1992 Legislative Session: 1st Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 23th day of June, 1992
Ian D. Izard, Law Clerk.
ATTORNEY GENERAL
Contents
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
1 Schedule 1 contains definitions of terms used in 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.
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;
(f) material placed in the archives of a public body by or for a person or agency other than the public body;
(g) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed.
(2) This Act does not limit the information available by law to a party to a proceeding.
Division 1 -- Information Rights and How to Exercise Them
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 75.
5 (1) To obtain access to a record, an applicant must make a written request 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 (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.
7 The head of a public body must respond 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.
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).
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 (2) 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 in providing the record.
(3) If the applicant has asked to examine the record under section 5 (2) 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.
10 (1) The head of a public body may extend the time for responding to a request for up to 30 days or, with the commissioner's permission, for a longer 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) 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 (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).
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.
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.
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 final 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, 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 The head of a public body may refuse to disclose to an applicant information that is subject to solicitor client privilege.
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) 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) endanger the life or physical safety of a law enforcement officer or any other person,
(f) reveal any information relating to or used in the exercise of prosecutorial discretion,
(g) deprive a person of the right to a fair trial or impartial adjudication,
(h) reveal a record that has been confiscated from a person by a peace officer in accordance with an enactment,
(i) facilitate the escape from custody of a person who is under lawful detention,
(j) facilitate the commission of an offence under an enactment of British Columbia or Canada, or
(k) 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 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) After a police investigation is completed, the head of a public body must not refuse to disclose under this section the reasons for a decision not to prosecute if the applicant is aware of the police investigation.
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.
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.
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, subspecies or race of plants, vertebrates or invertebrates, or
(c) any other rare or endangered living resources.
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 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.
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).
(3) If the information is not published or released within 60 days after the applicant's request is received, the head of the public body must reconsider the request as if it were a new request received on the last day of that period, but the information must not be refused under subsection (1) (b).
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.
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) 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, and
(h) the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant.
(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) 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).
(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
23 (1) On receiving a request for access to a record that the head of a public body has reason to believe might contain information the disclosure of which must be refused under section 21 or 22, the head must, where practicable, promptly 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, in writing, consent to the disclosure or 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.
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 Interest Paramount
25 (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.
Division 1 -- Collection, Protection and Retention of Personal Information by Public Bodies
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.
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) (i), 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 fine 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 (1) or (2), 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.
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.
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.
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.
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
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.
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, or for the protection of the health or safety 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 or fine 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, or the archives of a public body, 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, or
(r) in accordance with sections 35 and 36.
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.
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.
36 The British Columbia Archives and Record Service, or the archives of a public body, 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
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.
(4) A person who is appointed under this section is not eligible to be reappointed as 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) 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.
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.
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.
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.
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 and audits to ensure compliance with any provision of this Act,
(b) make an order described in section 58 (3) 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 access to information or for protection of privacy of automated systems for collection, storage, analysis or transfer of information,
(h) comment on the implications for protection of privacy of using or disclosing personal information for record linkage,
(i) authorize the collection of personal information from sources other than the individual the information is about, and
(j) 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 this Act or the regulations 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, and
(e) personal information has been collected, used or disclosed by a public body in contravention of Part 3.
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.
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.
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.
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.
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, audit 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, audit 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.
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.
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.
50 The Ombudsman may not investigate any matter that the commissioner has the power to investigate or review under this Act unless the commissioner agrees.
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.
Division 1 -- Reviews by the Commissioner
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.
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
(a) 30 days after the person asking for the review is notified of the decision, or
(b) a longer period allowed by the commissioner.
(3) The failure of the head of a public body to respond in time to a request for access to a record is to be treated as a decision to refuse access to the record, but the time limit in subsection (2) (a) for delivering a request for review does not apply.
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 person that the commissioner considers appropriate.
55 The commissioner may authorize a mediator to investigate and to try to settle a matter under review.
56 (1) If the matter is not referred to a mediator or 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.
(4) The commissioner may decide
(a) whether representations are to be made orally or in writing, and
(b) whether a person is entitled to be present during or to have access to or to comment on representations made to the commissioner by another person.
(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.
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.
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 must, by order, do one of 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 or the regulations be performed;
(b) confirm or reduce the extension of a time limit under section 10;
(c) confirm, excuse or reduce a fee, or order a refund, in the appropriate circumstances, including if a time limit is not met;
(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.
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) If an application for judicial review is brought before the end of the period referred to in subsection (1), the order of the commissioner is stayed from the date the application is brought until a court orders otherwise.
Division 2 -- Complaints About and Reviews of Decisions on Information in the Commissioner's Records
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), 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.
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 (d), 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.
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 (d).
(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.
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
(a) 30 days after the person asking for the review is notified of the decision, or
(b) a longer period allowed by the adjudicator.
(3) Section 53 (3) applies if the commissioner fails to respond in time to a request for access to a record.
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.
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.
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.
67 The minister responsible for this Act may establish a consultative committee to make recommendations to the minister about the operation of this Act.
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.
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) provide copies of the directory to public bodies and to public libraries and other prescribed libraries in British Columbia, and
(b) publish and distribute, at intervals of 2 years or less, supplements or replacements to keep the directory up to date.
(6) The head of a public body must ensure that copies provided under subsection (5) are available to the public at an office of the public body.
70 (1) The head of a public body must make available to the public, without a request for access under this Act,
(a) manuals, instructions or guidelines issued to the officers or employees of the public body, or
(b) substantive rules or policy statements adopted by the public body,
for the purpose of interpreting an enactment or of administering a program or activity that affects the public or a specific group of the public.
(2) The head of a public body may delete from a record made available under this section any information he or she would be entitled to refuse to disclose to an applicant.
(3) If information is deleted, the record must include a statement of
(a) the fact that information has been deleted,
(b) the nature of the information, and
(c) the reason for the deletion.
(4) If a person asks for a copy of a record under this section, section 71 (2) applies.
71 (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, on demand, 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.
72 (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 71.
(2) The index must include, for each category of records prescribed by the head of a public body under section 71, 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 provide copies of the index to public bodies and to public libraries and other prescribed libraries in British Columbia.
(4) The head of a public body must ensure that copies provided under subsection (3) are available to the public at an office of the public body.
73 (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.
74 (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.
75 (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) An applicant must not be required under subsection (1) to pay a fee for
(a) the first 3 hours spent locating and retrieving a record, or
(b) time spent severing information from a record.
(3) Subsection (1) does not apply to a request for the applicant's own personal information.
(4) 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.
(5) 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 or for any other reason it is fair to excuse payment, or
(b) the record relates to a matter of public interest, including the environment or public health or safety.
(6) 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.
76 (1) The Lieutenant Governor in Council may make regulations
(a) prescribing procedures to be followed in making, transferring 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, including time limits, 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.
77 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.
78 (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.
79 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.
80 The Coroners Act, R.S.B.C. 1979, c. 68, is amended by adding the following section:
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.
81 (1) This Act, except section 78 (2), comes into force by regulation of the Lieutenant Governor in Council.
(2) Section 78 (2) comes into force one year after section 4 comes into force.
"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;
"exercise of prosecutorial discretion" means the exercise by Crown Counsel, or by a special prosecutor, of a duty or power under the Crown Counsel Act, including the duty or power
(a) to approve or not to approve a prosecution,
(b) to stay a proceeding,
(c) to prepare for a hearing or trial,
(d) to conduct a hearing or trial,
(e) to take a position on sentence, and
(f) to initiate an appeal;
"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.
Public Body |
Head |
Advisory Committee to the Medical Services Commission |
Minister of Health and Minister Responsible for Seniors |
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. Mushroom Marketing Board |
Chair |
B.C. Pavilion Corporation |
Chair of the Board of Directors |
Blueberry Industry Development Council |
Chair |
Board of Brand Commissioners |
Minister of Agriculture, Fisheries and Food |
Board of Examiners (Education) |
Minister of Education and |
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 |
Boards of Reference (each Board) |
Minister of Education and |
British Columbia Agricultural Industry Development Council |
Chair |
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 |
Chair |
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 of Human Rights |
Minister of Education and |
British Columbia Courthouse Library Society |
Chair |
British Columbia Cranberry Marketing Board |
Chair |
British Columbia Educational Institution |
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 |
Chair |
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 Commission |
Chair |
British Columbia Housing and Employment |
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 Oyster Board |
Chair |
British Columbia Peace River Grain Development Council |
Chair |
British Columbia Petroleum Corporation |
Chair of the Board of Directors |
British Columbia Petroleum Corporation (Kitimat) |
General Manager |
British Columbia Police Commission |
Chair |
British Columbia Racing Commission |
Chair |
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 |
Chair |
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 |
Chair Board |
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 Standards 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 |
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 |
Chair |
Commissions of Inquiry (each Commission) |
Chair |
Committee of Special Advisors (Industrial Relations Act) |
Minister of Labour and Consumer Services and |
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 |
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 |
Chair |
Crop Insurance Advisory Committees (each Committee) |
Minister of Agriculture, Fisheries and Food |
Downtown Revitalization Program Society |
Minister of Municipal Affairs, Recreation and Housing |
Duke Point Developments |
Minister of Environment, Lands and Parks |
Education Advisory Council |
Minister of Education and |
Electoral Boundaries Commission |
Chair |
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 |
Chair |
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 Committee |
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 |
Industrial Inquiry Commissions (each Commission) |
Minister of Labour and Consumer Services |
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 |
Chair |
Kilby Museum Historic Society |
Minister of Tourism and Minister Responsible for Culture |
Law Reform Commission |
Chair |
Legal Services Society |
Chair |
Liquor Appeal Board |
Chair |
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 |
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 |
Chair |
Motor Carrier Commission |
Chair |
Native Courtworkers and Counselling |
President |
North America Free Trade Advisory Committee |
Minister of Economic Development, Small Business and Trade |
Notaries Public, Board of Examiners |
Chair |
Office of the Auditor General |
Auditor General |
Office of the Commissioner appointed |
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 |
Pharmacare Advisory Committee |
Minister of Health and Minister Responsible for Seniors |
Plain Language Institute of British Columbia Society |
Chair |
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 |
Chair |
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 |
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 |
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 |
Minister of Finance and Governors Corporate Relations |
Regional Advisory Committees (each Committee) |
Minister of Economic Development, Small Business and Trade |
Regional Advisory Councils on Services to |
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 |
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 |
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 |
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 |
Chair |
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