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 Changes are marked in column three in red font; where entire sections were repealed, we highlighted them in red; where language was struck out, without anything being added to replace it, we bracketed the language, and noted it was struck out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 | Part and Section | Current FIPPA | Bill 22 |
|---|---|---|---|
| 1 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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). |
| 11 | Part 2 Freedom of Information Division 1 - Information Rights and How to Exercise Them 11 Transferring a request | (1)Within 20 days after a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if (a)the head of the public body is satisfied that the request meets the requirements of section 5 (1), and (b)one or more of the following applies: (i)the record was produced by or for the other public body; (ii)the other public body was the first to obtain the record; (iii)the record is in the custody or under the control of the other public body. (2)If a request is transferred under subsection (1), the head of the public body who transferred the request must notify the applicant of the transfer. (3)If the head of the public body to which a request is transferred under subsection (1) is satisfied that the request meets the requirements of section 5 (1) (a) and (b), the head of the public body must respond to the applicant (a)in accordance with section 8, and (b)not later than 30 days after the request is received by that public body, unless this time limit is extended under section 10. | (1)Within 20 days after a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if (a)the head of the public body is satisfied that the request meets the requirements of section 5 (1), and (b)one or more of the following applies: (i)the record was produced by or for the other public body; (ii)the other public body was the first to obtain the record; (iii)the record is in the custody or under the control of the other public body. (2)If a request is transferred under subsection (1), the head of the public body who transferred the request must notify the applicant of the transfer. (3)If the head of the public body to which a request is transferred under subsection (1) is satisfied that the request meets the requirements of section 5 (1) (a) and (b), the head of the public body must respond to the applicant (a)in accordance with section 8, and (b)not later than 30 days after the request is received by that public body, unless this time limit is extended under section 10. |
| 12 | Part 2 Freedom of Information Division 2 - Exceptions 12 Cabinet and local public body confidences | (1)The head of a public body must refuse to disclose to an applicant information that would reveal the substance of deliberations of the Executive Council or any of its committees, including any advice, recommendations, policy considerations or draft legislation or regulations submitted or prepared for submission to the Executive Council or any of its committees. (2)Subsection (1) does not apply to (a)information in a record that has been in existence for 15 or more years, (b)information in a record of a decision made by the Executive Council or any of its committees on an appeal under an Act, or (c)information in a record the purpose of which is to present background explanations or analysis to the Executive Council or any of its committees for its consideration in making a decision if (i)the decision has been made public, (ii)the decision has been implemented, or (iii)5 or more years have passed since the decision was made or considered. (3)The head of a local public body may refuse to disclose to an applicant information that would reveal (a)a draft of a resolution, bylaw or other legal instrument by which the local public body acts or a draft of a private Bill, or (b)the substance of deliberations of a meeting of its elected officials or of its governing body or a committee of its governing body, if an Act or a regulation under this Act authorizes the holding of that meeting in the absence of the public. (4)Subsection (3) does not apply if (a)the draft of the resolution, bylaw, other legal instrument or private Bill or the subject matter of the deliberations has been considered in a meeting open to the public, or (b)the information referred to in that subsection is in a record that has been in existence for 15 or more years. (5)The Lieutenant Governor in Council by regulation may designate a committee for the purposes of this section. (6)A committee may be designated under subsection (5) only if (a)the Lieutenant Governor in Council considers that (i)the deliberations of the committee relate to the deliberations of the Executive Council, and (ii)the committee exercises functions of the Executive Council, and (b)at least 1/3 of the members of the committee are members of the Executive Council. (7)In subsections (1) and (2), "committee" includes a committee designated under subsection (5). | (1)The head of a public body must refuse to disclose to an applicant information that would reveal the substance of deliberations of the Executive Council or any of its committees, including any advice, recommendations, policy considerations or draft legislation or regulations submitted or prepared for submission to the Executive Council or any of its committees. (2)Subsection (1) does not apply to (a)information in a record that has been in existence for 15 or more years, (b)information in a record of a decision made by the Executive Council or any of its committees on an appeal under an Act, or (c)information in a record the purpose of which is to present background explanations or analysis to the Executive Council or any of its committees for its consideration in making a decision if (i)the decision has been made public, (ii)the decision has been implemented, or (iii)5 or more years have passed since the decision was made or considered. (3)The head of a local public body may refuse to disclose to an applicant information that would reveal (a)a draft of a resolution, bylaw or other legal instrument by which the local public body acts or a draft of a private Bill, or (b)the substance of deliberations of a meeting of its elected officials or of its governing body or a committee of its governing body, if an Act or a regulation under this Act authorizes the holding of that meeting in the absence of the public. (4)Subsection (3) does not apply if (a)the draft of the resolution, bylaw, other legal instrument or private Bill or the subject matter of the deliberations has been considered in a meeting open to the public, or (b)the information referred to in that subsection is in a record that has been in existence for 15 or more years. (5)The Lieutenant Governor in Council by regulation may designate a committee for the purposes of this section. (6)A committee may be designated under subsection (5) only if (a)the Lieutenant Governor in Council considers that (i)the deliberations of the committee relate to the deliberations of the Executive Council, and (ii)the committee exercises functions of the Executive Council, and (b)at least 1/3 of the members of the committee are members of the Executive Council. (7)In subsections (1) and (2), "committee" includes a committee designated under subsection (5). |
| 13 | Part 2 Freedom of Information Division 2 - Exceptions 13 Policy advice or recommendations | (1)The head of a public body may refuse to disclose to an applicant information that would reveal advice or recommendations developed by or for a public body or a minister. (2)The head of a public body must not refuse to disclose under subsection (1) (a)any factual material, (b)a public opinion poll, (c)a statistical survey, (d)an appraisal, (e)an economic forecast, (f)an environmental impact statement or similar information, (g)a final report or final audit on the performance or efficiency of a public body or on any of its policies or its programs or activities, (h)a consumer test report or a report of a test carried out on a product to test equipment of the public body, (i)a feasibility or technical study, including a cost estimate, relating to a policy or project of the public body, (j)a report on the results of field research undertaken before a policy proposal is formulated, (k)a report of a task force, committee, council or similar body that has been established to consider any matter and make reports or recommendations to a public body, (l)a plan or proposal to establish a new program or activity or to change a program or activity, if the plan or proposal has been approved or rejected by the head of the public body, (m)information that the head of the public body has cited publicly as the basis for making a decision or formulating a policy, or (n)a decision, including reasons, that is made in the exercise of a discretionary power or an adjudicative function and that affects the rights of the applicant. (3)Subsection (1) does not apply to information in a record that has been in existence for 10 or more years. | (1)The head of a public body may refuse to disclose to an applicant information that would reveal advice or recommendations developed by or for a public body or a minister. (2)The head of a public body must not refuse to disclose under subsection (1) (a)any factual material, (b)a public opinion poll, (c)a statistical survey, (d)an appraisal, (e)an economic forecast, (f)an environmental impact statement or similar information, (g)a final report or final audit on the performance or efficiency of a public body or on any of its policies or its programs or activities, (h)a consumer test report or a report of a test carried out on a product to test equipment of the public body, (i)a feasibility or technical study, including a cost estimate, relating to a policy or project of the public body, (j)a report on the results of field research undertaken before a policy proposal is formulated, (k)a report of a task force, committee, council or similar body that has been established to consider any matter and make reports or recommendations to a public body, (l)a plan or proposal to establish a new program or activity or to change a program or activity, if the plan or proposal has been approved or rejected by the head of the public body, (m)information that the head of the public body has cited publicly as the basis for making a decision or formulating a policy, or (n)a decision, including reasons, that is made in the exercise of a discretionary power or an adjudicative function and that affects the rights of the applicant. (3)Subsection (1) does not apply to information in a record that has been in existence for 10 or more years. |
| 14 | Part 2 Freedom of Information Division 2 - Exceptions 14 Legal advice | The head of a public body may refuse to disclose to an applicant information that is subject to solicitor client privilege. | The head of a public body may refuse to disclose to an applicant information that is subject to solicitor client privilege. |
| 15 | Part 2 Freedom of Information Division 2 - Exceptions 15 Disclosure harmful to law enforcement | (1)The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to (a)harm a law enforcement matter, (b)prejudice the defence of Canada or of any foreign state allied to or associated with Canada or harm the detection, prevention or suppression of espionage, sabotage or terrorism, (c)harm the effectiveness of investigative techniques and procedures currently used, or likely to be used, in law enforcement, (d)reveal the identity of a confidential source of law enforcement information, (e)reveal criminal intelligence that has a reasonable connection with the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities, (f)endanger the life or physical safety of a law enforcement officer or any other person, (g)reveal any information relating to or used in the exercise of prosecutorial discretion, (h)deprive a person of the right to a fair trial or impartial adjudication, (i)reveal a record that has been confiscated from a person by a peace officer in accordance with an enactment, (j)facilitate the escape from custody of a person who is under lawful detention, (k)facilitate the commission of an offence under an enactment of British Columbia or Canada, or (l)harm the security of any property or system, including a building, a vehicle, a computer system or a communications system. (2)The head of a public body may refuse to disclose information to an applicant if the information (a)is in a law enforcement record and the disclosure would be an offence under an Act of Parliament, (b)is in a law enforcement record and the disclosure could reasonably be expected to expose to civil liability the author of the record or a person who has been quoted or paraphrased in the record, or (c)is about the history, supervision or release of a person who is in custody or under supervision and the disclosure could reasonably be expected to harm the proper custody or supervision of that person. (3)The head of a public body must not refuse to disclose under this section (a)a report prepared in the course of routine inspections by an agency that is authorized to enforce compliance with an Act, (b)a report, including statistical analysis, on the degree of success achieved in a law enforcement program or activity unless disclosure of the report could reasonably be expected to interfere with or harm any of the matters referred to in subsection (1) or (2), or (c)statistical information on decisions under the Crown Counsel Act to approve or not to approve prosecutions. (4)The head of a public body must not refuse, after a police investigation is completed, to disclose under this section the reasons for a decision not to prosecute (a)to a person who knew of and was significantly interested in the investigation, including a victim or a relative or friend of a victim, or (b)to any other member of the public, if the fact of the investigation was made public. | (1)The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to (a)harm a law enforcement matter, (b)prejudice the defence of Canada or of any foreign state allied to or associated with Canada or harm the detection, prevention or suppression of espionage, sabotage or terrorism, (c)harm the effectiveness of investigative techniques and procedures currently used, or likely to be used, in law enforcement, (d)reveal the identity of a confidential source of law enforcement information, (e)reveal criminal intelligence that has a reasonable connection with the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities, (f)endanger the life or physical safety of a law enforcement officer or any other person, (g)reveal any information relating to or used in the exercise of prosecutorial discretion, (h)deprive a person of the right to a fair trial or impartial adjudication, (i)reveal a record that has been confiscated from a person by a peace officer in accordance with an enactment, (j)facilitate the escape from custody of a person who is under lawful detention, (k)facilitate the commission of an offence under an enactment of British Columbia or Canada, or (l)harm the security of any property or system, including a building, a vehicle, a computer system or a communications system. (2)The head of a public body may refuse to disclose information to an applicant if the information (a)is in a law enforcement record and the disclosure would be an offence under an Act of Parliament, (b)is in a law enforcement record and the disclosure could reasonably be expected to expose to civil liability the author of the record or a person who has been quoted or paraphrased in the record, or (c)is about the history, supervision or release of a person who is in custody or under supervision and the disclosure could reasonably be expected to harm the proper custody or supervision of that person. (3)The head of a public body must not refuse to disclose under this section (a)a report prepared in the course of routine inspections by an agency that is authorized to enforce compliance with an Act, (b)a report, including statistical analysis, on the degree of success achieved in a law enforcement program or activity unless disclosure of the report could reasonably be expected to interfere with or harm any of the matters referred to in subsection (1) or (2), or (c)statistical information on decisions under the Crown Counsel Act to approve or not to approve prosecutions. (4)The head of a public body must not refuse, after a police investigation is completed, to disclose under this section the reasons for a decision not to prosecute (a)to a person who knew of and was significantly interested in the investigation, including a victim or a relative or friend of a victim, or (b)to any other member of the public, if the fact of the investigation was made public. |
| 16 | Part 2 Freedom of Information Division 2 - Exceptions 16 Disclosure harmful to intergovernmental relations or negotiations | (1)The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to (a)harm the conduct by the government of British Columbia of relations between that government and any of the following or their agencies: (i)the government of Canada or a province of Canada; (ii)the council of a municipality or the board of a regional district; (iii)an aboriginal government; (iv)the government of a foreign state; (v)an international organization of states, (b)reveal information received in confidence from a government, council or organization listed in paragraph (a) or their agencies, or (c)harm the conduct of negotiations relating to aboriginal self government or treaties. (2)Moreover, the head of a public body must not disclose information referred to in subsection (1) without the consent of (a)the Attorney General, for law enforcement information, or (b)the Executive Council, for any other type of information. (3)Subsection (1) does not apply to information that is in a record that has been in existence for 15 or more years unless the information is law enforcement information. | (1)The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to (a)harm the conduct by the government of British Columbia of relations between that government and any of the following or their agencies: (i)the government of Canada or a province of Canada; (ii)the council of a municipality or the board of a regional district; (iii) Indigenous governing entity; (iv)the government of a foreign state; (v)an international organization of states, (b)reveal information received in confidence from a government, council or organization listed in paragraph (a) or their agencies, or (c)harm the conduct of negotiations relating to Indigenous self-government or treaties. (2)Moreover, the head of a public body must not disclose information referred to in subsection (1) without the consent of (a)the Attorney General, for law enforcement information, or (b)the Executive Council, for any other type of information. (3) Subsection (1) does not apply to information that is in a record that has been in existence for 15 or more years unless the information is (a) law enforcement information, or (b) information referred to in subsection (1) (a) (iii) or (c). |
| 17 | Part 2 Freedom of Information Division 2 - Exceptions 17 disclosure harmful to financial or economic interests of a public body | (1)The head of a public body may refuse to disclose to an applicant information the disclosure of which could reasonably be expected to harm the financial or economic interests of a public body or the government of British Columbia or the ability of that government to manage the economy, including the following information: (a)trade secrets of a public body or the government of British Columbia; (b)financial, commercial, scientific or technical information that belongs to a public body or to the government of British Columbia and that has, or is reasonably likely to have, monetary value; (c)plans that relate to the management of personnel of or the administration of a public body and that have not yet been implemented or made public; (d)information the disclosure of which could reasonably be expected to result in the premature disclosure of a proposal or project or in undue financial loss or gain to a third party; (e)information about negotiations carried on by or for a public body or the government of British Columbia; (f)information the disclosure of which could reasonably be expected to harm the negotiating position of a public body or the government of British Columbia. (2)The head of a public body may refuse to disclose under subsection (1) research information if the disclosure could reasonably be expected to deprive the researcher of priority of publication. (3)The head of a public body must not refuse to disclose under subsection (1) the results of product or environmental testing carried out by or for that public body, unless the testing was done (a)for a fee as a service to a person, a group of persons or an organization other than the public body, or (b)for the purpose of developing methods of testing. | (1)The head of a public body may refuse to disclose to an applicant information the disclosure of which could reasonably be expected to harm the financial or economic interests of a public body or the government of British Columbia or the ability of that government to manage the economy, including the following information: (a)trade secrets of a public body or the government of British Columbia; (b)financial, commercial, scientific or technical information that belongs to a public body or to the government of British Columbia and that has, or is reasonably likely to have, monetary value; (c)plans that relate to the management of personnel of or the administration of a public body and that have not yet been implemented or made public; (d)information the disclosure of which could reasonably be expected to result in the premature disclosure of a proposal or project or in undue financial loss or gain to a third party; (e)information about negotiations carried on by or for a public body or the government of British Columbia; (f)information the disclosure of which could reasonably be expected to harm the negotiating position of a public body or the government of British Columbia. (2)The head of a public body may refuse to disclose under subsection (1) research information if the disclosure could reasonably be expected to deprive the researcher of priority of publication. (3)The head of a public body must not refuse to disclose under subsection (1) the results of product or environmental testing carried out by or for that public body, unless the testing was done (a)for a fee as a service to a person, a group of persons or an organization other than the public body, or (b)for the purpose of developing methods of testing. |
| 18 | Part 2 Freedom of Information Division 2 - Exceptions 18 Disclosure harmful to conservation of heritage sites, etc. | The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to result in damage to, or interfere with the conservation of, (a)fossil sites, natural sites or sites that have an anthropological or heritage value, (b)an endangered, threatened or vulnerable species, subspecies or race of plants, vertebrates or invertebrates, or (c)any other rare or endangered living resources. | The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to result in damage to, or interfere with the conservation of, (a)fossil sites, natural sites or sites that have an anthropological or heritage value, (b)an endangered, threatened or vulnerable species, subspecies or race of plants, vertebrates or invertebrates, or (c)any other rare or endangered living resources. |
| 19 | Part 2 Freedom of Information Division 2 - Exceptions 19 Disclosure harmful to individual or public safety | (1)The head of a public body may refuse to disclose to an applicant information, including personal information about the applicant, if the disclosure could reasonably be expected to (a)threaten anyone else's safety or mental or physical health, or (b)interfere with public safety. (2)The head of a public body may refuse to disclose to an applicant personal information about the applicant if the disclosure could reasonably be expected to result in immediate and grave harm to the applicant's safety or mental or physical health. | (1) The head of a public body must refuse to disclose information if the disclosure could reasonably be expected to harm the rights of an Indigenous people to maintain, control, protect or develop any of the following with respect to the Indigenous people: (a) cultural heritage; (b) traditional knowledge; (c) traditional cultural expressions; (d) manifestations of sciences, technologies or cultures. (2) Subsection (1) does not apply if the Indigenous people has consented in writing to the disclosure. |
| 20 | Part 2 Freedom of Information Division 2 - Exceptions 20 Information that will be published or released within 60 days | (1)The head of a public body may refuse to disclose to an applicant information (a)[Repealed 2011-17-6.] (b)that, within 60 days after the applicant's request is received, is to be published or released to the public, or (c)that must be published or released to the public under an enactment. (2)The head of a public body must notify an applicant of the publication or release of information that the head has refused to disclose under subsection (1). (3)If the information referred to in subsection (1) (b) is not published or released to the public within 60 days after the applicant's request is received, the head of the public body must disclose the information to the applicant on, or within 30 days of, that date unless the head of the public body is authorized or required to refuse to disclose the information under other sections of this Division. | (1)The head of a public body may refuse to disclose to an applicant information, including personal information about the applicant, if the disclosure could reasonably be expected to (a)threaten anyone else's safety or mental or physical health, or (b)interfere with public safety. (2)The head of a public body may refuse to disclose to an applicant personal information about the applicant if the disclosure could reasonably be expected to result in immediate and grave harm to the applicant's safety or mental or physical health. |
| 21 | Part 2 Freedom of Information Division 2 - Exceptions 21 Disclosure harmful to individual or pulbic safety | (1)The head of a public body must refuse to disclose to an applicant information (a)that would reveal (i)trade secrets of a third party, or (ii)commercial, financial, labour relations, scientific or technical information of or about a third party, (b)that is supplied, implicitly or explicitly, in confidence, and (c)the disclosure of which could reasonably be expected to (i)harm significantly the competitive position or interfere significantly with the negotiating position of the third party, (ii)result in similar information no longer being supplied to the public body when it is in the public interest that similar information continue to be supplied, (iii)result in undue financial loss or gain to any person or organization, or (iv)reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute. (2)The head of a public body must refuse to disclose to an applicant information that was obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax. (3)Subsections (1) and (2) do not apply if (a)the third party consents to the disclosure, or (b)the information is in a record that is in the custody or control of the archives of the government of British Columbia or the archives of a public body and that has been in existence for 50 or more years. | (1)The head of a public body may refuse to disclose to an applicant information (a)[Repealed 2011-17-6.] (b)that, within 60 days after the applicant's request is received, is to be published or released to the public, or (c)that must be published or released to the public under an enactment. (2)The head of a public body must notify an applicant of the publication or release of information that the head has refused to disclose under subsection (1). (3)If the information referred to in subsection (1) (b) is not published or released to the public within 60 days after the applicant's request is received, the head of the public body must disclose the information to the applicant on, or within 30 days of, that date unless the head of the public body is authorized or required to refuse to disclose the information under other sections of this Division. |
| 22 | Part 2 Freedom of Information Division 2 - Exceptions 22 Disclosure harmful to personal privacy | (1)The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party's personal privacy. (2)In determining under subsection (1) or (3) whether a disclosure of personal information constitutes an unreasonable invasion of a third party's personal privacy, the head of a public body must consider all the relevant circumstances, including whether (a)the disclosure is desirable for the purpose of subjecting the activities of the government of British Columbia or a public body to public scrutiny, (b)the disclosure is likely to promote public health and safety or to promote the protection of the environment, (c)the personal information is relevant to a fair determination of the applicant's rights, (d)the disclosure will assist in researching or validating the claims, disputes or grievances of aboriginal people, (e)the third party will be exposed unfairly to financial or other harm, (f)the personal information has been supplied in confidence, (g)the personal information is likely to be inaccurate or unreliable, (h)the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant, and (i)the information is about a deceased person and, if so, whether the length of time the person has been deceased indicates the disclosure is not an unreasonable invasion of the deceased person's personal privacy. (3)A disclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if (a)the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation, (b)the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation, (c)the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels, (d)the personal information relates to employment, occupational or educational history, (e)the personal information was obtained on a tax return or gathered for the purpose of collecting a tax, (f)the personal information describes the third party's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness, (g)the personal information consists of personal recommendations or evaluations, character references or personnel evaluations about the third party, (h)the disclosure could reasonably be expected to reveal the content of a personal recommendation or evaluation, a character reference or a personnel evaluation supplied by the third party in confidence and the applicant could reasonably be expected to know the identity of the third party, (i)the personal information indicates the third party's racial or ethnic origin, sexual orientation or religious or political beliefs or associations, or (j)the personal information consists of the third party's name, address, or telephone number and is to be used for mailing lists or solicitations by telephone or other means. (4)A disclosure of personal information is not an unreasonable invasion of a third party's personal privacy if (a)the third party has, in writing, consented to or requested the disclosure, (b)there are compelling circumstances affecting anyone's health or safety and notice of disclosure is mailed to the last known address of the third party, (c)an enactment of British Columbia or Canada authorizes the disclosure, (d)the disclosure is for a research or statistical purpose and is in accordance with section 35, (e)the information is about the third party's position, functions or remuneration as an officer, employee or member of a public body or as a member of a minister's staff, (f)the disclosure reveals financial and other details of a contract to supply goods or services to a public body, (g)public access to the information is provided under the Financial Information Act, (h)the information is about expenses incurred by the third party while travelling at the expense of a public body, (i)the disclosure, in respect of (i)a licence, a permit or any other similar discretionary benefit, or (ii)a degree, a diploma or a certificate, reveals any of the following with respect to the applicable item in subparagraph (i) or (ii): (iii)the name of the third party to whom the item applies; (iv)what the item grants or confers on the third party or authorizes the third party to do; (v)the status of the item; (vi)the date the item was conferred or granted; (vii)the period of time the item is valid; (viii)the date the item expires, or (j)the disclosure, in respect of a discretionary benefit of a financial nature granted to a third party by a public body, not including personal information referred to in subsection (3) (c), reveals any of the following with respect to the benefit: (i)the name of the third party to whom the benefit applies; (ii)what the benefit grants to the third party; (iii)the date the benefit was granted; (iv)the period of time the benefit is valid; (v)the date the benefit ceases. (5)On refusing, under this section, to disclose personal information supplied in confidence about an applicant, the head of the public body must give the applicant a summary of the information unless (a)the summary cannot be prepared without disclosing the identity of a third party who supplied the personal information, or (b)with respect to subsection (3) (h), either paragraph (a) of this subsection applies or the applicant could reasonably be expected to know the identity of the third party who supplied the personal recommendation or evaluation, character reference or personnel evaluation. (6)The head of the public body may allow the third party to prepare the summary of personal information under subsection (5). | (1)The head of a public body must refuse to disclose to an applicant information (a)that would reveal (i)trade secrets of a third party, or (ii)commercial, financial, labour relations, scientific or technical information of or about a third party, (b)that is supplied, implicitly or explicitly, in confidence, and (c)the disclosure of which could reasonably be expected to (i)harm significantly the competitive position or interfere significantly with the negotiating position of the third party, (ii)result in similar information no longer being supplied to the public body when it is in the public interest that similar information continue to be supplied, (iii)result in undue financial loss or gain to any person or organization, or (iv)reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute. (2)The head of a public body must refuse to disclose to an applicant information that was obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax. (3)Subsections (1) and (2) do not apply if (a)the third party consents to the disclosure, or (b)the information is in a record that is in the custody or under the control of the digital archives or museum archives of government or the archives of a public body and that has been in existence for 50 or more years. |
| 23 | Part 2 Freedom of Information Division 2 - Exceptions 22.1 Disclosure of information relation to abortion services | (1)In this section, "abortion services" means lawful medical services for the termination of a pregnancy. (2)The head of a public body must refuse to disclose to an applicant information that relates to the provision of abortion services. (3)Subsection (2) does not apply to the following: (a)information about abortion services that were received by the applicant; (b)statistical information, including financial information, relating to the total number of abortion services provided throughout (i)British Columbia, or (ii)a region that is designated under section 4 (1) (b) of the Health Authorities Act if more than one health care body provides abortion services in that region; (c)information about a public body's policies on the provision of abortion services. (4)Nothing in this section prevents any other provision of this Act from applying if a request is made under section 5 by an applicant for access to a record containing information about abortion services that were received by the applicant. | (1)The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party's personal privacy. (2)In determining under subsection (1) or (3) whether a disclosure of personal information constitutes an unreasonable invasion of a third party's personal privacy, the head of a public body must consider all the relevant circumstances, including whether (a)the disclosure is desirable for the purpose of subjecting the activities of the government of British Columbia or a public body to public scrutiny, (b)the disclosure is likely to promote public health and safety or to promote the protection of the environment, (c)the personal information is relevant to a fair determination of the applicant's rights, (d)the disclosure will assist in researching or validating the claims, disputes or grievances of Indigenous peoples, (e)the third party will be exposed unfairly to financial or other harm, (f)the personal information has been supplied in confidence, (g)the personal information is likely to be inaccurate or unreliable, (h)the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant, and (i)the information is about a deceased person and, if so, whether the length of time the person has been deceased indicates the disclosure is not an unreasonable invasion of the deceased person's personal privacy. (3)A disclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if (a)the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation, (b)the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation, (c)the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels, (d)the personal information relates to employment, occupational or educational history, (e)the personal information was obtained on a tax return or gathered for the purpose of collecting a tax, (f)the personal information describes the third party's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness, (g)the personal information consists of personal recommendations or evaluations, character references or personnel evaluations about the third party, (h) the disclosure would reveal (i) the identity of a third party who supplied, in confidence, a personal recommendation or evaluation, character reference or personnel evaluation, or (ii) the content of a personal recommendation or evaluation, character reference or personnel evaluation supplied, in confidence, by a third party, if the applicant could reasonably be expected to know the identity of the third party, (4)A disclosure of personal information is not an unreasonable invasion of a third party's personal privacy if (a)the third party has, in writing, consented to or requested the disclosure, (b)there are compelling circumstances affecting anyone's health or safety and notice of disclosure is mailed to the last known address of the third party, (c)an enactment of British Columbia or Canada authorizes the disclosure, (d)the disclosure is for a research or statistical purpose and is in accordance with section 33 (3) (h), (e)the information is about the third party's position, functions or remuneration as an officer, employee or member of a public body or as a member of a minister's staff, (f)the disclosure reveals financial and other details of a contract to supply goods or services to a public body, (g)public access to the information is provided under the Financial Information Act, (h)the information is about expenses incurred by the third party while travelling at the expense of a public body, (i)the disclosure, in respect of (i)a licence, a permit or any other similar discretionary benefit, or (ii)a degree, a diploma or a certificate, reveals any of the following with respect to the applicable item in subparagraph (i) or (ii): (iii)the name of the third party to whom the item applies; (iv)what the item grants or confers on the third party or authorizes the third party to do; (v)the status of the item; (vi)the date the item was conferred or granted; (vii)the period of time the item is valid; (viii)the date the item expires, or (j)the disclosure, in respect of a discretionary benefit of a financial nature granted to a third party by a public body, not including personal information referred to in subsection (3) (c), reveals any of the following with respect to the benefit: (i)the name of the third party to whom the benefit applies; (ii)what the benefit grants to the third party; (iii)the date the benefit was granted; (iv)the period of time the benefit is valid; (v)the date the benefit ceases. (5)On refusing, under this section, to disclose personal information supplied in confidence about an applicant, the head of the public body must give the applicant a summary of the information unless (a)the summary cannot be prepared without disclosing the identity of a third party who supplied the personal information, or (b)with respect to subsection (3) (h), either paragraph (a) of this subsection applies or the applicant could reasonably be expected to know the identity of the third party who supplied the personal recommendation or evaluation, character reference or personnel evaluation. (6)The head of the public body may allow the third party to prepare the summary of personal information under subsection (5). |
| 24 | Part 2 Freedom of Information Division 3 - Notice to Third Parties 23 Notifying the third party | (1)If the head of a public body intends to give access to a record that the head has reason to believe contains information that might be excepted from disclosure under section 21 or 22, the head must give the third party a written notice under subsection (3). (2)If the head of a public body does not intend to give access to a record that contains information excepted from disclosure under section 21 or 22, the head may give the third party a written notice under subsection (3). (3)The notice must (a)state that a request has been made by an applicant for access to a record containing information the disclosure of which may affect the interests or invade the personal privacy of the third party, (b)describe the contents of the record, and (c)state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or may make written representations to the public body explaining why the information should not be disclosed. (4)When notice is given under subsection (1), the head of the public body must also give the applicant a notice stating that (a)the record requested by the applicant contains information the disclosure of which may affect the interests or invade the personal privacy of a third party, (b)the third party is being given an opportunity to make representations concerning disclosure, and (c)a decision will be made within 30 days about whether or not to give the applicant access to the record. | (1)In this section, "abortion services" means lawful medical services for the termination of a pregnancy. (2)The head of a public body must refuse to disclose to an applicant information that relates to the provision of abortion services. (3)Subsection (2) does not apply to the following: (a)information about abortion services that were received by the applicant; (b)statistical information, including financial information, relating to the total number of abortion services provided throughout (i)British Columbia, or (ii)a region that is designated under section 4 (1) (b) of the Health Authorities Act if more than one health care body provides abortion services in that region; (c)information about a public body's policies on the provision of abortion services. (4)Nothing in this section prevents any other provision of this Act from applying if a request is made under section 5 by an applicant for access to a record containing information about abortion services that were received by the applicant. |
| 25 | Part 2 Freedom of Information Division 3 - Notice to Third Parties 24 Time limit and notice of decision | (1)Within 30 days after notice is given under section 23 (1) or (2), the head of the public body must decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of (a)21 days after the day notice is given, or (b)the day a response is received from the third party. (2)On reaching a decision under subsection (1), the head of the public body must give written notice of the decision to (a)the applicant, and (b)the third party. (3)If the head of the public body decides to give access to the record or to part of the record, the notice must state that the applicant will be given access unless the third party asks for a review under section 53 or 63 within 20 days after the day notice is given under subsection (2). | (1)If the head of a public body intends to give access to a record that the head has reason to believe contains information that might be excepted from disclosure under section section 18.1, 21 or 22, the head must give the third party a written notice under subsection (3). (2)If the head of a public body does not intend to give access to a record that contains information excepted from disclosure under section 18.1, 21 or 22, the head may give the third party a written notice under subsection (3). (3)The notice must (a)state that a request has been made by an applicant for access to a record containing information the disclosure of which may affect the interests or invade the personal privacy of the third party, (b)describe the contents of the record, and (c)state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or may make written representations to the public body explaining why the information should not be disclosed. (4)When notice is given under subsection (1), the head of the public body must also give the applicant a notice stating that (a)the record requested by the applicant contains information the disclosure of which may affect the interests or invade the personal privacy of a third party, (b)the third party is being given an opportunity to make representations concerning disclosure, and (c)a decision will be made within 30 days about whether or not to give the applicant access to the record. |
| 26 | Part 2 Freedom of Information Division 4 - Public Interest paramount 25 Information must be disclosed if in the public interest | (1)Whether or not a request for access is made, the head of a public body must, without delay, disclose to the public, to an affected group of people or to an applicant, information (a)about a risk of significant harm to the environment or to the health or safety of the public or a group of people, or (b)the disclosure of which is, for any other reason, clearly in the public interest. (2)Subsection (1) applies despite any other provision of this Act. (3)Before disclosing information under subsection (1), the head of a public body must, if practicable, notify (a)any third party to whom the information relates, and (b)the commissioner. (4)If it is not practicable to comply with subsection (3), the head of the public body must mail a notice of disclosure in the prescribed form (a)to the last known address of the third party, and (b)to the commissioner. | (1)Within 30 days after notice is given under section 23 (1) or (2), the head of the public body must decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of (a)21 days after the day notice is given, or (b)the day a response is received from the third party. (2)On reaching a decision under subsection (1), the head of the public body must give written notice of the decision to (a)the applicant, and (b)the third party. (3)If the head of the public body decides to give access to the record or to part of the record, the notice must state that the applicant will be given access unless the third party asks for a review under section 53 or 63 within 20 days after the day notice is given under subsection (2). |
| 27 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 26 Purpose for which personal information may be collected | A public body may collect personal information only if (a)the collection of the information is expressly authorized under an Act, (b)the information is collected for the purposes of law enforcement, (c)the information relates directly to and is necessary for a program or activity of the public body, (d)with respect to personal information collected for a prescribed purpose, (i)the individual the information is about has consented in the prescribed manner to that collection, and (ii)a reasonable person would consider that collection appropriate in the circumstances, (e)the information is necessary for the purposes of planning or evaluating a program or activity of a public body, (f)the information is necessary for the purpose of reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur, (g)the information is collected by observation at a presentation, ceremony, performance, sports meet or similar event (i)at which the individual voluntarily appears, and (ii)that is open to the public, or (h)the information is personal identity information that is collected by (i)a provincial identity information services provider and the collection of the information is necessary to enable the provincial identity information services provider to provide services under section 69.2, or (ii)a public body from a provincial identity information services provider and the collection of the information is necessary to enable (A)the public body to identify an individual for the purpose of providing a service to the individual, or (B)the provincial identity information services provider to provide services under section 69.2. | (1)Whether or not a request for access is made, the head of a public body must, without delay, disclose to the public, to an affected group of people or to an applicant, information (a)about a risk of significant harm to the environment or to the health or safety of the public or a group of people, or (b)the disclosure of which is, for any other reason, clearly in the public interest. (2)Subsection (1) applies despite any other provision of this Act. (3)Before disclosing information under subsection (1), the head of a public body must, if practicable, notify (a)any third party to whom the information relates, and (b)the commissioner. (4)If it is not practicable to comply with subsection (3), the head of the public body must mail a notice of disclosure in the prescribed form (a)to the last known address of the third party, and (b)to the commissioner. |
| 28 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 27 How personal information is to be collected | (1)A public body must collect personal information directly from the individual the information is about unless (a)another method of collection is authorized by (i)that individual, (ii)the commissioner under section 42 (1) (i), or (iii)another enactment, (a.1)the collection of the information is necessary for the medical treatment of an individual and it is not possible (i)to collect the information directly from that individual, or (ii)to obtain authority under paragraph (a) (i) for another method of collection, (b)the information may be disclosed to the public body under sections 33 to 36, (c)the information is collected for the purpose of (i)determining suitability for an honour or award including an honorary degree, scholarship, prize or bursary, (ii)a proceeding before a court or a judicial or quasi judicial tribunal, (iii)collecting a debt or fine or making a payment, (iv)law enforcement, or (v)reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur, (d)the information is transferred to the public body from another public body in accordance with section 27.1, (e)the collection of the information is necessary for delivering or evaluating a common or integrated program or activity, (f)the information is about an employee, other than a service provider, and the collection of the information is necessary for the purposes of managing or terminating an employment relationship between a public body and the employee, or (g)the information is personal identity information that is collected by a provincial identity information services provider and the collection of the information is necessary to enable the provincial identity information services provider to provide services under section 69.2. (2)A public body must ensure that an individual from whom it collects personal information is told (a)the purpose for collecting it, (b)the legal authority for collecting it, and (c)the title, business address and business telephone number of an officer or employee of the public body who can answer the individual's questions about the collection. (3)Subsection (2) does not apply if (a)the information is about law enforcement or anything referred to in section 15 (1) or (2), (b)the minister responsible for this Act excuses a public body from complying with it because doing so would (i)result in the collection of inaccurate information, or (ii)defeat the purpose or prejudice the use for which the information is collected, (c)the information (i)is not required, under subsection (1), to be collected directly from the individual the information is about, and (ii)is not collected directly from the individual the information is about, or (d)the information is collected by observation at a presentation, ceremony, performance, sports meet or similar event (i)at which the individual voluntarily appears, and (ii)that is open to the public. (4)A public body must notify an employee, other than a service provider, that it will be collecting personal information under subsection (1) (f) unless it is reasonable to expect that the notification would compromise (a)the availability or the accuracy of the information, or (b)an investigation or a proceeding related to the employment of the employee. | An employee, officer or director of a public body or an employee or associate of a service provider must not collect, use or disclose personal information except as authorized by this Act. |
| 29 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 27.1 When personal information is not collected | (1)Personal information that is received by a public body is not collected by the public body for the purposes of this Act if (a)the information does not relate to a program or activity of the public body, and (b)the public body takes no action with respect to the information other than to (i)read all or a part of it and then delete, destroy or return it, or (ii)read all or a part of it and then transfer it in accordance with subsection (2). (2)For the purpose of subsection (1) (b) (ii), a public body may transfer personal information to (a)another public body, or (b)a government institution subject to the Privacy Act (Canada) if the public body determines the information relates to a program or activity of the other public body or government institution referred to in paragraph (a) or (b). | A public body may collect personal information only if (a)the collection of the information is expressly authorized under an Act, (b)the information is collected for the purposes of law enforcement, (c)the information relates directly to and is necessary for a program or activity of the public body, (d)with respect to personal information collected for a prescribed purpose, (i)the individual the information is about has consented in the prescribed manner to that collection, and (ii)a reasonable person would consider that collection appropriate in the circumstances, (e)the information is necessary for the purposes of planning or evaluating a program or activity of a public body, (f)the information is necessary for the purpose of reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur, (g)the information is collected by observation at a presentation, ceremony, performance, sports meet or similar event (i)at which the individual voluntarily appears, and (ii)that is open to the public, or (h)the information is personal identity information that is collected by (i)a provincial identity information services provider and the collection of the information is necessary to enable the provincial identity information services provider to provide services under section 69.2, or (ii)a public body from a provincial identity information services provider and the collection of the information is necessary to enable (A)the public body to identify an individual for the purpose of providing a service to the individual, or (B)the provincial identity information services provider to provide services under section 69.2. |
| 30 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 28 Accuracy of personal information | If (a)an individual's personal information is in the custody or under the control of a public body, and (b)the personal information will be used by or on behalf of the public body to make a decision that directly affects the individual, the public body must make every reasonable effort to ensure that the personal information is accurate and complete. | (1)A public body must collect personal information directly from the individual the information is about unless (a)another method of collection is authorized by (i)that individual, (ii)the commissioner under section 42 (1) (i), or (iii)another enactment, (a.1)the collection of the information is necessary for the medical treatment of an individual and it is not possible (i)to collect the information directly from that individual, or (ii)to obtain authority under paragraph (a) (i) for another method of collection, (b)the information may be disclosed to the public body under sections 33 (" to 36" struck out), (c)the information is collected for the purpose of (i)determining suitability for an honour or award including an honorary degree, scholarship, prize or bursary, (ii)a proceeding before a court or a judicial or quasi-judicial tribunal, (iii)collecting a debt or fine or making a payment, (iv)law enforcement, or (v)reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur, (c.1) the information is collected from a body disclosing it in accordance with a provision of a treaty, arrangement or written agreement that (i) authorizes or requires the disclosure, and (ii) is made under an enactment of British Columbia, other than this Act, or an enactment of Canada, (c.2) the information is collected from a body disclosing it under an enactment of another province or of Canada, (d)the information is transferred to the public body from another public body in accordance with section 27.1, (e)the collection of the information is necessary for delivering or evaluating a common or integrated program or activity, (f)the information is about an employee, other than a service provider, and the collection of the information is necessary for the purposes of managing or terminating an employment relationship between a public body and the employee, or (g)the information is personal identity information that is collected by a provincial identity information services provider and the collection of the information is necessary to enable the provincial identity information services provider to provide services under section 69.2. (2)A public body must ensure that an individual from whom it collects personal information is told (a)the purpose for collecting it, (b)the legal authority for collecting it, and (c) the contact information of an officer or employee of the public body who can answer the individual's questions about the collection. (3)Subsection (2) does not apply if (a)the information is about law enforcement or anything referred to in section 15 (1) or (2), (b)the minister responsible for this Act excuses a public body from complying with it because doing so would (i)result in the collection of inaccurate information, or (ii)defeat the purpose or prejudice the use for which the information is collected, (c)the information (i)is not required, under subsection (1), to be collected directly from the individual the information is about, and (ii)is not collected directly from the individual the information is about, or (d)the information is collected by observation at a presentation, ceremony, performance, sports meet or similar event (i)at which the individual voluntarily appears, and (ii)that is open to the public. (4)A public body must notify an employee, other than a service provider, that it will be collecting personal information under subsection (1) (f) unless it is reasonable to expect that the notification would compromise (a)the availability or the accuracy of the information, or (b)an investigation or a proceeding related to the employment of the employee. |
| 31 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 29 Right to request correction of personal information | (1)An applicant who believes there is an error or omission in his or her personal information may request the head of the public body that has the information in its custody or under its control to correct the information. (2)If no correction is made in response to a request under subsection (1), the head of the public body must annotate the information with the correction that was requested but not made. (3)On correcting or annotating personal information under this section, the head of the public body must notify any other public body or any third party to whom that information has been disclosed during the one year period before the correction was requested. (4)On being notified under subsection (3) of a correction or annotation of personal information, a public body must make the correction or annotation on any record of that information in its custody or under its control. | (1)Personal information that is received by a public body is not collected by the public body for the purposes of this Act if (a)the information does not relate to a program or activity of the public body, and (b)the public body takes no action with respect to the information other than to (i)read all or a part of it and then delete, destroy or return it, or (ii)read all or a part of it and then transfer it in accordance with subsection (2). (2)For the purpose of subsection (1) (b) (ii), a public body may transfer personal information to (a)another public body, or (b)a government institution subject to the Privacy Act (Canada) if the public body determines the information relates to a program or activity of the other public body or government institution referred to in paragraph (a) or (b). |
| 32 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 30 Protection of personal information | A public body must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal. | If (a)an individual's personal information is in the custody or under the control of a public body, and (b)the personal information will be used by or on behalf of the public body to make a decision that directly affects the individual, the public body must make every reasonable effort to ensure that the personal information is accurate and complete. |
| 33 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 30.1 Storage and access must be in Canada | A public body must ensure that personal information in its custody or under its control is stored only in Canada and accessed only in Canada, unless one of the following applies: (a)if the individual the information is about has identified the information and has consented, in the prescribed manner, to it being stored in or accessed from, as applicable, another jurisdiction; (b)if it is stored in or accessed from another jurisdiction for the purpose of disclosure allowed under this Act; (c)if it was disclosed under section 33.1 (1) (i.1). | (1) An individual who believes there is an error or omission in personal information about the individual that is in the custody or under the control of a public body may request the head of the public body to correct the information. (2)If no correction is made in response to a request under subsection (1), the head of the public body must annotate the information with the correction that was requested but not made. (3)On correcting or annotating personal information under this section, the head of the public body must notify any other public body or any third party to whom that information has been disclosed during the one year period before the correction was requested. (4)On being notified under subsection (3) of a correction or annotation of personal information, a public body must make the correction or annotation on any record of that information in its custody or under its control. |
| 34 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 30.2 Obligation to report foreign demand for disclosure | (1)In this section: "foreign demand for disclosure" means a subpoena, warrant, order, demand or request that is (a)from a foreign court, an agency of a foreign state or another authority outside Canada, and (b)for the unauthorized disclosure of personal information to which this Act applies; "unauthorized disclosure of personal information" means disclosure of, production of or the provision of access to personal information to which this Act applies, if that disclosure, production or access is not authorized by this Act. (2)If the head of a public body or an employee, officer or director of a public body or an employee or associate of a service provider (a)receives a foreign demand for disclosure, (b)receives a request to disclose, produce or provide access to personal information to which this Act applies, if the public body, employee or other person receiving the request (i)knows that the request is for the purpose of responding to a foreign demand for disclosure, or (ii)has reason to suspect that it is for such a purpose, or (c)has reason to suspect that unauthorized disclosure of personal information has occurred in response to a foreign demand for disclosure, the head of the public body, the employee or other person must immediately notify the minister responsible for this Act. (3)The notice under subsection (2) must include, as known or suspected, (a)the nature of the foreign demand for disclosure, (b)who made the foreign demand for disclosure, (c)when the foreign demand for disclosure was received, and (d)what information was sought by or disclosed in response to the foreign demand for disclosure. | A public body must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized ("access," struck out) collection, use, disclosure or disposal. |
| 35 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 30.3 Whistle-blower protection | An employer, whether or not a public body, must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee of the employer, or deny that employee a benefit, because (a)the employee, acting in good faith and on the basis of reasonable belief, has notified the minister responsible for this Act under section 30.2, (b)the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the commissioner that the employer or any other person has contravened or is about to contravene this Act, (c)the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene this Act, (d)the employee, acting in good faith and on the basis of reasonable belief, has refused to do or stated an intention of refusing to do anything that is in contravention of this Act, or (e)the employer believes that an employee will do anything described in paragraph (a), (b), (c) or (d). | A public body must ensure that personal information in its custody or under its control is stored only in Canada and accessed only in Canada, unless one of the following applies: (a)if the individual the information is about has identified the information and has consented, in the prescribed manner, to it being stored in or accessed from, as applicable, another jurisdiction; (b)if it is stored in or accessed from another jurisdiction for the purpose of disclosure allowed under this Act; (c)if it was disclosed under section 33.1 (1) (i.1). |
| 36 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 30.4 Unauthorized disclosure prohibited | An employee, officer or director of a public body or an employee or associate of a service provider who has access, whether authorized or unauthorized, to personal information in the custody or control of a public body, must not disclose that information except as authorized under this Act. | (1)In this section: "foreign demand for disclosure" means a subpoena, warrant, order, demand or request that is (a)from a foreign court, an agency of a foreign state or another authority outside Canada, and (b)for the unauthorized disclosure of personal information to which this Act applies; "unauthorized disclosure of personal information" means disclosure of, production of or the provision of access to personal information to which this Act applies, if that disclosure, production or access is not authorized by this Act. (2)If the head of a public body or an employee, officer or director of a public body or an employee or associate of a service provider (a)receives a foreign demand for disclosure, (b)receives a request to disclose, produce or provide access to personal information to which this Act applies, if the public body, employee or other person receiving the request (i)knows that the request is for the purpose of responding to a foreign demand for disclosure, or (ii)has reason to suspect that it is for such a purpose, or (c)has reason to suspect that unauthorized disclosure of personal information has occurred in response to a foreign demand for disclosure, the head of the public body, the employee or other person must immediately notify the minister responsible for this Act. (3)The notice under subsection (2) must include, as known or suspected, (a)the nature of the foreign demand for disclosure, (b)who made the foreign demand for disclosure, (c)when the foreign demand for disclosure was received, and (d)what information was sought by or disclosed in response to the foreign demand for disclosure. |
| 37 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 30.5 Notification of unauthorized disclosure | (1)In this section, "unauthorized disclosure of personal information" has the same meaning as in section 30.2 (1). (2)An employee, officer or director of a public body, or an employee or associate of a service provider, who knows that there has been an unauthorized disclosure of personal information that is in the custody or under the control of the public body must immediately notify the head of the public body. | An employer, whether or not a public body, must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee of the employer, or deny that employee a benefit, because ["(a)the employee, acting in good faith and on the basis of reasonable belief, has notified the minister responsible for this Act under section 30.2, REPEALED] (b)the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the commissioner that the employer or any other person has contravened or is about to contravene this Act, (c)the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene this Act, (d)the employee, acting in good faith and on the basis of reasonable belief, has refused to do or stated an intention of refusing to do anything that is in contravention of this Act, or (e)the employer believes that an employee will do anything described in paragraph ("(a)" struck out), (b), (c) or (d). |
| 38 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 31 Retention of personal information | If an individual's personal information (a)is in the custody or under the control of a public body, and (b)is used by or on behalf of the public body to make a decision that directly affects the individual, the public body must ensure that the personal information is retained for at least one year after being used so that the affected individual has a reasonable opportunity to obtain access to that personal information. | An employee, officer or director of a public body or an employee or associate of a service provider who has access, whether authorized or unauthorized, to personal information in the custody or control of a public body, must not disclose that information except as authorized under this Act. |
| 39 | Part 3 Protection of Privacy Division 1 - Collection, Protection and Retention of Personal Information by Public Bodies 31.1 Application to employees and others | The requirements and restrictions established by this Part also apply to (a)the employees, officers and directors of a public body, and (b)in the case of an employee that is a service provider, all employees and associates of the service provider. | (1)In this section, "unauthorized disclosure of personal information" has the same meaning as in section 30.2 (1). (2)An employee, officer or director of a public body, or an employee or associate of a service provider, who knows that there has been an unauthorized disclosure of personal information that is in the custody or under the control of the public body must immediately notify the head of the public body. |
| 40 | Part 3 Protection of Privacy Division 2 - Use and Disclosure of Personal Information by Public Bodies 32 Use of personal information | A public body may use personal information in its custody or under its control only (a)for the purpose for which that information was obtained or compiled, or for a use consistent with that purpose (see section 34), (b)if the individual the information is about has identified the information and has consented, in the prescribed manner, to the use, or (c)for a purpose for which that information may be disclosed to that public body under sections 33 to 36. | If an individual's personal information (a)is in the custody or under the control of a public body, and (b)is used by or on behalf of the public body to make a decision that directly affects the individual, the public body must ensure that the personal information is retained for at least one year after being used so that the affected individual has a reasonable opportunity to obtain access to that personal information. |
| 41 | Part 3 Protection of Privacy Division 2 - Use and Disclosure of Personal Information by Public Bodies 33 Disclosure of personal information | A public body may disclose personal information in its custody or under its control only as permitted under section 33.1, 33.2 or 33.3. | The requirements and restrictions established by this Part also apply to (a)the employees, officers and directors of a public body, and (b)in the case of an employee that is a service provider, all employees and associates of the service provider. |
| 42 | Part 3 Protection of Privacy Division 2 - Use and Disclosure of Personal Information by Public Bodies 33.1 Disclosure inside or outside Canada | (1)A public body may disclose personal information referred to in section 33 inside or outside Canada as follows: (a)in accordance with Part 2; (a.1)if the information or disclosure is of a type described in section 22 (4) (e), (f), (h), (i) or (j); (b)if the individual the information is about has identified the information and consented, in the prescribed manner, to its disclosure inside or outside Canada, as applicable; (c)in accordance with an enactment of British Columbia, other than this Act, or Canada that authorizes or requires its disclosure; (c.1)if it is made available to the public in British Columbia under an enactment, other than this Act, that authorizes or requires the information to be made public; (d)in accordance with a provision of a treaty, arrangement or written agreement that (i)authorizes or requires its disclosure, and (ii)is made under an enactment of British Columbia, other than this Act, or Canada; (e)to an individual who is a minister, an officer of the public body or an employee of the public body other than a service provider, if (i)the information is necessary for the performance of the duties of the minister, officer or employee, and (ii)in relation to disclosure outside Canada, the outside disclosure is necessary because the individual is temporarily travelling outside Canada; (e.1)to an individual who is a service provider of the public body, or an employee or associate of such a service provider, if (i)the information is necessary for the performance of the duties of the individual in relation to the public body, and (ii)in relation to disclosure outside Canada, (A)the individual normally receives such disclosure only inside Canada for the purpose of performing those duties, and (B)the outside disclosure is necessary because the individual is temporarily travelling outside Canada; (f)to an officer or employee of the public body or to a minister, if the information is immediately necessary for the protection of the health or safety of the officer, employee or minister; (g)to the Attorney General or legal counsel for the public body, for the purpose of preparing or obtaining legal advice for the government or public body or for use in civil proceedings involving the government or public body; (h)to the minister responsible for the Coroners Act or a person referred to in section 31 (1) of that Act, for the purposes of that Act; (i)if (i)the disclosure is for the purposes of collecting amounts owing to the government of British Columbia or a public body by (A)an individual, or (B)a corporation of which the individual the information is about is or was a director or officer, and (ii)in relation to disclosure outside Canada, there are reasonable grounds for believing that (A)the individual the information is about is in, resides in or has assets in the other jurisdiction, or (B)if applicable, the corporation was incorporated in, is doing business in or has assets in the other jurisdiction; (i.1)for the purposes of (i)a payment to be made to or by the government of British Columbia or a public body, (ii)authorizing, administering, processing, verifying or canceling such a payment, or (iii)resolving an issue regarding such a payment; (j)[Repealed 2011-17-13.] (k)for the purposes of (i)licensing or registration of motor vehicles or drivers, or (ii)verification of motor vehicle insurance, motor vehicle registration or drivers licences; (l)for the purposes of licensing, registration, insurance, investigation or discipline of persons regulated inside or outside Canada by governing bodies of professions and occupations; (m)if (i)the head of the public body determines that compelling circumstances exist that affect anyone's health or safety, and (ii)notice of disclosure is mailed to the last known address of the individual the information is about, unless the head of the public body considers that giving this notice could harm someone's health or safety; (m.1)for the purpose of reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur; (n)so that the next of kin or a friend of an injured, ill or deceased individual may be contacted; (o)in accordance with section 36 [disclosure for archival or historical purposes]; (p)if the disclosure (i)is necessary for (A)installing, implementing, maintaining, repairing, trouble-shooting or upgrading an electronic system or equipment that includes an electronic system, or (B)data recovery that is being undertaken following the failure of an electronic system that is used in Canada, by the public body or by a service provider for the purposes of providing services to a public body, and (ii)in the case of disclosure outside Canada, results in temporary access and storage that is limited to the minimum period of time necessary to complete the installation, implementation, maintenance, repair, trouble-shooting, upgrading or data recovery referred to in subparagraph (i); (p.1)if the disclosure (i)is necessary for the processing of information and if that processing does not (A)involve the intentional access of the information by an individual, or (B)result in the storage of personal information, other than personal information that is metadata, outside Canada, and (ii)in the case of disclosure outside Canada, results in temporary access that is limited to the minimum period of time necessary to complete the processing; (p.2)if the information is metadata that (i)is generated by an electronic system, and (ii)describes an individual's interaction with the electronic system, and if, (iii)if practicable, personal information in individually identifiable form has been removed from the metadata or destroyed, and (iv)in the case of disclosure to a service provider, the public body has prohibited any subsequent use or disclosure of personal information in individually identifiable form without the express authorization of the public body; (q)if the information was collected by observation at a presentation, ceremony, performance, sports meet or similar event (i)at which the individual voluntarily appeared, and (ii)that was open to the public; (r)if the information (i)was disclosed on a social media site by the individual the information is about, (ii)was obtained or compiled by the public body for the purpose of enabling the public body to engage individuals in public discussion or promotion respecting proposed or existing initiatives, policies, proposals, programs or activities of the public body or respecting legislation relating to the public body, and (iii)is disclosed for a use that is consistent with the purpose described in subparagraph (ii); (s)in accordance with section 35 [disclosure for research or statistical purposes]; (t)to comply with a subpoena, a warrant or an order issued or made by a court, person or body in Canada with jurisdiction to compel the production of information. (2)In addition to the authority under any other provision of this section or section 33.2, a public body that is a law enforcement agency may disclose personal information referred to in section 33 (a)to another law enforcement agency in Canada, or (b)to a law enforcement agency in a foreign country under an arrangement, a written agreement, a treaty or provincial or Canadian legislative authority. (3)The minister responsible for this Act may, by order, allow disclosure outside Canada under a provision of section 33.2 in specific cases or specified circumstances, subject to any restrictions or conditions that the minister considers advisable. (4)In addition to the authority under any other provision of this section or section 33.2, the Insurance Corporation of British Columbia may disclose personal information if (a)the information was obtained or compiled by that public body for the purposes of insurance provided by the public body, and (b)disclosure of the information is necessary to investigate, manage or settle a specific insurance claim. (5)In addition to the authority under any other provision of this section or section 33.2, a provincial identity information services provider may disclose personal identity information (a)to enable the provincial identity services provider to provide services under section 69.2, or (b)to a public body if the disclosure is necessary to enable the public body to identify an individual for the purpose of providing a service to the individual. (6)In addition to the authority under any other provision of this section or section 33.2, a public body may disclose personal identity information to a provincial identity information services provider if the disclosure is necessary to enable (a)the public body to identify an individual for the purpose of providing a service to the individual, or (b)the provincial identity information services provider to provide services under section 69.2. (7)Without limiting the authority under any other provision of this section or section 33.2, a public body may disclose personal information to the individual the information is about if (a)the individual has initiated contact with the public body about a matter and the public body is responding to that contact, (b)the public body discloses information only in respect of the matter, and (c)the public body uses (i)the same communication method used by the individual to initiate contact, or (ii)another communication method authorized by the individual. | A public body may use personal information in its custody or under its control only (a) for the purpose for which the information was obtained or compiled, or for a use consistent with that purpose, (b) if the individual the information is about has identified the information and has consented, in the prescribed manner, to the use, or (c) for a purpose for which the information may be disclosed to the public body under section 33. |
| 43 | Part 3 Protection of Privacy Division 2 - Use and Disclosure of Personal Information by Public Bodies 33.2 Disclosure inside Canada only | A public body may disclose personal information referred to in section 33 inside Canada as follows: (a)for the purpose for which it was obtained or compiled or for a use consistent with that purpose (see section 34); (b)[Repealed 2011-17-14.] (c)to an officer or employee of the public body or to a minister, if the information is necessary for the performance of the duties of the officer, employee or minister; (d)to an officer or employee of (i)a public body, or (ii)an agency, or to a minister, if the information is necessary for the delivery of a common or integrated program or activity and for the performance of the duties, respecting the common or integrated program or activity, of the officer, employee or minister to whom the information is disclosed; (e)to an officer or employee of a public body or to a minister, if the information is necessary for the protection of the health or safety of the officer, employee or minister; (f)to the auditor general or any other prescribed person or body for audit purposes; (g)to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem; (h)to a representative of the bargaining agent, who has been authorized in writing by the employee whom the information is about, to make an inquiry; (i)to a public body or a law enforcement agency in Canada to assist in a specific investigation (i)undertaken with a view to a law enforcement proceeding, or (ii)from which a law enforcement proceeding is likely to result; (j)to the digital archives, the museum archives of government or the archives of a public body, for archival purposes; (k)[Repealed 2011-17-14.] (l)to an officer or employee of a public body or to a minister, if the information is necessary for the purposes of planning or evaluating a program or activity of a public body. | (1) A public body may disclose personal information in its custody or under its control only as permitted by subsections (2) to (9) or by section 33.3. (2) A public body may disclose personal information in any of the following circumstances: (a) in accordance with Part 2; (b) if the information or disclosure is of a type described in section 22 (4) (e), (f), (h), (i) or (j); (c) if the individual the information is about has identified the information and has consented, in the prescribed manner, to the disclosure; (d) for the purpose for which the information was obtained or compiled, or for a use consistent with that purpose within the meaning of section 34 [definition of consistent purpose]; (e) in accordance with an enactment of British Columbia or of Canada that authorizes or requires the disclosure; (f) if the information is made available to the public under an enactment that authorizes or requires the information to be made public; (g) in accordance with a provision of a treaty, arrangement or written agreement that (i) authorizes or requires the disclosure, and (ii) is made under an enactment of British Columbia, other than this Act, or an enactment of Canada; (h) to an officer or employee of the public body, or to a minister, if the information is necessary for the performance of the duties of the officer, employee or minister; (i) to an officer or employee of a public body, or to a minister, if the information is necessary to protect the health or safety of the officer, employee or minister; (j) to an officer or employee of a public body, or to a minister, if the information is necessary for the purposes of planning or evaluating a program or activity of a public body; (k) to an officer or employee of a public body or an agency, or to a minister, if the information is necessary for the delivery of a common or integrated program or activity and for the performance of the duties, respecting the common or integrated program or activity, of the officer, employee or minister to whom the information is disclosed; (l) to comply with a subpoena, warrant or order issued or made by a court or person in Canada with jurisdiction to compel the production of information in Canada; (m) to the Attorney General or legal counsel for the public body (i) for the purpose of preparing or obtaining legal advice for the government or public body, or (ii) for use in civil proceedings involving the government or public body; (n) to the minister responsible for the Coroners Act or a person referred to in section 31 (1) of that Act, for the purposes of that Act; (o) for the purpose of collecting amounts owing to the government or a public body by (i) an individual, or (ii) a corporation of which the individual the information is about is or was a director or officer; (p) for the purposes of (i) a payment to be made to or by the government or a public body, (ii) authorizing, administering, processing, verifying or cancelling a payment, or (iii) resolving an issue regarding a payment; (q) for the purposes of licensing, registering, insuring, investigating or disciplining persons regulated by governing bodies of professions or occupations; (r) if the information was collected by observation at a presentation, ceremony, performance, sports meet or similar event (i) that was open to the public, and (ii) at which the individual the information is about appeared voluntarily; (s) to the auditor general or a prescribed person or body for audit purposes; (t) if the disclosure is necessary for (i) installing, implementing, maintaining, repairing, troubleshooting or upgrading an electronic system or equipment that includes an electronic system, or (ii) data recovery that is undertaken following the failure of an electronic system, that is used by the public body, or by a service provider for the purposes of providing services to a public body; (u) if the disclosure is necessary for the processing of information and the following apply: (i) the processing does not involve the intentional accessing of the information by an individual; (ii) any processing done outside of Canada is temporary; (v) if the information is metadata and the following apply: (i) the metadata is generated by an electronic system; (ii) the metadata describes an individual's interaction with the electronic system; (iii) if practicable, information in individually identifiable form has been removed from the metadata or destroyed; (iv) in the case of disclosure to a service provider, the public body has prohibited subsequent use or disclosure of information in individually identifiable form without the express authorization of the public body; (w) if the information (i) was disclosed on social media by the individual the information is about, (ii) was obtained or compiled by the public body for the purpose of enabling the public body to engage individuals in public discussion or promotion respecting proposed or existing initiatives, policies, programs or activities of the public body or respecting legislation relating to the public body, and (iii) is disclosed for a use that is consistent with the purpose described in subparagraph (ii); (x) to an Indigenous governing entity for the purposes of a program or activity that supports the exercise of the rights recognized and affirmed by section 35 of the Constitution Act. (3) A public body may disclose personal information in any of the following circumstances: (a) if (i) the head of the public body determines that compelling circumstances that affect anyone's health or safety exist, and (ii) notice of disclosure is mailed to the last known address of the individual the information is about, unless the head of the public body considers that the notice could harm anyone's health or safety; (b) for the purpose of reducing the risk that an individual will be a victim of domestic violence, if domestic violence is reasonably likely to occur; (c) to enable the next of kin or a friend of an injured, ill or deceased individual to be contacted; (d) to a public body, or a law enforcement agency in Canada, to assist in a specific investigation (i) undertaken with a view to a law enforcement proceeding, or (ii) from which a law enforcement proceeding is likely to result; (e) to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem; (f) to a representative of a bargaining agent who has been authorized in writing by the employee the information is about to make an inquiry; (g) to the digital archives or museum archives of government or the archives of a public body, for archival purposes; (h) for a research purpose, including statistical research, if (i) the research purpose cannot be accomplished unless the information is disclosed in individually identifiable form, or the research purpose has been approved by the commissioner, (ii) the information is disclosed on condition that it not be used for the purpose of contacting a person to participate in the research unless (A) the research is in relation to health issues, and (B) the commissioner has approved the research purpose, the use of the information for the purpose of contacting a person to participate in the research and the manner in which contact is to be made, including the information to be made available to the person contacted, (iii) any data-linking is not harmful to the individual the information is about and the benefits to be derived from the data-linking are clearly in the public interest, (iv) the head of the public body has approved conditions relating to the following: (A) security and confidentiality; (B) the removal or destruction of individual identifiers at the earliest reasonable time; (C) the prohibition of subsequent use or disclosure of the information in individually identifiable form without the express authorization of the public body, and (v) the person to whom the information is disclosed has signed an agreement to comply with the approved conditions, this Act and the public body's policies and procedures relating to the confidentiality of personal information. (4) In addition to the authority under any other provision of this section, the digital archives or museum archives of government or archives of a public body may disclose personal information in its custody or under its control for archival or historical purposes if (a) the disclosure would not be an unreasonable invasion of personal privacy under section 22, (b) the information is about an individual who has been deceased for 20 or more years, or (c) the information is in a record that has been in existence for 100 or more years. (5) In addition to the authority under any other provision of this section, a board or a francophone education authority, as those are defined in the School Act, may disclose personal information in its custody or under its control to a museum, an archives or a similar institution that is or forms part of a public body or an organization, as the latter is defined in the Personal Information Protection Act, if (a) the disclosure would not be an unreasonable invasion of personal privacy under section 22 of this Act, (b) the information is about an individual who has been deceased for 20 or more years, or (c) the information is in a record that has been in existence for 100 or more years. (6) In addition to the authority under any other provision of this section, a public body that is a law enforcement agency may disclose personal information (a) to another law enforcement agency in Canada, or (b) to a law enforcement agency in a foreign state under an arrangement, written agreement or treaty or under provincial or Canadian legislative authority. (7) In addition to the authority under any other provision of this section, the Insurance Corporation of British Columbia may disclose personal information (a) for the purposes of (i) licensing or registering motor vehicles or drivers, or (ii) verifying motor vehicle registration, insurance or driver licences, or (b) if (i) the information was obtained or compiled by the Insurance Corporation of British Columbia for the purposes of insurance it provides, and (ii) the disclosure is necessary to investigate, manage or settle a specific insurance claim. (8) In addition to the authority under any other provision of this section, a personal identity information services provider may disclose personal identity information (a) to enable the personal identity information services provider to provide a service under section 69.2, or (b) to a public body if the disclosure is necessary to enable the public body to identify an individual for the purpose of providing a service to the individual. (9) In addition to the authority under any other provision of this section, a public body may disclose personal identity information to a personal identity information services provider if the disclosure is necessary to enable (a) the public body to identify an individual for the purpose of providing a service to the individual, or (b) the personal identity information services provider to provide a service under section 69.2. |
| 44 | Part 3 Protection of Privacy Division 2 - Use and Disclosure of Personal Information by Public Bodies 33.3 Disclosure of personal information in records available to public without request | (1)A public body may disclose to the public a record that is within a category of records established under section 71 (1). (2)A ministry may disclose to the public a record that is within a category of records established under section 71.1 (1). | A public body may disclose personal information outside of Canada only if the disclosure is in accordance with the regulations, if any, made by the minister responsible for this Act. |
| 45 | Part 3 Protection of Privacy Division 2 - Use and Disclosure of Personal Information by Public Bodies 34 Definition of consistent purpose | For the purposes of section 32 (a), 33.1 (1) (r) (iii) or 33.2 (a), or paragraph (b) of the definition of "data linking" in Schedule 1, a use of personal information is consistent with the purpose for which the information was obtained or compiled if the use (a)has a reasonable and direct connection to that purpose, and (b)is necessary for performing the statutory duties of, or for operating a program or activity of, the public body that uses or discloses the information. | A public body may disclose personal information referred to in section 33 inside Canada as follows: (a)for the purpose for which it was obtained or compiled or for a use consistent with that purpose (see section 34); (b)[Repealed 2011-17-14.] (c)to an officer or employee of the public body or to a minister, if the information is necessary for the performance of the duties of the officer, employee or minister; (d)to an officer or employee of (i)a public body, or (ii)an agency, or to a minister, if the information is necessary for the delivery of a common or integrated program or activity and for the performance of the duties, respecting the common or integrated program or activity, of the officer, employee or minister to whom the information is disclosed; (e)to an officer or employee of a public body or to a minister, if the information is necessary for the protection of the health or safety of the officer, employee or minister; (f)to the auditor general or any other prescribed person or body for audit purposes; (g)to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem; (h)to a representative of the bargaining agent, who has been authorized in writing by the employee whom the information is about, to make an inquiry; (i)to a public body or a law enforcement agency in Canada to assist in a specific investigation (i)undertaken with a view to a law enforcement proceeding, or (ii)from which a law enforcement proceeding is likely to result; (j)to the digital archives, the museum archives of government or the archives of a public body, for archival purposes; (k)[Repealed 2011-17-14.] (l)to an officer or employee of a public body or to a minister, if the information is necessary for the purposes of planning or evaluating a program or activity of a public body. |
| 46 | Part 3 Protection of Privacy Division 2 - Use and Disclosure of Personal Information by Public Bodies 35 Disclosure for research or statistical purposes | (1)A public body may disclose personal information in its custody or under its control for a research purpose, including statistical research, only if (a)the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form or the research purpose has been approved by the commissioner, (a.1)subject to subsection (2), the information is disclosed on condition that it not be used for the purpose of contacting a person to participate in the research, (b)any data linking is not harmful to the individuals that information is about and the benefits to be derived from the data linking are clearly in the public interest, (c)the head of the public body concerned has approved conditions relating to the following: (i)security and confidentiality; (ii)the removal or destruction of individual identifiers at the earliest reasonable time; (iii)the prohibition of any subsequent use or disclosure of that information in individually identifiable form without the express authorization of that public body, and (d)the person to whom that information is disclosed has signed an agreement to comply with the approved conditions, this Act and any of the public body's policies and procedures relating to the confidentiality of personal information. (2)Subsection (1) (a.1) does not apply in respect of research in relation to health issues if the commissioner approves (a)the research purpose, (b)the use of disclosed information for the purpose of contacting a person to participate in the research, and (c)the manner in which contact is to be made, including the information to be made available to persons contacted. | (1)A public body may disclose to the public a record that is within a category of records established under section 71 (1). (2)A ministry may disclose to the public a record that is within a category of records established under section 71.1 (1). |
| 47 | Part 3 Protection of Privacy Division 2 - Use and Disclosure of Personal Information by Public Bodies 36 Disclosure for archival or historical purposes | (1)In addition to the authority under sections 33.1, 33.2 and 33.3, the digital archives, the museum archives of government or the archives of a public body may disclose personal information in its custody or under its control for archival or historical purposes if (a)the disclosure would not be an unreasonable invasion of personal privacy under section 22, (b)the disclosure is for historical research and is in accordance with section 35, (c)the information is about someone who has been dead for 20 or more years, or (d)the information is in a record that has been in existence for 100 or more years. (2)For the purposes of subsection (3), "institution" means a museum, an archives or a similar institution that is or forms part of a public body or an organization, as the latter is defined in the Personal Information Protection Act. (3)A board or a francophone education authority, as those are defined in the School Act, may disclose personal information in its custody or under its control to an institution if (a)the disclosure would not be an unreasonable invasion of personal privacy under section 22, (b)the disclosure is for historical research and is in accordance with section 35, (c)the information is about someone who has been dead for 20 or more years, or (d)the information is in a record that has been in existence for 100 or more years. | For the purposes of section 32 (a) or 33 (2) (d) or (w), a use of personal information is consistent with the purpose for which the information was obtained or compiled if the use (a)has a reasonable and direct connection to that purpose, and (b)is necessary for performing the statutory duties of, or for operating a program or activity of, the public body that uses or discloses the information. |
| 48 | Part 3 Protection of Privacy Division 3 - Data-linking Initiatives 36.1 Data-linking initiatives | (1)A public body participating in a new or significantly revised data-linking initiative must comply with the regulations, if any, prescribed for the purposes of this subsection. (2)If all the participants in a new or significantly revised data-linking initiative are a health care body, the ministry of the minister responsible for the administration of the Ministry of Health Act or a health-related organization as prescribed, then subsection (1) does not apply to the participants. (3)For the purposes of subsections (1) and (2), a public body is participating in (a)a new data-linking initiative if the data-linking initiative is implemented after the date this section comes into force, or (b)a significantly revised data-linking initiative if the data-linking initiative is an existing data-linking initiative and a public body participating in that data-linking initiative expands it by doing one or more of the following: (i)adding a public body or an agency that is not already a participant in the data-linking initiative; (ii)adding a database that is not already a part of the data-linking initiative; (iii)undertaking a purpose that is not already a purpose of the data-linking initiative; (iv)using a type of technology that is not already a part of the data-linking initiative. (4)Despite subsection (3) (a), a public body is not participating in a new data-linking initiative if, before the date this section comes into force, the public body has completed a written project plan respecting the data-linking initiative that states (a)the objectives of the project, (b)the costs and benefits of the project, and (c)the risks associated with those costs and benefits. | (1)A public body may disclose personal information in its custody or under its control for a research purpose, including statistical research, only if (a)the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form or the research purpose has been approved by the commissioner, (a.1)subject to subsection (2), the information is disclosed on condition that it not be used for the purpose of contacting a person to participate in the research, (b)any data linking is not harmful to the individuals that information is about and the benefits to be derived from the data linking are clearly in the public interest, (c)the head of the public body concerned has approved conditions relating to the following: (i)security and confidentiality; (ii)the removal or destruction of individual identifiers at the earliest reasonable time; (iii)the prohibition of any subsequent use or disclosure of that information in individually identifiable form without the express authorization of that public body, and (d)the person to whom that information is disclosed has signed an agreement to comply with the approved conditions, this Act and any of the public body's policies and procedures relating to the confidentiality of personal information. (2)Subsection (1) (a.1) does not apply in respect of research in relation to health issues if the commissioner approves (a)the research purpose, (b)the use of disclosed information for the purpose of contacting a person to participate in the research, and (c)the manner in which contact is to be made, including the information to be made available to persons contacted. |
| 49 | Part 4 Office and Powers of the Information and Privacy Commissioner 37 Appointment of commissioner | (1)On the recommendation of the Legislative Assembly, the Lieutenant Governor must appoint as the Information and Privacy Commissioner a person who has been unanimously recommended by a special Committee of the Legislative Assembly for the appointment. (2)The commissioner is an officer of the Legislature. (3)Subject to section 38, the commissioner holds office for a term of 6 years. (4)[Repealed 2005-25-1.] | (1)In addition to the authority under sections 33.1, 33.2 and 33.3, the digital archives, the museum archives of government or the archives of a public body may disclose personal information in its custody or under its control for archival or historical purposes if (a)the disclosure would not be an unreasonable invasion of personal privacy under section 22, (b)the disclosure is for historical research and is in accordance with section 35, (c)the information is about someone who has been dead for 20 or more years, or (d)the information is in a record that has been in existence for 100 or more years. (2)For the purposes of subsection (3), "institution" means a museum, an archives or a similar institution that is or forms part of a public body or an organization, as the latter is defined in the Personal Information Protection Act. (3)A board or a francophone education authority, as those are defined in the School Act, may disclose personal information in its custody or under its control to an institution if (a)the disclosure would not be an unreasonable invasion of personal privacy under section 22, (b)the disclosure is for historical research and is in accordance with section 35, (c)the information is about someone who has been dead for 20 or more years, or (d)the information is in a record that has been in existence for 100 or more years. |
| 50 | Part 4 Office and Powers of the Information and Privacy Commissioner 38 Resignation, removal or suspension of commissioner | (1)The commissioner may resign at any time by notifying the Speaker of the Legislative Assembly or, if there is no speaker or the speaker is absent from British Columbia, by notifying the clerk of the Legislative Assembly. (2)The Lieutenant Governor in Council must remove the commissioner from office or suspend the commissioner for cause or incapacity on the recommendation of 2/3 of the members present in the Legislative Assembly. (3)If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the commissioner for cause or incapacity. | (1) This section does not apply to a data-linking program that is part of research for the purpose of which personal information may be disclosed under section 33 (3) (h). (2) A public body conducting a data-linking program must comply with the regulations, if any, made for the purposes of this section. |
New wpDataTable
| wdt_ID | The Part and Section | Current Freedom of Information and Privacy Protection Act | Bill 22 Text |
|---|---|---|---|
| 1 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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). |