1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


ATTORNEY GENERAL

BILL 50 -- 1992

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

Contents

  Section  

 
Part 1 -- Introductory Provisions

 

1 

Definitions

 

2 

Purposes of this Act

 

3 

Scope of this Act

 
Part 2 -- Freedom of Information

 

 
Division 1 -- Information Rights and How to Exercise Them

 

4 

Information rights

 

5 

How to make a request

 

6 

Duty to assist applicants

 

7 

Time limit for responding

 

8 

Contents of response

 

9 

How access will be given

 

10 

Extending the time limit for responding

 

11 

Transferring a request

 

 
Division 2 -- Exceptions

 

12 

Cabinet confidences

 

13 

Policy advice, recommendations or draft regulations

 

14 

Legal advice

 

15 

Disclosure harmful to law enforcement

 

16 

Disclosure harmful to intergovernmental relations or negotiations

 

17 

Disclosure harmful to the financial or economic interests of a public body

 

18 

Disclosure harmful to the conservation of heritage sites, etc.

 

19 

Disclosure harmful to individual or public safety

 

20 

Information that will be published or released within 60 days

 

21 

Disclosure harmful to business interests of a third party

 

22 

Disclosure harmful to personal privacy

 

 
Division 3 -- Notice to Third Parties

 

23 

Notifying the third party

 

24 

Time limit and notice of decision

 

 
Division 4 -- Public Health and Safety Paramount

 

25 

Information must be disclosed if health or safety at risk

 
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

 

27 

How personal information is to be collected

 

28 

Accuracy of personal information

 

29 

Right to request correction of personal information

 

30 

Protection of personal information

 

31 

Retention of personal information

 

 
Division 2 -- Use and Disclosure of Personal Information by Public Bodies

 

32 

Use of personal information

 

33 

Disclosure of personal information

 

34 

Definition of consistent purposes

 

35 

Disclosure for research or statistical purposes

 

36 

Disclosure for archival or historical purposes

 
Part 4 -- Office and Powers of Information and Privacy Commissioner

 

37 

Appointment of commissioner

 

38 

Resignation, removal or suspension of commissioner

 

39 

Acting commissioner

 

40 

Salary, expenses and benefits of commissioner

 

41 

Staff of commissioner

 

42 

General powers of commissioner

 

43 

Power to authorize a public body to disregard requests

 

44 

Powers of commissioner in conducting investigations or inquiries

 

45 

Statements made to the commissioner not admissible in evidence

 

46 

Protection against libel or slander actions

 

47 

Restrictions on disclosure of information by the commissioner and staff

 

48 

Protection of commissioner and staff

 

49 

Delegation by commissioner

 

50 

Role of Ombudsman

 

51 

Annual report of commissioner

 
Part 5 -- Reviews and Complaints

 

 
Division 1 -- Reviews by the Commissioner

 

52 

Right to ask for a review

 

53 

How to ask for a review

 

54 

Notifying others of review

 

55 

Mediation may be authorized

 

56 

Inquiry by commissioner

 

57 

Burden of proof

 

58 

Commissioner's orders

 

59 

Duty to comply with orders

 

 
Division 2 -- Complaints About and Reviews of the Commissioner's Decisions as Head of a Public Body

 

60 

Adjudicator to investigate complaints and review decisions

 

61 

Powers, duties and protections of adjudicator

 

62 

Right to ask for a review

 

63 

How to ask for a review

 

64 

Notifying others of review

 

65 

Conduct and outcome of the review

 
Part 6 -- General Provisions

 

66 

Delegation by the head of a public body

 

67 

Consultative committee

 

68 

Annual report of minister

 

69 

Freedom of information directory

 

70 

Records available without request

 

71 

Public record index

 

72 

Protection of public body from legal suit

 

73 

Offences and penalties

 

74 

Fees

 

75 

Power to make regulations

 

76 

Appropriation

 

77 

Interim relationship to other Acts

 

78 

Review of Act

 

79 

Consequential Amendment

 

80 

Commencement

 

Schedule 1 -- Definitions

 

Schedule 2 -- Public Bodies

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Part 1 -- Introductory Provisions

Definitions

1 Schedule 1 contains definitions of terms used in this Act.

Purposes of this Act

2 (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.

Scope of this Act

3 (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 record in a court file, 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 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) a record that is created by or is in the custody of an officer of the Legislature and that relates to the exercise of that officer's functions under an Act;

(d) a record of a question that is to be used on an examination or test;

(e) material placed in the British Columbia Archives and Records Service by or for a person or agency other than a public body.

(2) This Act does not limit the information available by law to a party to a proceeding.

 
Part 2 -- Freedom of Information

 
Division 1 --- Information Rights and How to Exercise Them

Information rights

4 (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 74.

How to make a request

5 (1) To obtain access to a record, an applicant must make a request to the public body that the applicant believes has custody or control of the record.

(2) A request must be in writing and must provide enough detail to enable the public body to identify the record.

(3) The applicant may ask for a copy of the record or ask to examine the record.

Duty to assist applicants

6 (1) The head of a public body must make every reasonable effort to assist applicants and to respond 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.

Time limit for responding

7 The head of a public body must make every reasonable effort to respond without delay and not later than 30 days after a request is received unless

(a) the time limit is extended under section 10, or

(b) the request has been transferred under section 11 to another public body.

Contents of response

8 (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 record containing information described in section 15 (information harmful to law enforcement).

How access will be given

9 (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) or (3) of this section.

(2) If the applicant has asked for a copy under section 5 (3) and the record can reasonably be reproduced,

(a) a copy of the record or part of the record must be provided with the response, or

(b) the applicant must be given reasons for the delay.

(3) If the applicant has asked to examine the record under section 5 (3) or if the record cannot reasonably be reproduced, the applicant must

(a) be permitted to examine the record or part of the record, or

(b) be given access in accordance with the regulations.

Extending the time limit for responding

10 (1) The head of a public body may extend the time for responding to a request for a reasonable period if

(a) the applicant does not give enough detail to enable the public body to identify a requested record,

(b) a large number of records is requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the public body,

(c) the head of the public body needs more time to consult with a third party or another public body before deciding whether or not to give the applicant access to a requested record (see sections 21 and 22), or

(d) a third party asks for a review under section 52 (2) or 62 (2).

(2) If the time is extended under subsection (1), the head of the public body must tell the applicant

(a) the reason,

(b) when a response can be expected, and

(c) that the applicant may complain about the extension under section 42 (2) (b) or 60 (1) (a).

Transferring a request

11 (1) Within 10 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 record was produced by or for the other public body,

(b) the other public body was the first to obtain the record, or

(c) the record is in the custody or under the control of the other public body.

(2) If a request is transferred under subsection (1),

(a) the head of the public body who transferred the request must notify the applicant of the transfer, and

(b) the head of the public body to which the request is transferred must respond to the applicant in accordance with section 8 not later than 30 days after the request is received by that public body unless this time limit is extended under section 10.

 
Division 2 - Exceptions

Cabinet confidences

12 (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.

Policy advice, recommendations
or draft regulations

13 (1) The head of a public body may refuse to disclose to an applicant information that would reveal advice, recommendations or draft regulations 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 audit on the performance or efficiency of a public body or on any of its programs or policies,

(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 to change a program, 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,

(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, or

(o) an instruction or guideline issued to the officers or employees of the public body, or a substantive rule or statement of policy that has been adopted by the public body, for the purpose of interpreting an enactment or administering a program or activity 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.

Legal advice

14 The head of a public body may refuse to disclose to an applicant information that is subject to solicitor client privilege.

Disclosure harmful to law enforcement

15 (1) The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to

(a) interfere with a law enforcement matter,

(b) interfere with an investigation into activities suspected of threatening the security of Canada,

(c) reveal 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 or reveal information furnished only by the confidential source,

(e) endanger the life or physical safety of a law enforcement officer or any other person,

(f) reveal any information relating to a prosecution matter, including a decision not to prosecute,

(g) deprive a person of the right to a fair trial or impartial adjudication,

(h) reveal, or interfere with gathering, information relating to law enforcement or activities suspected of threatening the security of Canada,

(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 unlawful act or hamper the control of crime,

(l) harm the security of any property or system, including a building, a vehicle, a computer system or a communications system, or

(m) unfairly damage the reputation of a person or organization referred to in a report prepared in the course of law enforcement.

(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 under sentence 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, or

(b) a report, including statistical analysis, on the degree of success achieved in a law enforcement program 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).

Disclosure harmful to intergovernmental
relations or negotiations

16 (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 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 the Executive Council.

(3) Subsection (1) does not apply to information in a record that has been in existence for 15 or more years.

Disclosure harmful to the financial or
economic interests of a public body

17 (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.

(2) 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.

Disclosure harmful to theconservation of heritage sites, etc.

18 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 of plants, animals or invertebrates, or

(c) any other rare or endangered living resources.

Disclosure harmful to individualor public safety

19 (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 health or safety, 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, in the opinion of an expert, the disclosure could reasonably be expected to result in immediate and grave harm to the applicant's safety or mental or physical health.

Information that will be published
or released within 60 days

20 (1) The head of a public body may refuse to disclose to an applicant information

(a) that is published and available for purchase by the public, or

(b) that, within 60 days after the applicant's request is received, is to be published or released to the public.

(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) (b).

Disclosure harmful to business
interests of a third party

21 (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 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 the third party consents to the disclosure.

Disclosure harmful to personal privacy

22 (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) 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 section 5 of 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 reveals details of a licence, permit or other similar discretionary benefit granted to the third party by a public body, not including personal information supplied in support of the application for the benefit, or

(j) the disclosure reveals details of a discretionary benefit of a financial nature granted to the third party by a public body, not including personal information that is supplied in support of the application for the benefit or is referred to in subsection (3) (c).

(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 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,

(h) the personal information indicates the third party's racial or ethnic origin, sexual orientation or religious or political beliefs or associations, or

(i) the personal information consists of the third party's name together with his or her address or telephone number and is to be used for mailing lists or solicitations by telephone or other means.

(4) Before refusing to disclose personal information under this section, the head of a public body must consider all the relevant circumstances, including whether

(a) the third party will be exposed unfairly to financial or other harm,

(b) the personal information is unlikely to be accurate or reliable,

(c) the personal information has been supplied in confidence,

(d) the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant,

(e) the personal information is relevant to a fair determination of the applicant's rights,

(f) the disclosure will assist in researching or validating the claims, disputes or grievances of aboriginal people,

(g) the disclosure is desirable for the purpose of subjecting the activities of the government of British Columbia or a public body to public scrutiny, and

(h) the disclosure is likely to promote public health and safety.

(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 the summary cannot be prepared without disclosing the identity of a third party who supplied the personal information.

(6) The head of the public body may allow the third party to prepare the summary of personal information under subsection (5).

 
Division 3 - Notice to Third Parties

Notifying the third party

23 (1) Before giving access to a record that the head of a public body has reason to believe might contain information to which section 21 or 22 applies, the head must, where practicable, give the third party a notice

(a) stating 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) describing the contents of the record, and

(c) stating that, within 20 days after the notice is given, the third party may make written representations to the public body explaining why the information should not be disclosed.

(2) 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.

Time limit and notice of decision

24 (1) Within 30 days after notice is given under section 23 (1), 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).

 
Division 4 - Public Health and Safety Paramount

Information must be disclosed
if health or safety at risk

25 (1) Despite any other provision of this Act, the head of a public body must disclose information to the public or an affected group of people if the head has reason to believe that the information would reveal the existence of a serious environmental, health or safety hazard to the public or group of people.

(2) 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.

(3) If it is not practicable to comply with subsection (2), 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.

 
Part 3 -- Protection of Privacy

 
Division 1 -- Collection, Protection and Retention of Personal Information by Public Bodies

Purpose for which personal
information may be collected

26 No personal information may be collected by or for a public body unless

(a) the collection of that information is expressly authorized by or under an Act,

(b) that information is collected for the purposes of law enforcement, or

(c) that information relates directly to and is necessary for an operating program or activity of the public body.

How personal information is to be collected

27 (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) (h), or

(iii) another enactment,

(b) the information may be disclosed to the public body under sections 33 to 36, or

(c) the information is collected for the purpose of

(i) determining suitability for an honour or award,

(ii) a proceeding before a court or a judicial or quasi judicial tribunal,

(iii) collecting a debt or making a payment, or

(iv) law enforcement.

(2) A public body must tell an individual from whom it collects personal information

(a) the purpose for collecting it,

(b) the legal authority for collecting it, and

(c) the name, 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, or

(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.

Accuracy of personal information

28 If an individual's personal information will be used by a public body to make a decision that directly affects the individual, the public body must make every reasonable effort to ensure that the information is accurate and complete.

Right to request correction
of personal information

29 (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.

Protection of personal information

30 The head of a public body must protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.

Retention of personal information

31 If a public body uses an individual's personal information to make a decision that directly affects the individual, the public body must retain that information for at least one year after using it so that the individual has a reasonable opportunity to obtain access to it.

Division 2 -- Use and Disclosure of Personal Information by Public Bodies

Use of personal information

32 A public body may use personal information 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.

Disclosure of personal information

33 A public body may disclose personal information only

(a) in accordance with Part 2,

(b) if the individual the information is about has identified the information and consented, in the prescribed manner, to its disclosure,

(c) for the purpose for which it was obtained or compiled or for a use consistent with that purpose (see section 34),

(d) for the purpose of complying with an enactment of, or with a treaty, arrangement or agreement made under an enactment of, British Columbia or Canada,

(e) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information,

(f) 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,

(g) to the Attorney General for use in civil proceedings involving the government,

(h) to the Attorney General or a person referred to in section 37 of the Coroners Act, for the purposes of that Act,

(i) for the purpose of

(i) collecting a debt owing by an individual to the government of British Columbia or to a public body, or

(ii) making a payment owing by the government of British Columbia or by a public body to an individual,

(j) to the auditor general or any other prescribed person or body for audit purposes,

(k) to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem,

(l) 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,

(m) to the British Columbia Archives and Records Service for archival purposes,

(n) to a public body or a law enforcement agency in Canada to assist in an investigation

(i) undertaken with a view to a law enforcement proceeding, or

(ii) from which a law enforcement proceeding is likely to result,

(o) if the public body is a law enforcement agency and the information is disclosed

(i) to another law enforcement agency in Canada, or

(ii) to a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,

(p) if the head of the public body determines that compelling circumstances exist that affect anyone's health or safety and if notice of disclosure is mailed to the last known address of the individual the information is about,

(q) so that the next of kin or a friend of an injured, ill or deceased individual may be contacted, and

(r) in accordance with sections 35 and 36.

Definition of consistent purposes

34 (1) A use of personal information is consistent under section 32 or 33 with the purposes 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 legally authorized program of, the public body that uses the information or to which the information is disclosed.

(2) The minister responsible for this Act must publish annually a list of the consistent purposes for which personal information is used or disclosed.

Disclosure for research or statistical purposes

35 A public body may disclose personal information 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,

(b) any record linkage is not harmful to the individuals that information is about and the benefits to be derived from the record linkage 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.

Disclosure for archival or historical purposes

36 The British Columbia Archives and Record Service may disclose personal information 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.

 
Part 4 -- Office and Powers of Information and Privacy Commissioner

Appointment of commissioner

37 (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.

Resignation, removal or suspension
of commissioner

38 (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) On the recommendation of the Legislative Assembly, based on cause or incapacity, the Lieutenant Governor must remove the commissioner from office or suspend the commissioner, in accordance with the recommendation.

(3) If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the commissioner for cause or incapacity.

Acting commissioner

39 (1) The Lieutenant Governor in Council may appoint an acting commissioner if

(a) the office of commissioner is or becomes vacant when the Legislative Assembly is not sitting,

(b) the commissioner is suspended when the Legislative Assembly is not sitting,

(c) the commissioner is removed or suspended or the office of the commissioner becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Assembly under section 37 (1) before the end of the session, or

(d) the commissioner is temporarily absent because of illness or for another reason.

(2) An acting commissioner holds office until

(a) a person is appointed under section 37 (1),

(b) the suspension of the commissioner ends,

(c) the Legislative Assembly has sat for 20 days after the date of the acting commissioner's appointment, or

(d) the commissioner returns to office after a temporary absence,

whichever is the case and whichever occurs first.

Salary, expenses and benefits of commissioner

40 (1) A commissioner appointed under section 37 (1) or 39 (1) is entitled

(a) to be paid, out of the consolidated revenue fund, a salary equal to the salary paid to the chief judge of the Provincial Court, and

(b) to be reimbursed for reasonable travelling and out of pocket expenses personally incurred in performing the duties of the office.

(2) The Lieutenant Governor in Council may order that the Pension (Public Service) Act applies to the commissioner.

Staff of commissioner

41 (1) The commissioner may appoint, in accordance with the Public Service Act, employees necessary to enable the commissioner to perform the duties of the office.

(2) The commissioner may retain any consultants, mediators or other persons and may establish their remuneration and other terms and conditions of their retainers.

(3) The Public Service Act does not apply in respect of a person retained under subsection (2).

(4) The commissioner may make a special report to the Legislative Assembly if, in the commissioner's opinion,

(a) the amounts and establishment provided for the office of commissioner in the estimates, or

(b) the services provided by the Government Personnel Services Division

are inadequate for fulfilling the duties of the office.

General powers of commissioner

42 (1) In addition to the commissioner's powers and duties under Part 5 with respect to reviews, the commissioner is generally responsible for monitoring how this Act is administered to ensure that its purposes are achieved, and may

(a) conduct investigations to ensure compliance with any provision of this Act,

(b) make an order described in section 58 (3) (e) or (f) whether or not a review is requested,

(c) inform the public about this Act,

(d) receive comments from the public concerning the administration of this Act,

(e) engage in or commission research into anything affecting the achievement of the purposes of this Act,

(f) comment on the implications for access to information or for protection of privacy of proposed legislative schemes or programs of public bodies,

(g) comment on the implications for protection of privacy of using or disclosing personal information for record linkage,

(h) authorize the collection of personal information from sources other than the individual the information is about, and

(i) bring to the attention of the head of a public body any failure to meet the prescribed standards for fulfilling the duty to assist applicants.

(2) Without limiting subsection (1), the commissioner may investigate and attempt to resolve complaints that

(a) a duty imposed by section 6 has not been performed,

(b) an extension of time for responding to a request is not in accordance with section 10,

(c) a fee required under this Act is inappropriate,

(d) a correction of personal information requested under section 29 (1) has been refused without justification,

(e) a duty imposed by section 29 (2) to (4) has not been performed by a public body, and

(f) personal information has been collected, used or disclosed by a public body in contravention of Part 3.

Power to authorize a public body
to disregard requests

43 If the head of a public body asks, the commissioner may authorize the public body to disregard requests under section 5 that, because of their repetitious or systematic nature, would unreasonably interfere with the operations of the public body.

Powers of commissioner in conducting
investigations or inquiries

44 (1) In conducting an investigation under section 42 or an inquiry under section 56, the commissioner has the powers given to a commissioner by sections 15 and 16 of the Inquiry Act and the powers given by subsection (2) of this section.

(2) The commissioner may require any record to be produced to the commissioner and may examine any information in a record, including personal information.

(3) Despite any other enactment or any privilege of the law of evidence, a public body must produce to the commissioner within 10 days any record or a copy of any record required under subsection (1) or (2).

(4) If a public body is required to produce a record under subsection (1) or (2) and it is not practicable to make a copy of the record, the head of that public body may require the commissioner to examine the original at its site.

(5) After completing a review or investigating a complaint, the commissioner must return any record or any copy of any record produced by the public body concerned.

Statements made to the commissioner
not admissible in evidence

45 (1) A statement made or an answer given by a person during an investigation or inquiry by the commissioner is inadmissible in evidence in court or in any other proceeding, except

(a) in a prosecution for perjury in respect of sworn testimony,

(b) in a prosecution for an offence under this Act, or

(c) in an application for judicial review or an appeal from a decision with respect to that application.

(2) Subsection (1) applies also in respect of evidence of the existence of proceedings conducted before the commissioner.

Protection against libel or slander actions

46 Anything said, any information supplied or any record produced by a person during an investigation or inquiry by the commissioner is privileged in the same manner as if the investigation or inquiry were a proceeding in a court.

Restrictions on disclosure of information
by the commissioner and staff

47 (1) The commissioner and anyone acting for or under the direction of the commissioner must not disclose any information obtained in performing their duties, powers and functions under this Act, except as provided in subsections (2) to (5).

(2) The commissioner may disclose, or may authorize anyone acting on behalf of or under the direction of the commissioner to disclose, information that is necessary to

(a) conduct an investigation or inquiry under this Act, or

(b) establish the grounds for findings and recommendations contained in a report under this Act.

(3) In conducting an investigation or inquiry under this Act and in a report under this Act, the commissioner and anyone acting for or under the direction of the commissioner must take every reasonable precaution to avoid disclosing and must not disclose

(a) any information the head of a public body would be required or authorized to refuse to disclose if it were contained in a record requested under section 5, or

(b) whether information exists, if the head of a public body in refusing to provide access does not indicate whether the information exists.

(4) The commissioner may disclose to the Attorney General information relating to the commission of an offence against an enactment of British Columbia or Canada if the commissioner considers there is evidence of an offence.

(5) The commissioner may disclose, or may authorize anyone acting for or under the direction of the commissioner to disclose, information in the course of a prosecution, application or appeal referred to in section 45.

Protection of commissioner and staff

48 No proceedings lie against the commissioner, or against a person acting on behalf of or under the direction of the commissioner, for anything done, reported or said in good faith in the exercise or performance or the intended exercise or performance of a duty, power or function under this Part or Part 5.

Delegation by commissioner

49 (1) The commissioner may delegate to any person any duty, power or function of the commissioner under this Act, except

(a) the power to delegate under this section,

(b) the power to examine information described in section 12 or 15 (Cabinet confidences and information harmful to law enforcement), and

(c) the duties, powers and functions specified in section 42 (1) (b), 43 or 58.

(2) A delegation under subsection (1) must be in writing and may contain any conditions or restrictions the commissioner considers appropriate.

Role of Ombudsman

50 The Ombudsman may not investigate any matter that the commissioner has the power to investigate or review under this Act.

Annual report of commissioner

51 (1) The commissioner must report annually to the Speaker of the Legislative Assembly on

(a) the work of the commissioner's office, and

(b) any complaints or reviews resulting from a decision, act or failure to act of the commissioner as head of a public body.

(2) The Speaker must lay each annual report before the Legislative Assembly as soon as possible.

 
Part 5 -- Reviews and Complaints

 
Division 1 -- Reviews by the Commissioner

Right to ask for a review

52 (1) A person who makes a request to the head of a public body, other than the commissioner, for access to a record or for correction of personal information may ask the commissioner to review any decision, act or failure to act of the head that relates to that request, including any matter that could be the subject of a complaint under section 42 (2).

(2) A third party notified under section 23 of a request for access may ask the commissioner to review any decision made about the request by the head of a public body, other than the commissioner.

How to ask for a review

53 (1) To ask for a review under this Division, a written request must be delivered to the commissioner.

(2) A request for a review of a decision of the head of a public body must be delivered within 20 days after the person asking for the review is notified of the decision.

Notifying others of review

54 On receiving a request for a review, the commissioner must give a copy to

(a) the head of the public body concerned, and

(b) any other affected person.

Mediation may be authorized

55 The commissioner may authorize a mediator to investigate and to try to settle a matter under review.

Inquiry by commissioner

56 (1) If the matter is not settled under section 55, the commissioner must conduct an inquiry and may decide all questions of fact and law arising in the course of the inquiry.

(2) An inquiry under subsection (1) may be conducted in private.

(3) The person who asked for the review, the head of the public body concerned and any person given a copy of the request for a review must be given an opportunity to make representations to the commissioner during the inquiry, but no one is entitled to be present during, to have access to or to comment on representations made to the commissioner by another person.

(4) The commissioner may decide whether the representations are to be made orally or in writing.

(5) The person who asked for the review, the head of the public body concerned and any person given a copy of the request for a review may be represented at the inquiry by counsel or an agent.

(6) An inquiry into a matter under review must be completed within 90 days after receiving the request for the review.

Burden of proof

57 (1) At an inquiry into a decision to refuse an applicant access to all or part of a record, it is up to the head of the public body to prove that the applicant has no right of access to the record or part.

(2) However, if the record or part that the applicant is refused access to contains personal information about a third party, it is up to the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy.

(3) At an inquiry into a decision to give an applicant access to all or part of a record containing information that relates to a third party,

(a) in the case of personal information, it is up to the applicant to prove that disclosure of the information would not be an unreasonable invasion of the third party's personal privacy, and

(b) in any other case, it is up to the third party to prove that the applicant has no right of access to the record or part.

Commissioner's orders

58 (1) On completing an inquiry under section 56, the commissioner must dispose of the issues by making an order under this section.

(2) If the inquiry is into a decision of the head of a public body to give or to refuse to give access to all or part of a record, the commissioner may, by order, do the following:

(a) require the head to give the applicant access to all or part of the record, if the commissioner determines that the head is not authorized or required to refuse access;

(b) either confirm the decision of the head or require the head to reconsider it, if the commissioner determines that the head is authorized to refuse access;

(c) require the head to refuse access to all or part of the record, if the commissioner determines that the head is required to refuse access.

(3) If the inquiry is into any other matter, the commissioner may, by order, do one or more of the following:

(a) require that a duty imposed by this Act be performed;

(b) confirm or reduce the extension of a time limit under section 10;

(c) confirm or reduce a fee or order a refund;

(d) confirm a decision not to correct personal information or specify how personal information is to be corrected;

(e) require a public body to stop collecting, using or disclosing personal information in contravention of this Act;

(f) require the head of a public body to destroy personal information collected in contravention of this Act.

(4) The commissioner may specify any terms or conditions in an order made under this section.

(5) The commissioner must give a copy of an order made under this section to

(a) the person who asked for the review,

(b) the head of the public body concerned,

(c) any person given notice under section 54, and

(d) the minister responsible for this Act.

Duty to comply with orders

59 (1) Not later than 30 days after being given a copy of an order of the commissioner, the head of the public body concerned must comply with the order unless an application for judicial review of the order is brought before that period ends.

(2) An order of the commissioner is stayed if an application for judicial review is brought before the end of the period referred to in subsection (1).

 
Division 2 -- Complaints About and Reviews of the Commissioner's Decisions as Head of a Public Body

Adjudicator to investigate complaints
and review decisions

60 (1) The Lieutenant Governor in Council may designate a person who is a judge of the Supreme Court to act as an adjudicator and

(a) to investigate complaints made against the commissioner as head of a public body with respect to any matter referred to in section 42 (2) (a) to (e), and

(b) to review, if requested under section 62, any decision, act or failure to act of the commissioner as head of a public body.

(2) An adjudicator may retain the services of any persons necessary to assist the adjudicator in performing his or her functions under this Act.

(3) The government may pay out of the consolidated revenue fund,

(a) to an adjudicator, the expenses a judge is entitled to receive under section 57 (3) of the Judges Act (Canada) while acting as an adjudicator, and

(b) to a person whose services are retained under subsection

(2), remuneration for those services.

Powers, duties and protections of adjudicator

61 (1) For the purposes of section 60, an adjudicator has the powers, duties and functions given to the commissioner by sections 42 (2) (a) to (e), 43, 44 and 47 (1), (2) (a) and (3) to (5).

(2) Sections 45, 46, 48 and 50 apply for the purposes of an investigation, inquiry or review by an adjudicator.

Right to ask for a review

62 (1) A person who makes a request to the commissioner as head of a public body for access to a record or for correction of personal information may ask an adjudicator to review any decision, act or failure to act of the commissioner that relates to the request, including any matter that could be the subject of a complaint under section 42 (2) (a) to (e).

(2) A third party notified under section 24 of a request for access may ask an adjudicator to review any decision made about the request by the commissioner as head of a public body.

How to ask for a review

63 (1) To ask for a review under this Division, a written request must be delivered to the minister responsible for this Act.

(2) A request for a review of a decision of the commissioner must be delivered within 20 days after the person asking for the review is notified of the decision.

Notifying others of review

64 On receiving a request for a review, the minister responsible for this Act must promptly forward the request to an adjudicator and must give a copy to

(a) the commissioner, and

(b) any other affected person.

Conduct and outcome of the review

65 (1) An adjudicator has the powers and duties given to the commissioner by sections 55 and 56 (1) and (2), and sections 56 (3) to (6) and 57 apply to an inquiry conducted by the adjudicator.

(2) On completing an inquiry, an adjudicator has the same duty to dispose of the issues, the same powers to make orders and the same duty to notify others of those orders, as the commissioner has under section 58 (1), (2), (3) (a) to (d), (4) and (5).

(3) Section 59 applies to an order of an adjudicator.

 
Part 6 -- General Provisions

Delegation by the head of a public body

66 (1) The head of a public body may delegate to any person any duty, power or function of the head of the public body under this Act, except the power to delegate under this section.

(2) A delegation under subsection (1) must be in writing and may contain any conditions or restrictions the head of the public body considers appropriate.

Consultative committee

67 The minister responsible for this Act may establish a consultative committee to make recommendations to the minister about the operation of this Act.

Annual report of minister

68 The minister responsible for this Act must prepare an annual report on its administration and lay the report before the Legislative Assembly as soon as possible.

Freedom of information directory

69 (1) The minister responsible for this Act must publish a directory to assist in identifying and locating records.

(2) The directory must include

(a) a description of the mandate and functions of each public body and its components,

(b) a description and list of the records in the custody or under the control of each public body,

(c) a subject index, and

(d) the name, title, business address and business telephone number of the head of the public body.

(3) The directory must include, for each personal information bank, the following:

(a) its title and location;

(b) a description of the kind of personal information and the categories of individuals whose personal information is included;

(c) the authority for collecting the personal information;

(d) the purposes for which the personal information was obtained or compiled and the purposes for which it is used or disclosed;

(e) the categories of persons who use the personal information or to whom it is disclosed.

(4) If personal information is used or disclosed by a public body for a purpose that is not included in the directory published under subsection (1), the head of the public body must

(a) keep a record of the purpose and either attach or link the record to the personal information,

(b) promptly notify the minister responsible for this Act of the purpose, and

(c) ensure that the purpose is included in the next publication of the directory.

(5) The minister responsible for this Act must

(a) ensure that copies of the directory are available at public libraries in British Columbia and at the offices of public bodies, and

(b) publish and distribute, at intervals of 2 years or less, supplements or replacements to keep the directory up to date.

Records available without request

70 (1) The head of a public body may prescribe categories of records that are in the custody or under the control of the public body and are available to the public without a request for access under this Act.

(2) The head of a public body may require a person who asks for a copy of an available record to pay a fee to the public body.

(3) Subsection (1) does not limit the discretion of the government of British Columbia or a public body to release records that do not contain personal information.

Public record index

71 (1) To assist in disseminating information to the public, the minister responsible for this Act must publish annually an index of records that are available to the public under section 70.

(2) The index must include, for each category of records prescribed by the head of a public body under section 70, the following:

(a) a description of the mandate and functions of the public body;

(b) a description and list of all records in that category produced or obtained by the public body during the past 12 months;

(c) the location of the records;

(d) the name, title, business address and business telephone number of an officer or employee of the public body who can answer questions about the records.

(3) The minister responsible for this Act must ensure that copies of the index are available at public libraries in British Columbia and at the offices of public bodies.

Protection of public body from legal suit

72 (1) No action or other proceeding lies against the head of a public body or any person acting on behalf of or under the direction of the head of a public body for damages resulting from

(a) the disclosure in good faith of all or part of a record under this Act or any consequences of that disclosure, or

(b) the failure to give any notice required under this Act if reasonable care is taken to give the required notice.

(2) Subsection (1) does not absolve the government of British Columbia or a public body from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

Offences and penalties

73 (1) A person must not wilfully

(a) make a false statement to, or mislead or attempt to mislead, the commissioner or another person in the performance of the duties, powers or functions of the commissioner or other person under this Act,

(b) obstruct the commissioner or another person in the performance of the duties, powers or functions of the commissioner or other person under this Act, or

(c) fail to comply with an order made by the commissioner under section 58 or by an adjudicator under section 65 (2).

(2) A person who contravenes subsection (1) commits an offence and is liable to a fine of up to $5 000.

(3) Section 5 of the Offence Act does not apply to this Act.

Fees

74 (1) The head of a public body may require an applicant who makes a request under section 5 to pay to the public body fees for the following services:

(a) locating, retrieving and producing the record;

(b) preparing the record for disclosure;

(c) shipping and handling the record;

(d) providing a copy of the record.

(2) Subsection (1) does not apply to a request for the applicant's own personal information.

(3) If an applicant is required to pay fees for services under subsection (1), the public body must give the applicant an estimate of the total fee before providing the services.

(4) The head of a public body may excuse an applicant from paying all or part of a fee if, in the head's opinion,

(a) the applicant cannot afford the payment,

(b) public health or safety would benefit from disseminating the record requested by the applicant, or

(c) for any other reason it is clearly in the public interest or fair to do so.

(5) The fees that prescribed categories of applicants are required to pay for services under subsection (1) may differ from the fees other applicants are required to pay for them, but may not exceed the actual costs of the services.

Power to make regulations

75 (1) The Lieutenant Governor in Council may make regulations

(a) prescribing procedures to be followed in making and responding to requests under this Act,

(b) permitting prescribed categories of applicants to make requests under this Act orally instead of in writing,

(c) setting standards to be observed by officers or employees of a public body in fulfilling the duty to assist applicants,

(d) prescribing for the purposes of section 18 the categories of sites that are considered to have heritage or anthropological value,

(e) authorizing the disclosure of information relating to the mental or physical health of individuals to medical or other experts to determine, for the purposes of section 19, if disclosure of that information could reasonably be expected to result in grave and immediate harm to the safety of or the mental or physical health of those individuals,

(f) prescribing procedures to be followed or restrictions considered necessary with respect to the disclosure and examination of information referred to in paragraph (e),

(g) prescribing special procedures for giving individuals access to personal information about their mental or physical health,

(h) prescribing the classes of individuals who may act for minors, incompetents, deceased persons or any other individuals under this Act and regulating the manner in which, and the extent to which, any rights or powers of individuals under this Act may be exercised on their behalf,

(i) requiring public bodies to provide to the minister responsible for this Act information that relates to its administration or is required for preparing the minister's annual report, the freedom of information directory or the public record index,

(j) limiting the fees that different categories of persons are required to pay under this Act, and

(k) for any purpose contemplated by this Act.

(2) The Lieutenant Governor in Council may amend, by regulation, Schedule 2

(a) to add to it any agency, board, commission or other body

(i) any member of which is appointed by the Lieutenant Governor in Council or a minister,

(ii) a controlling interest in the share capital of which is owned by the government of British Columbia or any of its agencies, or

(iii) that performs functions under an enactment, and

(b) to designate or change the designation of the head of a public body.

Appropriation

76 In the absence of an appropriation for the purpose under another Act, expenditures incurred in connection with the administration of this Act may be paid out of the consolidated revenue fund.

Interim relationship to other Acts

77 (1) The head of a public body must refuse to disclose information to an applicant if the disclosure is prohibited or restricted by or under another Act.

(2) If a provision of this Act is inconsistent or in conflict with a provision of another Act, the provision of this Act prevails unless the other Act expressly provides that it, or a provision of it, applies despite this Act.

(3) Subsection (1) is repealed one year after section 4 comes into force.

Review of Act

78 A special committee of the Legislative Assembly must begin a comprehensive review of this Act within 4 years after section 4 comes into force and must submit to the Legislative Assembly, within one year after beginning the review, a report that includes any amendments recommended by the committee.

 
Consequential Amendment

 
Coroners Act

79 The Coroners Act, R.S.B.C. 1979, c. 68, is amended by adding the following section:

Disclosure of information

52.1 Notwithstanding the Freedom of Information and Protection of Privacy Act, before an inquiry or inquest is completed the coroner may refuse to disclose any information collected in the course of fulfilling the coroner's duties with respect to the inquiry or inquest.

Commencement

80 (1) This Act, except section 77 (2), comes into force by regulation of the Lieutenant Governor in Council.

(2) Section 77 (2) comes into force one year after section 4 comes into force.

SCHEDULE 1

Definitions

In this Act

"aboriginal government" means an aboriginal organization exercising governmental functions;

"adjudicator" means a person designated under section 60;

"commissioner" means the commissioner appointed under section 37 (1) or 39 (1);

"employee", in relation to a public body, includes a person retained under a contract to perform services for the public body;

"head", in relation to a public body, means

(a) if the public body is a ministry, branch or office of the government of British Columbia, the member of the Executive Council who presides over it, and

(b) in any other case, the person designated in Schedule 2 as the head of the public body;

"judicial administration record" means a record containing information relating to a judge, including

(a) scheduling of judges and trials,

(b) content of judicial training programs, and

(c) statistics of judicial activity prepared by or for a judge;

"law enforcement" means

(a) policing, including criminal intelligence operations,

(b) investigations that lead or could lead to a penalty or sanction being imposed, and

(c) proceedings that lead or could lead to a penalty or sanction being imposed;

"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;

"officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the Information and Privacy Commissioner or the Ombudsman;

"personal information" means recorded information about an identifiable individual, including

(a) the individual's name, address or telephone number,

(b) the individual's race, national or ethnic origin, colour, or religious or political beliefs or associations,

(c) the individual's age, sex, sexual orientation, marital status or family status,

(d) an identifying number, symbol or other particular assigned to the individual,

(e) the individual's fingerprints, blood type or inheritable characteristics,

(f) information about the individual's health care history, including a physical or mental disability,

(g) information about the individual's educational, financial, criminal or employment history,

(h) anyone else's opinions about the individual, and

(i) the individual's personal views or opinions, except if they are about someone else;

"personal information bank" means a collection of personal information that is organized or retrievable by the name of an individual or by an identifying number, symbol or other particular assigned to an individual;

"public body" means

(a) a ministry, branch or office of the government of British Columbia, or

(b) an agency, board, commission, corporation, office or other body designated in Schedule 2,

but does not include

(c) the office of a person who is a member or officer of the Legislative Assembly, or

(d) 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;

"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.

SCHEDULE 2

Public Bodies

Public Body

Head

Advisory Committee to the Medical
Services Commission

Minister of Health and
Minister Responsible for
Seniors

Agriculture Industry Development Council

Chair

Appeal Boards (Forest Act and Range Act)
(each Board)

Minister of Forests

Aquaculture Industry Advisory Board

Minister of Agriculture,
Fisheries and Food

Assessment Appeal Board

Chair

Assessment Committee (Mental Health Act)

Minister of Health and
Minister Responsible for
Seniors

Audit Committee (Medical Service Act)

Minister of Health and
Minister Responsible for
Seniors

Auditor Certification Board

Minister of Finance and
Corporate Relations

B.C. Pavilion Corporation Chair of the Board of Directors

Blueberry Industry Development Fund
Council

Chair

Board of Brand Commissioners

Minister of Agriculture,
Fisheries and Food

Board of Examiners (Education)

Minister of Education and
Minister Responsible for
Multiculturalism and
Human Rights

Board of Examiners (Municipal Affairs)

Minister of Municipal
Affairs, Recreation and
Housing

Boards of Cemetery Trustees (each Board)

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Boards of Reference (each Board)

Minister of Education and
Minister Responsible for
Multiculturalism and
Human Rights

British Columbia Arts Board

Minister of Tourism and
Minister Responsible for
Culture

British Columbia Assessment Authority

Chair of the Board of
Directors

British Columbia Board of Parole

Attorney General

British Columbia Broiler Hatching Egg
Commission

Chair

British Columbia Buildings Corporation

Chair of the Board of
Directors

British Columbia Chicken Marketing Board

Chair

British Columbia Community Pride Program

Minister of Tourism and
Minister Responsible for
Culture

British Columbia Council on Admissions
and Transfer

Minister of Advanced
Education, Training and
Technology

British Columbia Council on Human Rights

Minister of Education and
Minister Responsible for
Multiculturalism and
Human Rights

British Columbia Courthouse Library
Society

Attorney General

British Columbia Cranberry Marketing
Board

Chair

British Columbia Educational Institution
Capital Financing Authority

Minister of Finance and
Corporate Relations

British Columbia Egg Marketing Board

Chair

British Columbia Energy Council

Minister of Energy, Mines
and Petroleum Resources

British Columbia Ferry Corporation

Chair of the Board of
Directors

British Columbia Festival of the Arts
Society

Minister of Tourism and
Minister Responsible for
Culture

British Columbia Film Development
Society

Minister of Tourism and
Minister Responsible for
Culture

British Columbia Forest Museum

Minister of Tourism and
Minister Responsible for
Culture

British Columbia Forest Research
Advisory Committee

Minister of Forests

British Columbia Game Farm
Advisory Council

Minister of Agriculture,
Fisheries and Food

British Columbia Gaming Commission

Attorney General

British Columbia Grape Marketing Board

Chair

British Columbia Health Research
Foundation

Minister of Health and
Minister Responsible for
Seniors

British Columbia Heritage Trust

Minister of Tourism and
Minister Responsible for
Culture

British Columbia Hog Marketing Board

Chair

British Columbia Housing and Employment
Development Financing Authority

Minister of Finance and
Corporate Relations

British Columbia Housing Management
Commission

Chair

British Columbia Hydro and Power
Authority

Chair of the Board of
Directors

British Columbia Lottery Corporation

President

British Columbia Marketing Board

Chair

British Columbia Milk Marketing Board

Chair

British Columbia Mushroom Marketing
Board

Chair

British Columbia Oyster Board

Chair

British Columbia Peace River Grain
Industry Development Council

Chair

British Columbia Petroleum Corporation

Chair of the Board of
Directors

British Columbia Petroleum Corporation
(Kitimat)

General Manager

British Columbia Police Commission

Attorney General

British Columbia Racing Commission

Attorney General

British Columbia Railway Company Limited

Chair of the Board of
Directors

British Columbia Regional Hospital
Districts Financing Authority

Minister of Finance and
Corporate Relations

British Columbia Review Board

Attorney General

British Columbia Round Table on the
Environment and the Economy

Minister of Environment,
Lands and Parks

British Columbia Salmon Marketing
Council

Chair

British Columbia School Districts
Capital Financing Authority

Minister of Finance and
Corporate Relations

British Columbia Securities Commission

Chair of the Board of
Governors

British Columbia Sheep and Wool
Commission

Chair

British Columbia Sport and Recreation
Advisory Council

Minister of Municipal
Affairs, Recreation and
Housing

British Columbia Student Assistance
Appeals Committee

Minister of Advanced
Education, Training and
Technology

British Columbia Summer and Winter Games
Society

Minister of Municipal
Affairs, Recreation and
Housing

British Columbia Systems Corporation

Chair of the Board of
Directors

British Columbia Trade Development
Corporation

Chair of the Board of
Directors

British Columbia Transit Corporation

Chair of the Board of
Directors

British Columbia Tree Fruit Marketing
Board

Chair

British Columbia Turkey Marketing Board

Chair

British Columbia Utilities Commission

Chair

British Columbia Vegetable Marketing
Commission

Chair

British Columbia Wine Institute

Chair

British Columbia Year of Music

Minister of Finance and
Corporate Relations

British Columbia Youth Council

Minister of Advanced
Education, Training and
Technology

Building Code Appeal Board

Minister of Municipal
Affairs, Recreation and
Housing

Building Safety Advisory Council

Minister of Municipal
Affairs, Recreation and
Housing

Bull Control Committees (each Committee)

Minister of Agriculture,
Fisheries and Food

Carmanah Valley Forest Management
Advisory Committee

Minister of Forests

Cattle Industry Development Board

Chair

Cemetery and Funeral Services Advisory
Council

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Chip Export Advisory Committee

Minister of Forests

Class "C" Provincial Park Boards (each
Board)

Minister of Environment,
Lands and Parks

C.M.A. Parking Association

Minister of Environment,
Lands and Parks

Commercial Appeals Commission

Attorney General

Commissions of Inquiry (each Commission)

Attorney General

Committee of Special Advisors
(Industrial Relations Act)

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Committee on Public Participation in
Science and Technology

Minister of Advanced
Education, Training and
Technology

Compensation Fairness Commission

Minister of Finance and
Corporate Relations

Construction Industry Advisory Council

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Courts of Revision (each Court)

Minister of Municipal
Affairs, Recreation and
Housing

Credit Union Deposit Insurance
Corporation of British Columbia

Minister of Finance and
British Columbia Corporate
Relations

Creston Valley Wildlife Management
Authority

Minister of Environment,
Lands and Parks

Criminal Injury Compensation Section of
the Workers' Compensation Board

Attorney General

Crop Insurance Advisory Committees (each
Committee)

Minister of Agriculture,
Fisheries and Food

Downtown Revitalization Programme
Society

Minister of Municipal
Affairs, Recreation and
Housing

Duke Point Developments

Minister of Environment,
Lands and Parks

Education Advisory Council

Minister of Education and
Minister Responsible for
Multiculturalism and
Human Rights

Electoral Boundaries Commission

Attorney General

Electrical Safety Advisory Committee

Minister of Municipal
Affairs, Recreation and
Housing

Electrical Safety Appeal Board

Minister of Municipal
Affairs, Recreation and
Housing

Electrical Safety Board of Review

Minister of Municipal
Affairs, Recreation and
Housing

Elevating Devices Appeal Board

Minister of Municipal
Affairs, Recreation and
Housing

Elevating Devices Safety Advisory
Committee

Minister of Municipal
Affairs, Recreation and
Housing

Emergency Health Services Commission

Minister of Health and
Minister Responsible for
Seniors

Emergency Medical Assistants Licensing
Board

Minister of Health and
Minister Responsible for
Seniors

Environmental Appeal Board

Minister of Environment,
Lands and Parks

Expropriation Compensation Board

Attorney General

Financial Institutions Commission

Chair and Chief Executive Officer

Fire Code Committee

Minister of Municipal
Affairs, Recreation and
Housing

Fire Safety Advisory Council

Minister of Municipal
Affairs, Recreation and
Housing

Fire Services Advisory Board

Minister of Municipal
Affairs, Recreation and
Housing

First Peoples' Heritage, Language and
Culture Advisory Committee

Minister of Aboriginal Affairs

First Peoples' Heritage, Language and
Culture Council

Minister of Aboriginal Affairs

Forensic Psychiatric Services Commission

Minister of Health and
Minister Responsible for
Seniors

Forest Research Council

Minister of Forests

Forest Resource Commission

Minister of Forests

Friends of Barkerville Society

Minister of Tourism and
Minister Responsible for
Culture

Friends of Fort Steele Society

Minister of Tourism and
Minister Responsible for
Culture

Gas Safety Advisory Board

Minister of Municipal
Affairs, Recreation and
Housing

Gas Safety Appeal Board

Minister of Municipal
Affairs, Recreation and
Housing

Habitat Conservation Fund Public
Advisory Board

Minister of Environment,
Lands and Parks

Health Facilities Association of British
Columbia

Minister of Health and
Minister Responsible for
Seniors

Health Professions Council

Minister of Health and
Minister Responsible for
Seniors

Hospitals Foundation of British Columbia

Minister of Health and
Minister Responsible for
Seniors

Income Assistance Advisory Council

Minister of Social Services

Independent Schools Teacher
Certification Committee

Minister of Education and
Minister Responsible for
Multiculturalism and
Human Rights

Industrial Inquiry Commissions (each
Commission)

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Industrial Relations Council

Commissioner

Insurance Corporation of British
Columbia

Chair of the Board of Directors

Insurance Council of British Columbia

Minister of Finance and
Corporate Relations

International Financial Centre Vancouver
Society

Minister of Economic
Development, Small
Business and Trade

International Maritime Centre --
Vancouver Society

Minister of Economic
Development, Small
Business and Trade

Job Protection Commission

Minister of Economic
Development, Small
Business and Trade

Justice Development Commission

Attorney General

Kilby Museum Historic Society

Minister of Tourism and
Minister Responsible for
Culture

Law Reform Commission

Attorney General

Legal Services Society

Attorney General

Liquor Appeal Board

Attorney General

Mediation and Arbitration Board

Minister of Energy,
Mines and Petroleum
Resources

Medical Appeal Board (Hospital Act)

Minister of Health and
Minister Responsible for
Seniors

Medical Review Board

Minister of Health and
Minister Responsible for
Seniors

Medical Review Panels (Workers
Compensation Act) (each Panel)

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Medical Services Commission

Minister of Health and
Minister Responsible for
Seniors

Mineral Tax Review Board

Minister of Energy,
Mines and Petroleum
Resources

Minister's European Community Advisory
Committee

Minister of Economic
Development, Small
Business and Trade

Motion Picture Appeal Board

Attorney General

Motor Carrier Commission

Attorney General

Native Courtworkers and Counselling
Association of British Columbia

Attorney General

North America Free Trade Advisory
Committee

Minister of Economic
Development, Small
Business and Trade

Notaries Public, Board of Examiners

Attorney General

Office of the Auditor General

Auditor General

Office of the Commissioner appointed
under the Members' Conflict of
Interest Act

Commissioner

Office of the Information and Privacy
Commissioner

Commissioner

Office of the Ombudsman

Ombudsman

Okanagan Valley Tree Fruit Authority

Chair of the Board of
Directors

Order of British Columbia Advisory
Council

Minister of Government
Services

Pacific National Exhibition

President

Pacific Rim Institute of Tourism

Minister of Tourism and
Minister Responsible for
Culture

Pension Benefits Standards Advisory
Council

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Pharmacare Advisory Committee

Minister of Health and
Minister Responsible for
Seniors

Plain Language Institute of British
Columbia Society

Attorney General

Plumbing Code Advisory Committee

Minister of Municipal
Affairs, Recreation and
Housing

Power Engineers and Pressure Vessel
Safety Advisory Committee

Minister of Municipal
Affairs, Recreation and
Housing

Power Engineers and Pressure Vessel
Safety Appeal Board

Minister of Municipal
Affairs, Recreation and
Housing

Premier's Advisory Council for Persons
with Disabilities

Minister of Government
Services

Premier's Advisory Council on Science
and Technology

Minister of Advanced
Education, Training and
Technology

Private Investigators and Security
Agencies Advisory Board

Attorney General

Private Post Secondary Education
Commission

Minister of Advanced
Education, Training and
Technology

Provincial Adult Care Facilities
Licensing Board

Minister of Health and
Minister Responsible for
Seniors

Provincial Advisory Committee on
Services to Adults with a Mental
Handicap

Minister of Social
Services

Provincial Agricultural Land Commission

Chair

Provincial Apprenticeship Board

Minister of Advanced
Education, Training and
Technology

Provincial Capital Commission

Minister of Aboriginal
Affairs

Provincial Child Care Facilities
Licensing Board

Minister of Health and
Minister Responsible for
Seniors

Provincial Rental Housing Corporation

Minister of Municipal
Affairs, Recreation and
Housing

Provincial Tourist Advisory Council

Minister of Tourism and
Minister Responsible for
Culture

Public Documents Committee

Minister of Government
Services

Public Interest Inquiry Boards (each
Board)

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Public Service and Private Sector
Inquiry Commission

Minister of Finance and
Corporate Relations

Public Service Commission

Minister of Government
Services

Purchasing Commission

Minister of Government
Services

Raspberry Industry Development Council

Chair

Real Estate Foundation Board of
Governors

Minister of Finance and
Corporate Relations

Regional Advisory Committees (each
Committee)

Minister of Economic
Development, Small
Business and Trade

Regional Advisory Councils on Services
to Adults with a Mental Handicap (each
Council)

Minister of Social
Services

Review Panels (Mental Health Act)

Minister of Health and
Minister Responsible for
Seniors

Science Council of British Columbia

Minister of Advanced
Education, Training and
Technology

Seed Control Committees (each Committee)

Minister of Agriculture,
Fisheries and Food

Seed Potato Control Committees (each
Committee)

Minister of Agriculture,
Fisheries and Food

Seniors Advisory Council

Minister of Health and
Minister Responsible for
Seniors

Skagit Environmental Endowment
Commission

Minister of Environment,
Lands and Parks

Special Advisory Committee on Ethical
Issues in Health

Minister of Health and
Minister Responsible for
Seniors

Standing Committee on Student Financial
Assistance

Minister of Advanced
Education, Training and
Technology

Superannuation Commission

Minister of Government
Services

Terry Fox Medical Research Foundation

Minister of Finance and
Corporate Relations

The ICA Foundation of British Columbia

Minister of Economic
Development, Small
Business and Trade

Timber Export Advisory Committee

Minister of Forests

Travel Assurance Board

Minister of Labour and
Consumer Services and
Minister Responsible for
Constitutional Affairs

Treasury Advisory Board

Minister of Finance and
Corporate Relations

TRIUMF-KAON Venture Office Advisory
Board

Minister of Finance and
Corporate Relations

Vancouver Regional Transit Commission

Minister of Finance and
Corporate Relations

Victoria Rediscovery Society

Minister of Tourism and
Minister Responsible for
Culture

Victoria Regional Transit Commission

Minister of Finance and
Corporate Relations

Vocational Rehabilitation of Disabled
Persons Appeal Secretariat

Minister of Advanced
Education, Training and
Technology

Whistler Land Corporation Development
Ltd.

Minister of Environment,
Lands and Parks

Workers' Compensation Board

Chair of the Board of
Governors

Workers' Compensation Review Board

Chair

Youth Program Committee

Attorney General


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