulation as being a common or integrated program or activity; "contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual; "data linking" means the linking or combining of personal information in one database with personal information in one or more other databases if the purpose of the linking or combining is different from (a)the purpose for which the information in each database was originally obtained or compiled, and (b)every purpose that is consistent with each purpose referred to in paragraph (a); "data-linking initiative" means a new or newly revised enactment, system, project, program or activity that has, as a component, data linking between (a)two or more public bodies, or (b)one or more public bodies and one or more agencies; "day" does not include a holiday or a Saturday; "digital archives" has the same meaning as in the Information Management Act; "domestic violence" means physical or sexual abuse of (a)an individual, (b)a parent or child of the individual referred to in paragraph (a), or (c)any other individual who is in a prescribed relationship with the individual referred to in paragraph (a) by an intimate partner of the individual referred to in paragraph (a); "educational body" means (a)a university as defined in the University Act, (b)[Repealed 2003-5-19.] (c)Royal Roads University, (c.1)[Repealed 2002-35-8.] (d)an institution as defined in the College and Institute Act, (d.1)the Thompson Rivers University, (e)[Repealed 2004-33-18.] (f)[Repealed 2003-48-14.] (g)a board as defined in the School Act, or (h)a francophone education authority as defined in the School Act; "employee", in relation to a public body, includes (a)a volunteer, and (b)a service provider; "exercise of prosecutorial discretion" means the exercise by (a)Crown counsel, or a special prosecutor, of a duty or power under the Crown Counsel Act, including the duty or power (i)to approve or not to approve a prosecution, (ii)to stay a proceeding, (iii)to prepare for a hearing or trial, (iv)to conduct a hearing or trial, (v)to take a position on sentence, and (vi)to initiate an appeal, or (b)a federal prosecutor, or an individual retained as a federal prosecutor, of a duty or power under the Director of Public Prosecutions Act (Canada), including a duty or power (i)to initiate and conduct prosecutions, and (ii)to conduct any appeal related to such a prosecution or proceeding; "head", in relation to a public body, means (a)if the public body is a ministry or office of the government of British Columbia, the member of the Executive Council who presides over it, (b)if the public body is designated in, or added by regulation to, Schedule 2, the person designated as the head of that public body in that Schedule or by regulation, and (c)in any other case, the person or group of persons designated under section 77 as the head of the public body; "health care body" means (a)a hospital as defined in section 1 of the Hospital Act, (b)a Provincial auxiliary hospital established under the Hospital (Auxiliary) Act, (c)a regional hospital district and a regional hospital district board under the Hospital District Act, (d) and (e)[Repealed 2008-28-147.] (f)a Provincial mental health facility as defined in the Mental Health Act, (g)a regional health board designated under section 4 (1) of the Health Authorities Act, or (h)[Repealed 2002-61-17.] (i)British Columbia Emergency Health Services, as described in section 2 (1) of the Emergency Health Services Act; "intimate partner" includes, with respect to an individual, (a)a current or former spouse of the individual, by marriage or common law, (b)a current or former boyfriend or girlfriend of the individual, and (c)an individual referred to in paragraph (a) or (b) who is the same gender as the individual; "judicial administration record" means a record containing information relating to a judge, master or a justice of the peace, including (a)scheduling of judges and trials, (b)content of judicial training programs, (c)statistics of judicial activity prepared by or for a judge, and (d)a record of the judicial council of the Provincial Court; "law enforcement" means (a)policing, including criminal intelligence operations, (b)investigations that lead or could lead to a penalty or sanction being imposed, or (c)proceedings that lead or could lead to a penalty or sanction being imposed; "local government body" means (a)a municipality, (b)[Repealed 2003-52-79.] (c)a regional district, (d)an improvement district as defined in the Local Government Act, (e)a local area as defined in the Local Services Act, (f)a greater board as defined in the Community Charter or any incorporated board that provides similar services and is incorporated by letters patent, (g)a board of variance established under Division 15 of Part 14 of the Local Government Act or section 572 of the Vancouver Charter, (h)the trust council, the executive committee, a local trust committee and the Islands Trust Conservancy, as these are defined in the Islands Trust Act, (i)the Okanagan Basin Water Board, (j)a water users' community as defined in section 1 (1) of the Water Users' Communities Act, (k)the Okanagan-Kootenay Sterile Insect Release Board, (l)a municipal police board established under section 23 of the Police Act, (m)a library board as defined in the Library Act, (n)any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in paragraphs (a) to (m) and all the members or officers of which are appointed or chosen by or under the authority of that body, (o)a board of trustees established under section 37 of the Cremation, Interment and Funeral Services Act, (p)the South Coast British Columbia Transportation Authority, or (q)the Park Board referred to in section 485 of the Vancouver Charter; "local public body" means (a)a local government body, (b)a health care body, (b.1)a social services body, (c)an educational body, or (d)a governing body of a profession or occupation, if the governing body is designated in, or added by regulation to, Schedule 3; "minister responsible for this Act" means the member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of this Act; "museum archives of government" has the same meaning as in the Museum Act; "officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Human Rights Commissioner, the Chief Electoral Officer, the merit commissioner appointed under the Public Service Act, the Representative for Children and Youth or the Ombudsperson; "personal identity information" means any personal information of a type that is commonly used, alone or in combination with other information, to identify or purport to identify an individual; "personal information" means recorded information about an identifiable individual other than contact information; "program or activity" includes, when used in relation to a public body, a common or integrated program or activity respecting which the public body provides one or more services; "prosecution" means the prosecution of an offence under an enactment of British Columbia or Canada; "provincial identity information services provider" means a provincial identity information services provider designated under section 69.2 (1); "public body" means (a)a ministry of the government of British Columbia, (b)an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2, or (c)a local public body but does not include (d)the office of a person who is a member or officer of the Legislative Assembly, or (e)the Court of Appeal, Supreme Court or Provincial Court; "record" includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records; "service provider" means a person retained under a contract to perform services for a public body; "social media site" means the Internet site referred to as Facebook, YouTube, Twitter or MySpace or a prescribed social media site; "social services body" means Community Living British Columbia established under the Community Living Authority Act; "third party", in relation to a request for access to a record or for correction of personal information, means any person, group of persons or organization other than (a)the person who made the request, or (b)a public body; "trade secret" means information, including a formula, pattern, compilation, program, device, product, method, technique or process, that (a)is used, or may be used, in business or for any commercial advantage, (b)derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, (c)is the subject of reasonable efforts to prevent it from becoming generally known, and (d)the disclosure of which would result in harm or improper benefit. |
| 2 | More details | Part 1 Introductory Provisions 2 Purposes of this Act | (1)The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by (a)giving the public a right of access to records, (b)giving individuals a right of access to, and a right to request correction of, personal information about themselves, (c)specifying limited exceptions to the rights of access, (d)preventing the unauthorized collection, use or disclosure of personal information by public bodies, and (e)providing for an independent review of decisions made under this Act. (2)This Act does not replace other procedures for access to information or limit in any way access to information that is not personal information and is available to the public. | (1)The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by (a)giving the public a right of access to records, (b)giving individuals a right of access to, and a right to request correction of, personal information about themselves, (c)specifying limited exceptions to the right of access, (d)preventing the unauthorized collection, use or disclosure of personal information by public bodies, and (e)providing for an independent review of decisions made under this Act. (2)This Act does not replace other procedures for access to information or limit in any way access to information that is not personal information and is available to the public. |
| 3 | More details | Part 1 Introductory Provisions 3 Scope of this act | (1)This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following: (a)a court record, a record of a judge of the Court of Appeal, Supreme Court or Provincial Court, a record of a master of the Supreme Court, a record of a justice of the peace, a judicial administration record or a record relating to support services provided to the judges of those courts; (b)a personal note, communication or draft decision of a person who is acting in a judicial or quasi judicial capacity; (c)subject to subsection (3), a record that is created by or for, or is in the custody or control of, an officer of the Legislature and that relates to the exercise of that officer's functions under an Act; (c.1)[Repealed 2002-50-19.] (c.2)subject to subsection (4), a record that is created by or for, or is in the custody or control of, the auditor general appointed under the Auditor General for Local Government Act and that relates to the exercise of his or her functions under that Act; (d)a record of a question that is to be used on an examination or test; (e)a record containing teaching materials or research information of (i)a faculty member, as defined in the College and Institute Act and the University Act, of a post-secondary educational body, (ii)a teaching assistant or research assistant employed at a post-secondary educational body, or (iii)other persons teaching or carrying out research at a post-secondary educational body; (f)material placed in the digital archives or the museum archives of government by or for a person or agency other than a public body; (g)material placed in the archives of a public body by or for a person or agency other than a public body; (h)a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed; (i)[Repealed 2011-17-1.] (j)a record that is available for purchase by the public; (k)a record of a service provider that is not related to the provision of services for a public body. (2)This Act does not limit the information available by law to a party to a proceeding. (3)The following sections apply to officers of the Legislature, their employees and, in relation to their service providers, the employees and associates of those service providers, as if the officers and their offices were public bodies: (a)section 30 [protection of personal information]; (b)section 30.1 [storage and access must be in Canada]; (c)section 30.2 [obligation to report foreign demand for disclosure]; (d)section 30.3 [whistle-blower protection]; (e)section 30.4 [unauthorized disclosure prohibited]; (e.1)section 30.5 [notification of unauthorized disclosure]; (f)section 33 [disclosure of personal information]; (g)section 33.1 [disclosure inside or outside Canada]; (h)section 33.2 [disclosure inside Canada only]; (i)section 74.1 [privacy protection offences]. (4)The sections referred to in subsection (3) apply to the auditor general appointed under the Auditor General for Local Government Act, employees appointed under that Act and, in relation to service providers to the auditor general, the employees and associates of those service providers, as if the auditor general and his or her office were public bodies. | (1) Subject to subsections (3) to (5), this Act applies to all records in the custody or under the control of a public body, including court administration records. (2) Part 3 applies (a) to all employees, officers and directors of a public body, and (b) in the case of an employee that is a service provider, to all employees and associates of the service provider. (3) This Act does not apply to the following: (a) a court record; (b) a record of (i) a judge of the Court of Appeal, Supreme Court or Provincial Court, (ii) a master of the Supreme Court, or (iii) a justice of the peace; (c) a judicial administration record; (d) a record relating to support services provided to a judge of a court referred to in paragraph (b) (i); (e) a personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity; (f) a record that is created by or for, or is in the custody or under the control of, an officer of the Legislature and that relates to the exercise of functions under an Act; (g) a record that is created by or for, or is in the custody or under the control of, the auditor general under the Auditor General for Local Government Act and that relates to the exercise of functions under that Act; (h) a record of a question or answer to be used on an examination or test; (i) a record containing teaching or research materials of (i) a faculty member, as defined in the College and Institute Act and the University Act, of a post-secondary educational body, (ii) a teaching assistant or research assistant employed at a post-secondary educational body, or (iii) another person teaching or carrying out research at a post-secondary educational body; (j) a record placed in the archives of a public body, or the digital archives or museum archives of government, by or for a person or agency other than a public body; (k) a record relating to a prosecution if not all proceedings in respect of the prosecution have been completed; (l) a record of a service provider that is not related to the provision of services for a public body. (4) This Act, other than sections 30, 30.3, 30.5 (2), 33 and 65.3 to 65.6, does not apply to (a) an officer of the Legislature, including all employees of the officer of the Legislature and, in the case of an employee that is a service provider, all employees and associates of the service provider, or (b) the auditor general under the Auditor General for Local Government Act, including all employees of that auditor general and, in the case of an employee that is a service provider, all employees and associates of the service provider. (5) Part 2 does not apply to the following: (a) a record that is available for purchase by the public; (b) a record that does not relate to the business of the public body; (c) a record of metadata that (i) is generated by an electronic system, and (ii) describes an individual's interaction with the electronic system; (d) an electronic record that has been lawfully deleted by an employee of a public body and can no longer be accessed by the employee. (6) This Act does not limit the information available by law to a party to a proceeding. (7) If a provision of this Act is inconsistent or in conflict with a provision of another Act, this Act prevails unless the other Act expressly provides that it, or a provision of it, applies despite this Act. |
| 4 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 4 Information Rights | (1)A person who makes a request under section 5 has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant. (2)The right of access to a record does not extend to information excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record an applicant has the right of access to the remainder of the record. (3)The right of access to a record is subject to the payment of any fee required under section 75. | (1) Subject to subsections (2) and (3), an applicant who makes a request under section 5 has a right of access to a record in the custody or under the control of a public body, including a record containing personal information about the applicant. (2) The right of access to a record does not extend to information that is excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record. (3) The right of access to a record is subject to the payment of fees, if any, required under section 75. |
| 5 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 5 How to make a request | (1)To obtain access to a record, the applicant must make a written request that (a)provides sufficient detail to enable an experienced employee of the public body, with a reasonable effort, to identify the records sought, (b)provides written proof of the authority of the applicant to make the request, if the applicant is acting on behalf of another person in accordance with the regulations, and (c)is submitted to the public body that the applicant believes has custody or control of the record. (2)The applicant may ask for a copy of the record or ask to examine the record. | (1)To obtain access to a record, the applicant must make a written request that (a)provides enough detail to enable an experienced employee of the public body, with a reasonable effort, to identify the record sought, (b)provides written proof of the authority of the applicant to make the request, if the applicant is acting on behalf of another person in accordance with the regulations, and (c)is submitted to the public body that the applicant believes has custody or control of the record. (2)The applicant may ask for a copy of the record or ask to examine the record. |
| 6 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 6 Duty to assist applicants | (1)The head of a public body must make every reasonable effort to assist applicants and to respond without delay to each applicant openly, accurately and completely. (2)Moreover, the head of a public body must create a record for an applicant if (a)the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise, and (b)creating the record would not unreasonably interfere with the operations of the public body. | (1)The head of a public body must make every reasonable effort to assist applicants and to respond without delay to each applicant openly, accurately and completely. (2)Moreover, the head of a public body must create for an applicant a record to which section 4 gives a right of access (a)the record can be created from a machine readable record in the custody or under the control of the public body using its normal computer hardware and software and technical expertise, and (b)creating the record would not unreasonably interfere with the operations of the public body. |
| 7 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 7 Time limit for responding | (1)Subject to this section and sections 23 and 24 (1), the head of a public body must respond not later than 30 days after receiving a request described in section 5 (1). (2)The head of the public body is not required to comply with subsection (1) if (a)the time limit is extended under section 10, or (b)the request has been transferred under section 11 to another public body. (3)If the head of a public body asks the commissioner under section 43 for authorization to disregard a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the application is made under section 43 to the end of the day a decision is made by the commissioner with respect to that application. (4)If the head of a public body determines that an applicant is to pay fees for services related to a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the head of the public body gives the applicant a written estimate of the total fees to the end of the day one of the following occurs: (a)the head of the public body excuses the applicant from paying all of the fees under section 75 (5); (b)the head of the public body excuses the applicant from paying part of the fees under section 75 (5), and the applicant agrees to pay the remainder and, if required by the head of a public body, pays the deposit required; (c)the applicant agrees to pay the fees set out in the written estimate and, if required by the head of a public body, pays the deposit required. (5)If an applicant asks the commissioner under section 52 (1) to review a fee estimate or a refusal to excuse the payment of all or part of the fee required by the head of the public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the applicant asks for the review to the end of the day the commissioner makes a decision. (6)If a third party asks under section 52 (2) that the commissioner review a decision of the head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the written request for review is delivered to the commissioner to the end of the day the commissioner makes a decision with respect to the review requested. (7)If a person asks under section 62 (2) for a review of a decision of the commissioner as head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the request for review is delivered to the minister responsible for this Act to the end of the day the adjudicator makes a decision with respect to the review requested. | (1)Subject to this section and sections 23 and 24 (1), the head of a public body must respond not later than 30 days after receiving a request described in section 5 (1). (2)The head of the public body is not required to comply with subsection (1) if (a)the time limit is extended under section 10, or (b)the request has been transferred under section 11 to another public body. (3)If the head of a public body asks the commissioner under section 43 for authorization to disregard a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the application is made under section 43 to the end of the day a decision is made by the commissioner with respect to that application. (4) If the head of a public body determines that an applicant is to pay fees under section 75 (1) (a) or (b), the 30 days referred to in subsection (1) of this section do not include the period of time from that determination until one of the following occurs: (a) the head of the public body excuses the applicant from paying all of the fees for services; (b) the head of the public body excuses the applicant from paying some of the fees for services and the applicant agrees to pay the remainder and, if required by the head of the public body, pays the deposit required; (c) the applicant agrees to pay the fees for services set out in the written estimate and, if required by the head of the public body, pays the deposit required; (d) the applicant pays the application fee. (5)If an applicant asks the commissioner under section 52 (1) to review a fee estimate or a refusal to excuse the payment of all or part of a fee required by the head of the public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the applicant asks for the review to the end of the day the commissioner makes a decision. (6)If a third party asks under section 52 (2) that the commissioner review a decision of the head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the written request for review is delivered to the commissioner to the end of the day the commissioner makes a decision with respect to the review requested. (7)If a person asks under section 62 (2) for a review of a decision of the commissioner as head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the request for review is delivered to the minister responsible for this Act to the end of the day the adjudicator makes a decision with respect to the review requested. |
| 8 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 8 Contents of response | (1)In a response under section 7, the head of the public body must tell the applicant (a)whether or not the applicant is entitled to access to the record or to part of the record, (b)if the applicant is entitled to access, where, when and how access will be given, and (c)if access to the record or to part of the record is refused, (i)the reasons for the refusal and the provision of this Act on which the refusal is based, (ii)the name, title, business address and business telephone number of an officer or employee of the public body who can answer the applicant's questions about the refusal, and (iii)that the applicant may ask for a review under section 53 or 63. (2)Despite subsection (1) (c) (i), the head of a public body may refuse in a response to confirm or deny the existence of (a)a record containing information described in section 15 [information harmful to law enforcement], or (b)a record containing personal information of a third party if disclosure of the existence of the information would be an unreasonable invasion of that party's personal privacy. | (1)In a response under section 7, the head of the public body must tell the applicant (a)whether or not the applicant is entitled to access to the record or to part of the record, (b)if the applicant is entitled to access, where, when and how access will be given, and (c)if access to the record or to part of the record is refused, (i)the reasons for the refusal and the provision of this Act on which the refusal is based, (ii) the contact information of an officer or employee of the public body who can answer the applicant's questions about the refusal, and (iii)that the applicant may ask for a review under section 53 or 63. (2)Despite subsection (1) (c) (i), the head of a public body may refuse in a response to confirm or deny the existence of (a)a record containing information described in section 15 [information harmful to law enforcement], or (b)a record containing personal information of a third party if disclosure of the existence of the information would be an unreasonable invasion of that party's personal privacy. |
| 9 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 9 How access will be given | (1)If an applicant is told under section 8 (1) that access will be given, the head of the public body concerned must comply with subsection (2), (2.1) or (3) of this section. (2)If the applicant has asked for a copy under section 5 (2) and the record can reasonably be reproduced, a copy of the record or part of the record must be provided with the response. (2.1)If the applicant has asked for a copy under section 5 (2) in electronic form and it is reasonable to provide the record in that form, a copy of the record or part of the record must be provided in that form with the response. (3)If the applicant has asked to examine the record under section 5 (2) or if the record cannot be provided in accordance with subsection (2) or (2.1) of this section, as applicable, the applicant must (a)be permitted to examine the record or part of the record if the record or part of the record can reasonably be examined, or (b)be given access in accordance with the regulations. | (1)If an applicant is told under section 8 (1) that access will be given, the head of the public body ("concerned" struck out) must comply with subsection (2), (2.1) or (3) of this section. (2)If the applicant has asked for a copy under section 5 (2) and the record can reasonably be reproduced, a copy of the record or part of the record must be provided with the response. (2.1)If the applicant has asked for a copy under section 5 (2) in electronic form and it is reasonable to provide the record in that form, a copy of the record or part of the record must be provided in that form with the response. (3)If the applicant has asked to examine the record under section 5 (2) or if the record cannot be provided in accordance with subsection (2) or (2.1) of this section, as applicable, the applicant must (a)be permitted to examine the record or part of the record if the record or part of the record can reasonably be examined, or (b)be given access in accordance with the regulations. |
| 10 | More details | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 10 Extending the time limit for responding | (1)The head of a public body may extend the time for responding to a request for up to 30 days if one or more of the following apply: (a)the applicant does not give enough detail to enable the public body to identify a requested record; (b)a large number of records are requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the public body; (c)more time is needed to consult with a third party or other public body before the head can decide whether or not to give the applicant access to a requested record; (d)the applicant has consented, in the prescribed manner, to the extension. (2)In addition to the authority under subsection (1), with the permission of the commissioner, the head of a public body may extend the time for responding to a request as follows: (a)if one or more of the circumstances described in subsection (1) (a) to (d) apply, for a period of longer than the 30 days permitted under that subsection; (b)if the commissioner otherwise considers that it is fair and reasonable to do so, as the commissioner considers appropriate. (3)If the time for responding to a request is extended under this section, the head of the public body must tell the applicant (a)the reason for the extension, (b)when a response can be expected, and (c)in the case of an extension under subsection (1) (a) to (c), that the applicant may complain about the extension under section 42 (2) (b) or 60 (1) (a). | (1)The head of a public body may extend the time for responding to a request for up to 30 days if one or more of the following apply: (a)the applicant does not give enough detail to enable the public body to identify a requested record; (b)a large number of records are requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the public body; (c)more time is needed to consult with a third party or other public body before the head can decide whether or not to give the applicant access to a requested record; (d)the applicant has consented, in the prescribed manner, to the extension. (2)In addition to the authority under subsection (1), with the permission of the commissioner, the head of a public body may extend the time for responding to a request as follows: (a)if one or more of the circumstances described in subsection (1) (a) to (d) apply, for a period of longer than the 30 days permitted under that subsection; (b)if the commissioner otherwise considers that it is fair and reasonable to do so, as the commissioner considers appropriate. (3)If the time for responding to a request is extended under this section, the head of the public body must tell the applicant (a)the reason for the extension, (b)when a response can be expected, and (c)in the case of an extension under subsection (1) (a) to (c), that the applicant may complain about the extension under section 42 (2) (b) or 60 (1) (a). |