Freedom of Information and Protection of Privacy Act

In this Act:

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

"access" means, for the purposes of Part 3, disclosure of personal information by the provision of access to personal information;

"adjudicator" means a person designated under section 60;

"affiliate" means an affiliate within the meaning of the Business Corporations Act;

"associate" means, in relation to a service provider,

(a) an officer, director or partner of the service provider,

(b) an affiliate of the service provider,

(d) an employee, officer, director or partner of an affiliate referred to in paragraph (b) or of a subcontractor or further sub-subcontractor referred to in paragraph (c),

to or through whom access is made available to personal information that is

(e) subject to Division 2 (Use and Disclosure of Personal Information by Public Bodies) of Part 3, and

(f) held because of the service provider's status as a service provider;

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

"contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual;

"day" does not include a holiday or a Saturday;

"educational body" means

(a) a university as defined in the University Act,

(b) [Repealed 2003-5-19.]

(c.1) [Repealed 2002-35-8.]

(d) an institution as defined in the College and Institute Act,

(d.1) the Thompson Rivers University,

(e) [Repealed 2004-33-18.]

(f) the Open Learning Agency established under the Open Learning Agency Act,

(g) a board as defined in the School Act, or

(h) a francophone education authority as defined in the School Act;

"employee", in relation to a public body, includes

(a) a volunteer, and

(b) a service provider;

"exercise of prosecutorial discretion" means the exercise by 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,

(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, and

"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,

(d) and (e) [Repealed 2008-28-147.]

(f) a Provincial mental health facility as defined in the Mental Health Act, or

(g) a regional health board designated under section 4 (1) of the Health Authorities Act;

(h) [Repealed 2002-61-17.]

"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,

(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

"local government body" means

(a) a municipality,

(b) [Repealed 2003-52-79.]

(d) an improvement district as defined in the Local Government Act,

(e) a local area as defined in the Local Services Act,

(f) a greater board as defined in the Community Charter or any incorporated board that provides similar services and is incorporated by letters patent,

(g) a board of variance established under section 899 of the Local Government Act or section 572 of the Vancouver Charter,

(h) the trust council, the executive committee, a local trust committee and the 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,

(o) a board of trustees established under section 37 of the Cremation, Interment and Funeral Services Act,

(p) the South Coast British Columbia Transportation Authority, or

(q) the Park Board referred to in section 485 of the Vancouver Charter;

"local public body" means

(a) a local government body,

(b) a health care body,

(b.1) a social services body,

(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 police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Chief Electoral Officer, the merit commissioner appointed under the Public Service Act, the Representative for Children and Youth or the Ombudsperson;

"personal information" means recorded information about an identifiable individual other than contact information;

"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, or

but does not include

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

(e) the Court of Appeal, Supreme Court or Provincial Court;

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

"service provider" means a person retained under a contract to perform services for a public body;

"social services body" means Community Living British Columbia established under the Community Living Authority Act;

"third party", in relation to a request for access to a record or for correction of personal information, means any person, group of persons or organization other than

(a) the person who made the request, or

(b) a public body;

"trade secret" means information, including a formula, pattern, compilation, program, device, product, method, technique or process, that

(a) is used, or may be used, in business or for any commercial advantage,

(b) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use,

(d) the disclosure of which would result in harm or improper benefit.

Freedom of Information and Protection of Privacy Act

[RSBC 1996] CHAPTER 165