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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Freedom of Information and Protection of Privacy Act

[RSBC 1996] CHAPTER 165

Part 1 — Introductory Provisions

Definitions

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

Purposes of this Act

2  (1) The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by

(a) giving the public a right of access to records,

(b) giving individuals a right of access to, and a right to request correction of, personal information about themselves,

(c) specifying limited exceptions to the rights of access,

(d) preventing the unauthorized collection, use or disclosure of personal information by public bodies, and

(e) providing for an independent review of decisions made under this Act.

(2) This Act does not replace other procedures for access to information or limit in any way access to information that is not personal information and is available to the public.

Scope of this Act

3  (1) This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

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

(c.1) [Repealed 2002-50-19.]

(c.2) subject to subsection (4), a record that is created by or for, or is in the custody or control of, the auditor general appointed under the Auditor General for Local Government Act and that relates to the exercise of his or her functions under that Act;

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

(e) a record containing teaching materials or research information of

(i)   a faculty member, as defined in the College and Institute Act and the University Act, of a post-secondary educational body,

(ii)   a teaching assistant or research assistant employed at a post-secondary educational body, or

(iii)   other persons teaching or carrying out research at a post-secondary educational body;

(f) material placed in the archives of the government of British Columbia by or for a person or agency other than a public body;

(g) material placed in the archives of a public body by or for a person or agency other than a public body;

(h) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed;

(i) [Repealed 2011-17-1.]

(j) a record that is available for purchase by the public;

(k) a record of a service provider that is not related to the provision of services for a public body.

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

(3) The following sections apply to officers of the Legislature, their employees and, in relation to their service providers, the employees and associates of those service providers, as if the officers and their offices were public bodies:

(a) section 30 (protection of personal information);

(b) section 30.1 (storage and access must be in Canada);

(c) section 30.2 (obligation to report foreign demand for disclosure);

(d) section 30.3 (whistle-blower protection);

(e) section 30.4 (unauthorized disclosure prohibited);

(e.1) section 30.5 (notification of unauthorized disclosure);

(f) section 33 (disclosure of personal information);

(g) section 33.1 (disclosure inside or outside Canada);

(h) section 33.2 (disclosure inside Canada only);

(i) section 74.1 (privacy protection offences).

(4) The sections referred to in subsection (3) apply to the auditor general appointed under the Auditor General for Local Government Act, employees appointed under that Act and, in relation to service providers to the auditor general, the employees and associates of those service providers, as if the auditor general and his or her office were public bodies.

Contents  |  Part 1  |  Part 2  |  Part 3  |  Part 4  |  Part 5  |  Part 6  |  Schedule 1  |  Schedule 2  |  Schedule 3