FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

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.

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. [Order 7, Order 11, Order 20, Order 31]

(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. [Order 20, Order 29]

(3) The right of access to a record is subject to the payment of any fee required under section 75.

How to make a request

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. [Order 11]

(2) 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 without delay to each applicant openly, accurately and completely. [Order 30]

(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 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.

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) a record containing information described in section 15 (information harmful to law enforcement), or
(b) a record containing personal information of a third party if disclosure of the existence of the information would be an unreasonable invasion of that party's personal privacy.

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(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.

Extending the time limit for responding

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, 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. [Order 8, Order 9, Order 33]

(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.
[Order 8, Order 12, Order 33]

[Order 8]

Local public body confidences

12.1(1) The head of a local public body may refuse to disclose to an applicant information that would reveal

(a) a draft of a resolution, bylaw or other legal instrument by which the local public body acts or a draft of a private Bill, or
(b) the substance of deliberations of a meeting of its elected officials or of its governing body or a committee of its governing body, if an Act or a regulation under this Act authorizes holding that meeting in the absence of the public.

(2) Subsection (1) does not apply if

(a) the draft of the resolution, bylaw, other legal instrument or private Bill or the subject matter of the deliberations has been considered in a meeting open to the public, or
(b) the information referred to in that subsection is in a record that has been in existence for 15 or more years.

Policy advice or recommendations

13. (1) The head of a public body may refuse to disclose to an applicant information that would reveal advice or recommendations developed by or for a public body or a minister.

(2) The head of a public body must not refuse to disclose under subsection (1)

(a) any factual material,
(b) a public opinion poll,
(c) a statistical survey,
(d) an appraisal,
(e) an economic forecast,
(f) an environmental impact statement or similar information,
(g) a final report or final audit on the performance or efficiency of a public body or on any of its 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. (15 for Cabinet materials)

Legal advice

14. The head of a public body may refuse to disclose to an applicant information that is subject to solicitor client privilege. [Order 5, Order 6, Order 16, Order 12, Order 23, Order 29, Order 38]

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) harm a law enforcement matter [Order 16, Order 32, Order 36],
(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 [Order 28, Order 32],
(d.1) reveal criminal intelligence that has a reasonable connection with the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities,
(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 [Order 20, Order 23],
(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.

[Order 32]

(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) The head of a public body must not refuse, after a police investigation is completed, to disclose under this section the reasons for a decision not to prosecute

(a) to a person who knew of and was significantly interested in the investigation, including a victim or a relative or friend of a victim, or
(b) to any other member of the public, if the fact of the investigation was made public.

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 [Order 14];
- (ii) the council of a municipality or the board of a regional district;
- (iii) an aboriginal government [Order 14];
- (iv) the government of a foreign state;
- (v) an international organization of states,
(b) reveal information received in confidence from a government, council or organization listed in paragraph (a) or their agencies, or
(c) harm the conduct of negotiations relating to aboriginal self government or treaties.

(2) Moreover, the head of a public body must not disclose information referred to in subsection(1) without the consent of

(a) the Attorney General, for law enforcement information, or
(b) the Executive Council, for any other type of information.

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

[Order 14]

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 [Order 15];
(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.[Order 1, Order 14]

[Order 1]

(1.1) The head of a public body may refuse to disclose under subsection (1) research information if the disclosure could reasonably be expected to deprive the researcher of priority of publication.

(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.

[Order 1, Order 14, Order 15, Order 26]

Disclosure harmful to the conservation 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, subspecies or race of plants, vertebrates or invertebrates, or
(c) any other rare or endangered living resources.

Disclosure harmful to individual or 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 safety or mental or physical health [Order 28], or
(b) interfere with public safety. [Order 28]

[Order 7, Order 17]

(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.

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 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).

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 defined in the schedule[[macron]] of a third party, or
- (ii) commercial, financial, labour relations, scientific or technical information of a third party [Order 22],
(b) that is supplied, implicitly or explicitly, in confidence [Order 19, Order 22, Order 26], 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 [Order 19],
- (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.
[Order 22]

[Order 26, Order 32]

(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. [Order 22]

(3) Subsections (1) and (2) do not apply if

(a) the third party consents to the disclosure, or
(b) the information is in a record that is in the custody or control of the British Columbia Archives and Records Service or the archives of a public body and that has been in existence for 50 or more years.

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. [Order 16, Order 17]

(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 [Order 13, Order 18], Order 24, Order 27],
(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 [Order 3],
(e) the third party will be exposed unfairly to financial or other harm [Order 32, Order 36] ,
(f) the personal information has been supplied in confidence [Order 13, Order 32, Order 36],
(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. [Order 13, Order 24]

[Order 24, Order 27]

(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 [Order 13, Order 36] ,
(c) the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels,
(d) the personal information relates to employment, occupational or educational history [Order 32],
(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 [Order 32],
(g) the personal information consists of personal recommendations or evaluations, character references or personnel evaluations about the third party,
(g.1) the disclosure could reasonably be expected to reveal that the third party supplied, in confidence, a personal recommendation or evaluation, character reference or personnel evaluation [Order 17, Order 34],
(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, address or telephone number and is to be used for mailing lists or solicitations by telephone or other means.

[Order 4, Order 24, Order 34]

(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 [Order 18, Order 24],
(f) the disclosure reveals financial and other details of a contract to supply goods or services to a public body,
(g) public access to the information is provided under the Financial Information Act,
(h) the information is about expenses incurred by the third party while travelling at the expense of a public body,
(i) the disclosure 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). [Order 3, Order 24]

(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).

[Order 13, Order 22, Order 23, Order 24, Order 36]

Division 3 - Notice to Third Parties

Notifying the third party

23. (1) If the head of a public body intends to give access to a record that the head has reason to believe contains information that might be excepted from disclosure under section 21 or 22, the head must give the third party a written notice under subsection (1.2).

(1.1) If the head of a public body does not intend to give access to a record that contains information excepted from disclosure under section 21 or 22, the head may give the third party a written notice under subsection (1.2).

(1.2) The notice must

(a) state that a request has been made by an applicant for access to a record containing information the disclosure of which may affect the interests or invade the personal privacy of the third party,
(b) describe the contents of the record, and
(c) state that, within 20 days after the notice is given, the third party may, in writing, consent to the disclosure or may make written representations to the public body explaining why the information should not be disclosed.

(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) or (1.1), 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

Information must be disclosed if in the public interest

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 [Order 2, Order 22], 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.

[Order 22]

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)(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, including an honorary degree, scholarship, prize or bursary,
- (ii) a proceeding before a court or a judicial or quasi judicial tribunal,
- (iii) collecting a debt or fine or making a payment, 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 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.

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. [Order 20]

(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.

[Order 20]

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, 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 (debts and payments)
- (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.

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 or discloses the information.

(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 or the research purpose has been approved by the Commissioner,
(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.

[Order 3, Order 37]

Disclosure for archival or historical purposes

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

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.

(4) A person who is appointed under this section is not eligible to be reappointed as commissioner.

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) 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.

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 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.

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, audits 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 ("Power of commissioners/ 15. 1) 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, 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 [Order 12], 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 unless the commissioner agrees.

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 24 of a decision to give 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

(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.

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 person that the commissioner considers appropriate.

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 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. [Order 12]

(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. [Order 28]

[Order 14]

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. [Order 14, Order 22]

(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. [Order 17, Order 24, Order 27]

(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.

[Order 2, Order 28]

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 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. [Order 20]

(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) 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

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), 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 (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.

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 (d).

(2) A third party notified under section 24 of a decision to give 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

(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.

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.

(3) This section does not apply to a local public body.

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 of the records in the custody or under the control of each public body,
(b.1) a list of the records in the custody or under the control of the public body,
(c) a subject index, and
(d) the 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.

(4.1) Subsections (2) (b.1), (3) and (4) do not apply in respect of a local public body.

(4.2) The head of a local public body must make available for inspection and copying by the public a directory that lists the local public body's personal information banks and includes, for each bank, the information specified in subsection (3) (a) to (c).

(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.

Policy manuals available without request

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.

Records available without request

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.

Public record index

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 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 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.

Protection of public body from legal suit

73. No action lies and no proceeding may be brought against the Crown, a public body, the head of a public body, an elected official 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, or failure to disclose, in good faith of all or part of a record under this Act or any consequences of that disclosure or failure to disclose, or
(b) the failure to give any notice required under this Act if reasonable care is taken to give the required notice.

Offences and penalties

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

Fees

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. [Order 13]

[Order 30]

(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.

Power to make regulations

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,
(k) exempting any class of public body from a regulation made under this subsection,
(l) authorizing, for the purposes of section 12.1, a local public body to hold meetings of its elected officials, or of its governing body or a committee of the governing body, to consider specified matters in the absence of the public unless another Act
- (i) expressly authorizes the local public body to hold meetings in the absence of the public, and
- (ii) specifies the matters that may be discussed at those meetings,
(m) providing for the retention and disposal of records by a public body if the Document Disposal Act does not apply to the public body, and
(n) 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.

(3) The Lieutenant Governor in Council may amend, by regulation, Schedule 3 to add to it the name of the governing body of a profession or occupation if

(a) any member of that body is appointed by the Lieutenant Governor in Council, a minister or an Act, or
(b) the profession or occupation is governed under an Act.

(4) A regulation made under subsection (1) may provide differently for different classes of public bodies.

Power to make bylaws

76.1 A local public body, by bylaw or other legal instrument by which the local public body acts,

(a) must designate a person or group of persons as the head of the local public body for the purposes of this Act,
(b) may authorize any person to perform any duty or exercise any function under this Act of the person or group of persons designated as the head of the local public body, and
(c) may set any fees the local public body requires to be paid under section 75.

Appropriation

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.

Interim relationship to other Acts

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. [Order 7, Order 37]

(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 2 years after section 4 comes into force.

Review of Act

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.

Right to disclose preserved

79.1 A public body that, before the date section 33 of this Act comes into force, disclosed names, addresses and drivers' licence numbers to the Tuberculous and Chest Disabled Veterans' Association may continue, despite that section, to disclose that information to the association if it undertakes not to use the information except for the purposes for which it used that information before that date.

Consequential Amendment [Bill 50]

Coroners Act

80. 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 [Bill 50]

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 2 years after section 4 comes into force.

Consequential Amendments [Bill 62]

Insurance (Motor Vehicle) Act

[30.] Section 11 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1979, c.204 is repealed.

Legal Profession Act

[31.] Section 57(1) of the Legal Profession Act, S.B.C. 1987, c.25, is amended

(a) in subsection (1) by striking out "A person" and substituting "Notwithstanding section 14 of the Freedom of Information and Protection of Privacy Act, a person",
(b) in subsection (6) by striking out "The benchers" and substituting "Notwithstanding section 14 of the Freedom of Information and Protection of Privacy Act, the benchers" and
(c) by adding the following subsection:
(7) Section 47(4) of the Freedom of Information and Protection of Privacy Act does not apply to information that, but for the provisions of this Act and the production of the information to the commissioner under that Act, would be subject to solicitor and client privilege.

Medical and Health Care Services Act

[32.] Section 43 of the Medical and Health Care Services Act, S.B.C. 1992, c.76, is amended by striking out "or" at the end of paragraph (b), by adding "or" at the end of paragraph (c) and by adding the following paragraph:

(d) in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.

Commencement [Bill 62]

[33.] This Act comes into force by regulation of the Lieutenant Governor in Council.

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);

"educational body" means

(a) a university as defined in the University Act,
(b) the University of Northern British Columbia,
(c) an institution as defined in the College and Institute Act,
(d) the British Columbia Institute of Technology continued under the Institute of Technology Act,
(e) the Open Learning Agency established under the Open Learning Agency Act, or
(f) a board as defined in the School Act;

"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 or office of the government of British Columbia, the member of the Executive Council who presides over it,
(b) if the public body is designated in, or added by regulation to, Schedule 2, the person designated as the head of that public body in that Schedule or by regulation,
(c) in any other case, the person or group of persons designated under section 76.1 as the head of the public body;

"health care body" means

(a) a hospital as defined in section 1 of the Hospital Act,
(b) a Provincial auxiliary hospital established under the Hospital (Auxiliary) Act,
(c) a regional hospital district and a regional hospital district board under the Hospital District Act,
(d) a local board of health as defined in the Health Act,
(e) a metropolitan board of health established under the Health Act, or
(f) a Provincial mental health facility as defined in the Mental Health Act;

"judicial administration record" means a record containing information relating to a judge, master or a justice of the peace, including

(a) scheduling of judges and trials,
(b) content of judicial training programs,
(c) statistics of judicial activity prepared by or for a judge, and
(d) a record of the judicial council of the Provincial Court.

"law enforcement" means

(a) policing, including criminal intelligence operations,
(b) investigations that lead or could lead to a penalty or sanction being imposed, or
(c) proceedings that lead or could lead to a penalty or sanction being imposed;

[Order 13, Order 36]

"local government body" means

(a) a municipality as defined in the Municipal Act or the Resort Municipality of Whistler Act,
(b) the City of Vancouver,
(c) a regional district as defined in section 766 of the Municipal Act,
(d) an improvement district as defined in the Municipal Act,
(e) a local area as defined in the Local Services Act,
(f) a greater board as defined in section 943 of the Municipal Act or any incorporated board that provides similar services and is incorporated by letters patent,
(g) a board of variance established under section 961 of the Municipal Act or section 572 of the Vancouver Charter,
(h) the trust council, the executive committee, a local trust committee and the trust fund board, as these are defined in the Islands Trust Act,
(i) the Okanagan Basin Water Board,
(j) a water users' community as defined in the Water Act,
(k) the Okanagan-Kootenay Sterile Insect Release Board,
(l) a municipal police board established under section 23 of the Police Act,
(m) a library board as defined in the Library Act,
(n) any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in paragraphs (a) to (m) and all the members or officers of which are appointed or chosen by or under the authority of that body, or
(o) a board of cemetery trustees established under section 18 of the Cemetery and Funeral Services Act;

"local public body" means

(a) a local government body,
(b) a health care body,
(c) an educational body, or
(d) a governing body of a profession or occupation, if the governing body is designated in, or added by regulation to, Schedule 3;

"minister responsible for this Act" means the member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of this Act;

"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;

[Order 27]

"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;

"prosecution" means the prosecution of an offence under an enactment of British Columbia or Canada;

"public body" means

(a) a ministry of the government of British Columbia,
(b) an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2,
(c) a local public body,

but does not include

(d) the office of a person who is a member or officer of the Legislative Assembly, or
(e) the Court of Appeal, Supreme Court or Provincial Court;

"record" includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records;

"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 Minister of Health and Medical Services Commission Minister Responsible for Seniors Appeal Boards (Forest Act and Minister of Forests Range Act)(each Board) Aquaculture Industry Advisory Board Minister of Agriculture, Fisheries and Food Assessment Appeal Board Chair Assessment Committee Minister of Health and (Mental Health Act) Minister Responsible for Seniors Audit Committee Minister of Health and (Medical Service Act) 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 Minister Responsible for Multiculturalism and Human Rights Board of Examiners (Municipal Affairs) Minister of Municipal Affairs, Recreation and Housing Boards of Cemetery Trustees Minister of Labour and Consumer (each Board) 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 Agricultural Industry Chair Development Council 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 Chair Commission British Columbia Buildings Corporation Chair of the Board of Directors British Columbia Chicken Marketing Chair Board British Columbia Community Minister of Tourism and Pride Program Minister Responsible for Culture British Columbia Council on Admissions Minister of Advanced Education, and Transfer Training and Technology British Columbia Council Minister of Education and of Human Rights Minister Responsible for Multiculturalism and Human Rights British Columbia Courthouse Library Chair Society British Columbia Cranberry Marketing Chair Board British Columbia Educational Minister of Finance and Institution Capital Financing Corporate Relations Authority 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 Minister of Tourism and Society Minister Responsible for Culture British Columbia Film Development Minister of Tourism and Society Minister Responsible for Culture British Columbia Forest Museum Minister of Tourism and Minister Responsible for Culture British Columbia Forest Research Minister of Forests Advisory Committee British Columbia Game Farm Advisory Minister of Agriculture, Council Fisheries and Food British Columbia Gaming Commission Chair British Columbia Grape Marketing Board Chair British Columbia Health Research Minister of Health and Minister Foundation Responsible for Seniors British Columbia Heritage Trust Minister of Tourism and Minister Responsible for Culture British Columbia Hog Marketing Chair Commission British Columbia Housing and Employment Minister of Finance and Development Financing Authority Corporate Relations British Columbia Housing Management Chair Commission British Columbia Hydro and Power Chair of the Board of Directors Authority 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 Chair Development Council British Columbia Petroleum Corporation Chair of the Board of Directors British Columbia Petroleum Corporation General Manager (Kitimat) British Columbia Police Commission Chair British Columbia Racing Commission Chair British Columbia Regional Hospital Minister of Finance and Districts Financing Authority Corporate Relations British Columbia Review Board Chair British Columbia Round Table on the Minister of Environment, Environment and the Economy Lands and Parks British Columbia Salmon Marketing Chair Council British Columbia School Districts Minister of Finance and Capital Financing Authority Corporate Relations British Columbia Securities Commission Chair British Columbia Sheep and Wool Chair Commission British Columbia Sport and Recreation Minister of Municipal Affairs, Advisory Council Recreation and Housing British Columbia Student Assistance Minister of Advanced Education, Appeals Committee Training and Technology British Columbia Summer and Winter Minister of Municipal Affairs, Games Society Recreation and Housing British Columbia Systems Corporation Chair of the Board of Directors British Columbia Trade Development Chair of the Board of Directors Corporation 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 Chair Commission 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 Minister of Municipal Affairs, Council Recreation and Housing Bull Control Committees Minister of Agriculture, (each Committee) Fisheries and Food Carmanah Valley Forest Management Minister of Forests Advisory Committee Cattle Industry Development Board Chair Cemetery and Funeral Services Advisory Minister of Labour and Council Consumer Services and Minister Responsible for Constitutional Affairs Chip Export Advisory Committee Minister of Forests Class "C" Provincial Park Boards Minister of Environment, Lands (each Board) and Parks C.M.A. Parking Association Minister of Environment, Lands and Parks Commercial Appeals Commission Chair Commission on Resources and Environment Commissioner Commissions of Inquiry Chair (each Commission) Committee of Special Advisors Minister of Labour and Consumer (Industrial Relations Act) Services and Minister Responsible for Constitutional Affairs Committee on Public Participation in Minister of Advanced Education, Science and Technology 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 Minister of Finance and Corporate Relations Corporation of British Columbia Creston Valley Wildlife Management Minister of Environment, Lands Authority and Parks Criminal Injury Compensation Section Chair of the Workers' Compensation Board Crop Insurance Advisory Committees Minister of Agriculture, (each Committee) Fisheries and Food Downtown Revitalization Program Minister of Municipal Affairs, Society 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 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 Minister of Municipal Affairs, Recreation and Housing Emergency Health Services Commission Minister of Health and Minister Responsible for Seniors

Emergency Medical Assistants Minister of Health and Minister Licensing 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 Minister of Aboriginal Culture Advisory Committee Affairs First Peoples' Heritage, Language and Minister of Aboriginal Culture Council Affairs Forensic Psychiatric Services Minister of Health and Commission 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 Minister of Environment, Advisory Board Lands and Parks Health Facilities Association of Minister of Health and British Columbia Minister Responsible for Seniors Health Professions Council Minister of Health and Minister Responsible for Seniors Hospitals Foundation of Minister of Health and Minister British Columbia Responsible for Seniors Income Assistance Advisory Council Minister of Social Services Independent Schools Teacher Minister of Education and Certification Committee Minister Responsible for Multiculturalism and Human Rights Industrial Inquiry Commissions Minister of Labour and (each Commission) Consumer Services and Minister Responsible for Constitutional Affairs Industrial Relations Council Commissioner Insurance Corporation of British President and CEO Columbia Insurance Council of British Columbia Minister of Finance and Corporate Relations International Financial Centre Minister of Economic Vancouver Society Development, Small Business and Trade International Maritime Centre - Minister of Economic

Vancouver Society 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 Minister of Labour and Compensation Act) (each Panel) 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 Minister of Economic Advisory Committee Development, Small Business and Trade Motion Picture Appeal Board Chair Motor Carrier Commission Chair Native Courtworkers and Counselling President Association of British Columbia North America Free Trade Advisory Minister of Economic Committee Development, Small Business and Trade Notaries Public, Board of Examiners Chair Office of the Auditor General Auditor General Office of the Commissioner appointed Commissioner under the Members' Conflict of Interest Act Office of the Information and Privacy Commissioner Commissioner Office of the Ombudsman Ombudsman Office of the Premier and Premier Executive Council Operations Office of the Public Trustee Public Trustee Okanagan Valley Tree Fruit Authority Chair of the Board of Directors Order of British Columbia Advisory Minister of Government Council Services Pacific National Exhibition President Pacific Rim Institute of Tourism Minister of Tourism and Minister Responsible for Culture Pension Benefits Standards Advisory Minister of Labour and Council Consumer Services and Minister Responsible for Constitutional Affairs Pharmacare Advisory Committee Minister of Health and Minister Responsible for Seniors Plain Language Institute of British Chair Columbia Society Plumbing Code Advisory Committee Minister of Municipal Affairs, Recreation and Housing Power Engineers and Pressure Vessel Minister of Municipal Affairs, Safety Advisory Committee Recreation and Housing Power Engineers and Pressure Vessel Minister of Municipal Affairs, Safety Appeal Board Recreation and Housing Premier's Advisory Council for Minister of Government Services Persons with Disabilities Premier's Advisory Council on Science Minister of Advanced and Technology Education, Training and Technology Private Investigators and Security Chair Agencies Advisory Board Private Post Secondary Education Minister of Advanced Commission Education, Training and Technology Provincial Adult Care Facilities Minister of Health and Minister Licensing Board Responsible for Seniors Provincial Advisory Committee on Minister of Social Services Services to Adults with a Mental Handicap Provincial Agricultural Chair Land Commission Provincial Apprenticeship Board Minister of Advanced Education, Training and Technology Provincial Capital Commission Minister of Aboriginal Affairs Provincial Child Care Facilities Minister of Health and Minister Licensing Board 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 Minister of Labour and (each Board) Consumer Services and Minister Responsible for Constitutional Affairs Public Service and Public Sector Minister of Finance and Inquiry Commission Corporate Relations Public Service Commission Minister of Government Services Purchasing Commission Minister of Government Services Raspberry Industry Development Council Chair Real Estate Foundation of British Minister of Finance and Columbia Corporate Relations Regional Advisory Committees Minister of Economic (each Committee) Development, Small Business and Trade Regional Advisory Councils on Services Minister of Social Services to Adults with a Mental Handicap (each Council) 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 Minister of Agriculture, (each Committee) Fisheries and Food Seed Potato Control Committees Minister of Agriculture, (each Committee) Fisheries and Food Seniors Advisory Council Minister of Health and Minister Responsible for Seniors Skagit Environmental Endowment Minister of Environment, Commission Lands and Parks Special Advisory Committee on Ethical Minister of Health and Minister Issues in Health Care Responsible for Seniors Standing Committee on Student Minister of Advanced Education, Financial Assistance 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 Minister of Finance and Board 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, Persons Appeal Secretariat Training and Technology Whistler Land Corporation Development Minister of Environment, Ltd. Lands and Parks Workers' Compensation Board Chair of the Board of Governors Workers' Compensation Review Board Chair Youth Program Committee Chair

SCHEDULE 3

Governing Bodies of Professions or Occupations

Applied Science Technologists and Technicians of British Columbia

Architectural Institute of British Columbia

Association of British Columbia Professional Foresters

Association of Naturopathic Physicians of British Columbia

Association of Physiotherapists and Massage Practitioners of British Columbia

Association of Professional Engineers and Geoscientists of the Province of British Columbia

Barbers' Association of British Columbia

Board of Registration for Social Workers

British Columbia Association of Optometrists

British Columbia Association of Podiatrists

British Columbia College of Chiropractors

British Columbia Institute of Agrologists

British Columbia Registered Music Teachers' Association

British Columbia Society of Landscape Architects

British Columbia Veterinary Medical Association

Certified General Accountants' Association of British Columbia

College of Dental Surgeons of British Columbia

College of Pharmacists of British Columbia

College of Physicians and Surgeons of British Columbia

College of Psychologists of British Columbia

College of Teachers

Corporation of Land Surveyors of British Columbia

Council of Licensed Practical Nurses

Dental Technicians and Denturists Board

Hairdressers' Association of British Columbia

Health Professions Council

Institute of Chartered Accountants of British Columbia

Law Society of British Columbia

Real Estate Council

Registered Nurses' Association of British Columbia

Registered Psychiatric Nurses Association of British Columbia Society of Management Accountants of British Columbia

Society of Notaries Public of British Columbia

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

BILL 50 - 1992 & BILL 62 - 1993

Contents

PART 1 - Introductory Provisions

Section

PART 2 - Freedom of Information

Division 1 - Information Rights and How to Exercise Them

Division 2 - Exceptions

Division 3 - Notice to Third Parties

Division 4 - Public Interest Paramount

PART 3 - Protection of Privacy

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

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

PART 4 - Office and Powers of Information and Privacy Commissioner

PART 5 - Reviews and Complaints

Division 1 - Reviews by the Commissioner

Division 2 - Complaints About and Reviews of Decisions on Information in the Commissioner's Records

PART 6 - General Provisions

PART 1 - Introductory Provisions

PART 2 - Freedom of Information

Division 1 - Information Rights and How to Exercise Them

Division 2 - Exceptions

Division 3 - Notice to Third Parties

Division 4 - Public Interest Paramount

PART 3 - Protection of Privacy

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

Division 2 - Use and Disclosure of Personal

PART 4 - Office and Powers of Information and Privacy Commissioner

PART 5 - Reviews and Complaints

Division 1 - Reviews by the Commissioner

Division 2 - Complaints About and Reviews of Decisions on Information in the Commissioner's Records

PART 6 - General Provisions

SCHEDULE 1 - Definitions

SCHEDULE 2 - Public Bodies

SCHEDULE 3

BILL 50 - 1992
& BILL 62 - 1993