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.

[Order 5, Order 29]

(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. [Order 7, Order 11]

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 record of a justice of the peace, a judicial administration record or a record relating to support services provided to the judges of those courts;

(b) a personal note, communication or draft decision of a person who is acting in a judicial or quasi judicial capacity;

(c) 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;

(d.1) a record containing teaching materials or research information of employees of a post-secondary educational body;

(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; [Order 20]

(h) a record of an elected official of a local public body that is not in the custody or control of the local public body.

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