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PART 1 - Introductory ProvisionsSection1. Definitions
2. Purposes of this Act
3. Scope of this Act
PART 2 - Freedom of InformationDivision 1 - Information Rights and How to Exercise Them 4. Information rights
 5. How to make a request
 6. Duty to assist applicants
 7. Time limit for responding
 8. Contents of response
 9. How access will be given
10. Extending the time limit for responding
11. Transferring a request
Division 2 - Exceptions12. Cabinet confidences
12.1 Local Public Body Confidences
13. Policy advice or recommendations
14. Legal advice
15. Disclosure harmful to law enforcement
16. Disclosure harmful to intergovernmental relations or negotiations
17. Disclosure harmful to the financial or economic interests of a public body
18. Disclosure harmful to the conservation of heritage sites, etc.
19. Disclosure harmful to individual or public safety
20. Information that will be published or released within 60 days
21. Disclosure harmful to business interests of a third party
22. Disclosure harmful to personal privacy
Division 3 - Notice to Third Parties23. Notifying the third party
24. Time limit and notice of decision
Division 4 - Public Interest Paramount25. Information must be disclosed if in the public interest
PART 3 - Protection of PrivacyDivision 1 - Collection, Protection and Retention of Personal Information by Public Bodies26. Purpose for which personal information may be collected
27. How personal information is to be collected
28. Accuracy of personal information
29. Right to request correction of personal information
30. Protection of personal information
31. Retention of personal information
Division 2 - Use and Disclosure of Personal Information by Public Bodies32. Use of personal information
33. Disclosure of personal information
34. Definition of consistent purposes
35. Disclosure for research or statistical purposes
36. Disclosure for archival or historical purposes
PART 4 - Office and Powers of Information and Privacy Commissioner37. Appointment of commissioner
38. Resignation, removal or suspension of commissioner
39. Acting commissioner
40. Salary, expenses and benefits of commissioner
41. Staff of commissioner
42. General powers of commissioner
43. Power to authorize a public body to disregard requests
44. Powers of commissioner in conducting investigations, audits or inquiries
45. Statements made to the commissioner not admissible in evidence
46. Protection against libel or slander actions
47. Restrictions on disclosure of information by the commissioner and staff
48. Protection of commissioner and staff
49. Delegation by commissioner
50. Role of Ombudsman
51. Annual report of commissioner
PART 5 - Reviews and ComplaintsDivision 1 - Reviews by the Commissioner52. Right to ask for a review
53. How to ask for a review
54. Notifying others of review
55. Mediation may be authorized
56. Inquiry by commissioner
57. Burden of proof
58. Commissioner's orders
59. Duty to comply with orders
Division 2 - Complaints About and Reviews of Decisions on Information in the Commissioner's Records60. Adjudicator to investigate complaints and review decisions
61. Powers, duties and protections of adjudicator
62. Right to ask for a review
63. How to ask for a review
64. Notifying others of review
65. Conduct and outcome of the review
PART 6 - General Provisions66. Delegation by the head of a public body
67. Consultative committee
68. Annual report of minister
69. Freedom of information directory
70. Policy manuals available without request
71. Records available without request
72. Public record index
73. Protection of public body from legal suit
74. Offences and penalties
75. Fees
76. Power to make regulations
76.1 Power to make bylaws
77. Appropriation
78. Interim relationship to other Acts
79. Review of Act
79.1 Right to disclose preserved
80. Consequential Amendments
81. Commencement
Schedule 1 - Definitions
Schedule 2 - Public Bodies
Schedule 3 - Governing Bodies of Professions or Occupations
HER MAJESTY, by and with the advice and consent of the Legislative Assembly ofthe Province of British Columbia, enacts as follows:PART 1 - Introductory Provisions
Definitions
1. Schedule 1 contains definitions of terms used in this Act.
Purposes of this Act
2.(1) The purposes of this Act are to make public bodies more accountable to the public and to protect personal privacy by(a) giving the public a right of access to records,
(b) giving individuals a right of access to, and a right to request correction of, personal information about themselves,
(c) specifying limited exceptions to the rights of access,
(d) preventing the unauthorized collection, use or disclosure of personalinformation 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 orlimit in any way access to information that is not personal information and isavailable 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 apublic body, including court administration records, but does notapply 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, arecord of a justice of the peace, a judicial administration record or a recordrelating to support services provided to the judges of those courts;
(b) a personal note, communication or draft decisionof 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 theLegislature and that relates to the exercise of that officer's functions underan 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 ofemployees of a post-secondary educational body;
(e) material placed in the British Columbia Archives and Records Service byor 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 oragency other than the public body;
(g) a record relating to a prosecution if all proceedings in respect of theprosecution have not been completed[Order 20];
(h) a record of an elected official of a local public body that is not inthe custody or control of the local public body.

(2) This Act does not limit the information available by law to a party toa proceeding.
PART 2 - Freedom of Information
Division 1 - Information Rights and How to Exercise ThemInformation rights
4. (1) A person who makes a request under section 5 has a right ofaccess 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 exceptedfrom disclosure under Division 2 of this Part, but if that information canreasonably be severed from a record an applicant has the right of access to theremainder of the record.[Order 20,Order 29]
(3) The right of access to a record is subject to the payment of any feerequired under section 75.
How to make a request
5. (1) To obtain access to a record, an applicant must make a writtenrequest to the public body that the applicant believes has custody or controlof the record.[Order 11]
(2) The applicant may ask for a copy of the record or ask to examine therecord.
Duty to assist applicants
6. (1) The head of a public body must make every reasonable effort toassist 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 anapplicant if
(a) the record can be created from a machine readable record in the custodyor under the control of the public body using its normal computer hardware andsoftware and technical expertise, and
(b) creating the record would not unreasonably interfere with theoperations of the public body.
Time limit for responding
7. The head of a public body must respond not later than 30 days after arequest is received unless
(a) the time limit is extended under section 10, or
(b) the request has been transferred under section 11 to another publicbody.
Contents of response
8. (1) In a response under section 7, the head of the public body musttell the applicant
(a) whether or not the applicant is entitled to access to the record or topart of the record,
(b) if the applicant is entitled to access, where, when and how access willbe 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 questionsabout 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 aresponse 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 disclosureof the existence of the information would be an unreasonable invasion of thatparty's personal privacy.
How access will be given
9. (1) If an applicant is told under section 8(1) that access will begiven, 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 recordcan reasonably be reproduced,
(a) a copy of the record or part of the record must be provided with theresponse, or
(b) the applicant must be given reasons for the delay in providing therecord.
(3) If the applicant has asked to examine the record under section 5(2) orif 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 toa request for up to 30 days or, with the commissioner's permission, for alonger period if
(a) the applicant does not give enough detail to enable the public body toidentify a requested record,
(b) a large number of records is requested or must be searched and meetingthe time limit would unreasonably interfere with the operations of the publicbody,
(c) more time is needed to consult with a third party or other public bodybefore the head can decide whether or not to give the applicant access to arequested 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 publicbody 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 section42(2)(b) or 60(1)(a).
Transferring a request
11. (1) Within 10 days after a request for access to a record isreceived by a public body, the head of the public body may transfer the requestand, 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 publicbody.
(2) If a request is transferred under subsection (1),
(a) the head of the public body who transferred the request must notify theapplicant of the transfer, and
(b) the head of the public body to which the request is transferred mustrespond to the applicant in accordance with section 8 not later than 30 daysafter the request is received by that public body unless this time limit isextended under section 10.
Division 2 - ExceptionsCabinet confidences
12. (1) The head of a public body must refuse to disclose to anapplicant information that would reveal the substance of deliberations of theExecutive Council or any of its committees, including any advice,recommendations, policy considerations or draft legislation or regulationssubmitted or prepared for submission to the Executive Council or any of itscommittees.[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 moreyears,
(b) information in a record of a decision made by the Executive Council orany of its committees on an appeal under an Act, or
(c) information in a record the purpose of which is to present backgroundexplanations or analysis to the Executive Council or any of its committees forits 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 orconsidered.
[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 applicantinformation that would reveal
(a) a draft of a resolution, bylaw or other legal instrument by which thelocal public body acts or a draft of a private Bill, or
(b) the substance of deliberations of a meeting of its elected officials orof its governing body or a committee of its governing body, if an Act or aregulation under this Act authorizes holding that meeting in the absence of thepublic.
(2) Subsection (1) does not apply if
(a) the draft of the resolution, bylaw, other legal instrument or privateBill or the subject matter of the deliberations has been considered in ameeting open to the public, or
(b) the information referred to in that subsection is in a record that hasbeen in existence for 15 or more years.
Policy advice or recommendations
13. (1) The head of a public body may refuse to disclose to anapplicant 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 apublic body or on any of its programs or policies,
(h) a consumer test report or a report of a test carried out on a productto test equipment of the public body,
(i) a feasibility or technical study, including a cost estimate, relatingto a policy or project of the public body,
(j) a report on the results of field research undertaken before a policyproposal is formulated,
(k) a report of a task force, committee, council or similar body that hasbeen established to consider any matter and make reports or recommendations toa 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 publicbody,
(m) information that the head of the public body has cited publicly as thebasis for making a decision or formulating a policy, or
(n) a decision, including reasons, that is made in the exercise of adiscretionary power or an adjudicative function and that affects the rights ofthe applicant.
(3) Subsection (1) does not apply to information in a record that has beenin 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 applicantinformation 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 informationto 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 orassociated with Canada or harm the detection, prevention or suppression ofespionage, sabotage or terrorism,
(c) harm the effectiveness of investigative techniques and procedurescurrently used, or likely to be used, in law enforcement,
(d) reveal the identity of a confidential source of law enforcementinformation [Order 28, Order 32],
(d.1) reveal criminal intelligence that has a reasonable connection with thedetection, prevention or suppression of organized criminal activities or ofserious and repetitive criminal activities,
(e) endanger the life or physical safety of a law enforcement officer orany other person,
(f) reveal any information relating to or used in the exercise ofprosecutorial discretion [Order 20, Order 23],
(g) deprive a person of the right to a fair trial or impartialadjudication,
 (h) reveal a record that has been confiscated from a person by a peaceofficer in accordance with an enactment,
(i) facilitate the escape from custody of a person who is under lawfuldetention,
(j) facilitate the commission of an offence under an enactment of BritishColumbia or Canada,or
(k) harm the security of any property or system, including a building, avehicle, a computer system or a communications system.
[Order 32](2) The head of a public body may refuse to disclose information to anapplicant if the information
(a) is in a law enforcement record and the disclosure would be an offenceunder an Act of Parliament,
(b) is in a law enforcement record and the disclosure could reasonably beexpected to expose to civil liability the author of the record or a person whohas been quoted or paraphrased in the record, or
(c) is about the history, supervision or release of a person who is incustody or under supervision and the disclosure could reasonably be expected toharm the proper custody or supervision of that person.
(3) The head of a public body must not refuse to disclose under thissection
(a) a report prepared in the course of routine inspections by an agencythat is authorized to enforce compliance with an Act,
(b) a report, including statistical analysis, on the degree of successachieved in a law enforcement program unless disclosure of the report couldreasonably be expected to interfere with or harm any of the matters referred toin subsection (1) or (2), or
(c) statistical information on decisions under the Crown Counsel Act toapprove or not to approve prosecutions.
(4) The head of a public body must not refuse, after a police investigationis completed, to disclose under this section the reasons for a decision not toprosecute
(a) to a person who knew of and was significantly interested in theinvestigation, 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 wasmade public.
Disclosure harmful to intergovernmental relations or negotiations
16. (1) The head of a public body may refuse to disclose informationto an applicant if the disclosure could reasonably be expected to
(a) harm the conduct by the government of British Columbia of relationsbetween 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 ororganization listed in paragraph (a) or their agencies, or
(c) harm the conduct of negotiations relating to aboriginal self governmentor treaties.
(2) Moreover, the head of a public body must not disclose informationreferred 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 thathas been in existence for 15 or more years unless the information is lawenforcement information.
[Order 14]
Disclosure harmful to the financial or economic interests of a publicbody
17. (1) The head of a public body may refuse to disclose to anapplicant information the disclosure of which could reasonably be expected toharm the financial or economic interests of a public body or the government ofBritish 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 belongsto a public body or to the government of British Columbia and that has, or isreasonably likely to have, monetary value [Order 15];
(c) plans that relate to the management of personnel of or theadministration of a public body and that have not yet been implemented or madepublic;
(d) information the disclosure of which could reasonably be expected toresult in the premature disclosure of a proposal or project or in unduefinancial loss or gain to a third party;
(e) information about negotiations carried on by or for a public body orthe 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 deprivethe 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 thatpublic body, unless the testing was done
(a) for a fee as a service to a person, a group of persons or anorganization 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 anapplicant if the disclosure could reasonably be expected to result in damageto, or interfere with the conservation of,
(a) fossil sites, natural sites or sites that have an anthropological orheritage value,
(b) an endangered, threatened or vulnerable species, subspecies or race ofplants, 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 anapplicant information, including personal information about the applicant, ifthe 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 applicantpersonal information about the applicant if the disclosure could reasonably beexpected to result in immediate and grave harm to the applicant's safety ormental 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 anapplicant information
(a) that is available for purchase by the public, or
(b) that, within 60 days after the applicant's request is received, is tobe published or released to the public.
(2) The head of a public body must notify an applicant of the publicationor release of information that the head has refused to disclose undersubsection (1)(b).
(3) If the information is not published or released within 60 days afterthe applicant's request is received, the head of the public body mustreconsider the request as if it were a new request received on the last day ofthat 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 anapplicant 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 technicalinformation 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 besupplied, 
(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 resolveor 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 applicantinformation that was obtained on a tax return or gathered for the purpose ofdetermining 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 theBritish Columbia Archives and Records Service or the archives of a public bodyand 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 personalinformation to an applicant if the disclosure would be an unreasonable invasionof a third party's personal privacy.[Order 16,Order 17]
(2) In determining under subsection (1) or (3) whether a disclosure ofpersonal information constitutes an unreasonable invasion of a third party'spersonal privacy, the head of a public body must consider all the relevantcircumstances, including whether
(a) the disclosure is desirable for the purpose of subjecting theactivities of the government of British Columbia or a public body to publicscrutiny [Order 13, Order 18], Order 24, Order 27],
(b) the disclosure is likely to promote public health and safety or topromote the protection of the environment,
(c) the personal information is relevant to a fair determination of theapplicant'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 personreferred 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 privacyif
(a) the personal information relates to a medical, psychiatric orpsychological history, diagnosis, condition, treatment or evaluation,
(b) the personal information was compiled and is identifiable as part of aninvestigation into a possible violation of law, except to the extent thatdisclosure is necessary to prosecute the violation or to continue theinvestigation [Order 13,Order 36],
(c) the personal information relates to eligibility for income assistanceor social service benefits or to the determination of benefit levels,
(d) the personal information relates to employment, occupational oreducational history [Order 32],
(e) the personal information was obtained on a tax return or gathered forthe 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 orevaluations, character references or personnel evaluations about the thirdparty,
(g.1) the disclosure could reasonably be expected to reveal that the thirdparty 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 ethnicorigin, sexual orientation or religious or political beliefs or associations,or
(i) the personal information consists of the third party's name, address ortelephone number and is to be used for mailing lists or solicitations bytelephone or other means.
[Order 4,Order 24,Order 34](4) A disclosure of personal information is not an unreasonable invasion ofa third party's personal privacy if
(a) the third party has, in writing, consented to or requested thedisclosure,
(b) there are compelling circumstances affecting anyone's health or safetyand notice of disclosure is mailed to the last known address of the thirdparty,
(c) an enactment of British Columbia or Canada authorizes the disclosure,
(d) the disclosure is for a research or statistical purpose and is inaccordance with section 35,
(e) the information is about the third party's position, functions orremuneration as an officer, employee or member of a public body or as a memberof a minister's staff [Order 18,Order 24],
(f) the disclosure reveals financial and other details of a contract tosupply goods or services to a public body,
(g) public access to the information is provided under the FinancialInformation Act,
(h) the information is about expenses incurred by the third party whiletravelling at the expense of a public body,
(i) the disclosure reveals details of a licence, permit or other similardiscretionary benefit granted to the third party by a public body, notincluding personal information supplied in support of the application for thebenefit, or
(j) the disclosure reveals details of a discretionary benefit of afinancial nature granted to the third party by a public body, not includingpersonal information that is supplied in support of the application for thebenefit or is referred to in subsection (3)(c). [Order 3,Order 24]
(5) On refusing, under this section, to disclose personal informationsupplied in confidence about an applicant, the head of the public body mustgive the applicant a summary of the information unless the summary cannot beprepared without disclosing the identity of a third party who supplied thepersonal information.
(6) The head of the public body may allow the third party to prepare thesummary of personal information under subsection (5).
[Order 13,Order 22,Order 23,Order 24,Order 36]
Division 3 - Notice to Third PartiesNotifying the third party
23. (1) If the head of a public body intends to give access to a recordthat the head has reason to believe contains information that might be exceptedfrom disclosure under section 21 or 22, the head must give the third party awritten notice under subsection (1.2).
(1.1) If the head of a public body does not intend to give access to a recordthat contains information excepted from disclosure under section 21 or 22, thehead 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 arecord containing information the disclosure of which may affect the interestsor 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 partymay, in writing, consent to the disclosure or may make written representationsto the public body explaining why the information should not be disclosed.
(2) When notice is given under subsection (1), the head of the public bodymust also give the applicant a notice stating that
(a) the record requested by the applicant contains information thedisclosure of which may affect the interests or invade the personal privacy ofa third party,
(b) the third party is being given an opportunity to make representationsconcerning disclosure, and
(c) a decision will be made within 30 days about whether or not to give theapplicant 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 tothe record or to part of the record, but no decision may be made before theearlier 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 publicbody 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 orto part of the record, the notice must state that the applicant will be givenaccess unless the third party asks for a review under section 53 or 63 within20 days after the day notice is given under subsection (2).
Division 4 - Public Interest ParamountInformation must be disclosed if in the public interest
25. (1) Whether or not a request for access is made, the head of apublic body must, without delay, disclose to the public, to an affected groupof people or to an applicant, information
(a) about a risk of significant harm to the environment or to the health orsafety 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 publicinterest.
(2) Subsection (1) applies despite any other provision of this Act.
(3) Before disclosing information under subsection (1), the head of apublic 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 thepublic 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 PrivacyDivision 1 - Collection, Protection and Retention of Personal Information by Public BodiesPurpose for which personal information may be collected
26. No personal information may be collected by or for a public bodyunless
(a) the collection of that information is expressly authorized by or underan Act,
(b) that information is collected for the purposes of law enforcement, or
(c) that information relates directly to and is necessary for an operatingprogram or activity of the public body.
How personal information is to be collected
27. (1) A public body must collect personal information directly fromthe 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 33to 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 personalinformation
(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 officeror employee of the public body who can answer the individual's questions aboutthe collection.
(3) Subsection (2) does not apply if
(a) the information is about law enforcement or anything referred to insection 15(1) or (2), or
(b) the minister responsible for this Act excuses a public body from complying with it because doing sowould(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 bodyto make a decision that directly affects the individual, the public body must make everyreasonable 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 hisor her personal information may request the head of the public body that hasthe information in its custody or under its control to correct theinformation.
(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 correctionthat 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 thirdparty to whom that information has been disclosed during the one year periodbefore the correction was requested.
(4) On being notified under subsection (3) of a correction or annotation ofpersonal information, a public body must make the correction or annotation onany 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 makingreasonable 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 adecision that directly affects the individual, the public body must retain thatinformation for at least one year after using it so that the individual has areasonable opportunity to obtain access to it.
Division 2 - Use and Disclosure of PersonalInformation 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, orfor a use consistent with that purpose (see section 34),
(b) if the individual the information is about has identified theinformation and has consented, in the prescribed manner, to the use, or
(c) for a purpose for which that information may be disclosed to thatpublic 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 theinformation and consented, in the prescribed manner, to its disclosure,
(c) for the purpose for which it was obtained or compiled or for a useconsistent 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 orCanada,
(e) for the purpose of complying with a subpoena, warrant or order issuedor made by a court, person or body with jurisdiction to compel the productionof information,
(f) to an officer or employee of the public body or to a minister, if theinformation is necessary for the performance of the duties of, or for theprotection of the health or safety of, the officer, employee or minister,
(g) to the Attorney General for use in civil proceedings involving thegovernment,
(h) to the Attorney General or a person referred to in section 37 of theCoroners 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 auditpurposes,
(k) to a member of the Legislative Assembly who has been requested by theindividual the information is about to assist in resolving a problem,
(l) to a representative of the bargaining agent who has been authorized inwriting by the employee, whom the information is about, to make an inquiry,
(m) to the British Columbia Archives and Records Service, or the archivesof a public body, for archival purposes,
(n) to a public body or a law enforcement agency in Canada to assist in aninvestigation(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 isdisclosed(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 circumstancesexist that affect anyone's health or safety and if notice of disclosure ismailed 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 deceasedindividual 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 alegally authorized program of, the public body that uses or discloses theinformation.
(2) The minister responsible for this Act must publish annually a list ofthe 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 thatinformation is provided in individually identifiable form or the researchpurpose has been approved by the Commissioner,
(b) any record linkage is not harmful to the individuals that informationis about and the benefits to be derived from the record linkage are clearly inthe public interest,
(c) the head of the public body concerned has approved conditions relatingto 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 anagreement to comply with the approved conditions, this Act and any of thepublic body's policies and procedures relating to the confidentiality ofpersonal 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 historicalpurposes if
(a) the disclosure would not be an unreasonable invasion of personalprivacy under section 22,
(b) the disclosure is for historical research and is in accordance withsection 35,
(c) the information is about someone who has been dead for 20 or moreyears, or
(d) the information is in a record that has been in existence for 100 ormore years.
PART 4 - Office and Powers of Information and Privacy CommissionerAppointment of commissioner
37. (1) On the recommendation of the Legislative Assembly, theLieutenant Governor must appoint as the Information and Privacy Commissioner aperson who has been unanimously recommended by a special Committee of theLegislative 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 6years.
(4) A person who is appointed under this section is not eligible to bereappointed as commissioner.
Resignation, removal or suspension of commissioner
38. (1) The commissioner may resign at any time by notifying theSpeaker of the Legislative Assembly or, if there is no speaker or the speakeris absent from British Columbia, by notifying the clerk of the LegislativeAssembly.
(2) The Lieutenant Governor in Council must remove the commissioner fromoffice or suspend the commissioner for cause or incapacity on the recommendation of 2/3 of themembers present in the Legislative Assembly.
(3) If the Legislative Assembly is not sitting, the Lieutenant Governor inCouncil may suspend the commissioner for cause or incapacity.
Acting commissioner
39. (1) The Lieutenant Governor in Council may appoint an actingcommissioner if
(a) the office of commissioner is or becomes vacant when the LegislativeAssembly is not sitting,
(b) the commissioner is suspended when the Legislative Assembly is notsitting,
(c) the commissioner is removed or suspended or the office of thecommissioner becomes vacant when the Legislative Assembly is sitting, but norecommendation is made by the Assembly under section 37(1) before the end ofthe session, or
(d) the commissioner is temporarily absent because of illness or foranother 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 theacting commissioner's appointment, or
(d) the commissioner returns to office after a temporary absence, whicheveris the case and whichever occurs first.
Salary, expenses and benefits of commissioner
40. (1) A commissioner appointed under section 37(1) or 39(1) isentitled
(a) to be paid, out of the consolidated revenue fund, a salary equal to the salary paid to the chief judge of the ProvincialCourt, and
(b) to be reimbursed for reasonable travelling and out of pocket expensespersonally 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 PublicService Act, employees necessary to enable the commissioner to perform theduties of the office.
(2) The commissioner may retain any consultants, mediators or other persons and may establishtheir remuneration and other terms and conditions of their retainers.
(3) The Public Service Act does not apply in respect of a person retainedunder subsection (2).
(4) The commissioner may make a special report to the Legislative Assemblyif, in the commissioner's opinion,
(a) the amounts and establishment provided for the office of commissionerin the estimates, or
(b) the services provided by the Government Personnel Services Division areinadequate for fulfilling the duties of the office.
General powers of commissioner
42. (1) In addition to the commissioner's powers and duties under Part5 with respect to reviews, the commissioner is generally responsible formonitoring how this Act is administered to ensure that its purposes are achieved,and may
(a) conduct investigations and audits to ensure compliance with anyprovision of this Act,
(b) make an order described in section 58(3) whether or not a review isrequested,
(c) inform the public about this Act,
(d) receive comments from the public concerning the administration of thisAct,
(e) engage in or commission research into anything affecting theachievement of the purposes of this Act,
(f) comment on the implications for access to information or for protectionof privacy of proposed legislative schemes or programs of public bodies,
(g) comment on the implications for access to information or for protectionof privacy of automated systems for collection, storage, analysis or transferof information,
(h) comment on the implications for protection of privacy of using ordisclosing personal information for record linkage,
(i) authorize the collection of personal information from sources otherthan the individual the information is about, and
(j) bring to the attention of the head of a public body any failure to meetthe prescribed standards for fulfilling the duty to assist applicants.
(2) Without limiting subsection (1), the commissioner may investigate andattempt 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 accordancewith section 10,
(c) a fee required under this Act is inappropriate,
(d) a correction of personal information requested under section 29(1) hasbeen refused without justification, and
(e) personal information has been collected, used or disclosed by a publicbody 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 thepublic body to disregard requests under section 5 that, because of theirrepetitious or systematic nature, would unreasonably interfere with theoperations of the public body.
Powers of commissioner in conducting investigations, audits or inquiries
44. (1) In conducting an investigation under section 42 or an inquiryunder section 56, the commissioner has the powers given to a commissioner bysections 15 ('Power of commissioners/ 15. 1) and 16 of the Inquiry Act andthe powers given by subsection (2) of this section.
(2) The commissioner may require any record to be produced to thecommissioner and may examine any information in a record, including personalinformation.
(3) Despite any other enactment or any privilege of the law of evidence, apublic body must produce to the commissioner within 10 days any record or acopy 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 thatpublic body may require the commissioner to examine the original at its site.
(5) After completing a review or investigating a complaint, thecommissioner must return any record or any copy of any record produced by thepublic body concerned.
Statements made to the commissioner not admissible in evidence
45. (1) A statement made or an answer given by a person during aninvestigation or inquiry by the commissioner is inadmissible in evidence incourt or in any other proceeding, except
Privatus 5 0 1 – Automated Privacy Protection Service(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 withrespect to that application.
(2) Subsection (1) applies also in respect of evidence of the existence ofproceedings conducted before the commissioner.
Protection against libel or slander actions
46. Anything said, any information supplied or any record produced by aperson during an investigation or inquiry by the commissioner is privileged inthe same manner as if the investigation or inquiry were a proceeding in acourt.
Restrictions on disclosure of information by the commissioner andstaff
47. (1) The commissioner and anyone acting for or under the directionof the commissioner must not disclose any information obtained in performingtheir duties, powers and functions under this Act, except as provided insubsections (2) to (5).
(2) The commissioner may disclose, or may authorize anyone acting on behalfof or under the direction of the commissioner to disclose, information that isnecessary to
(a) conduct an investigation, audit or inquiry under this Act, or
(b) establish the grounds for findings and recommendations contained in areport under this Act.
(3) In conducting an investigation, audit or inquiry under this Act and ina report under this Act, the commissioner and anyone acting for or under thedirection of the commissioner must take every reasonable precaution to avoiddisclosing and must not disclose
(a) any information the head of a public body would be required orauthorized to refuse to disclose if it were contained in a record requestedunder section 5 [Order 12], or
(b) whether information exists, if the head of a public body in refusing toprovide access does not indicate whether the information exists.
(4) The commissioner may disclose to the Attorney General informationrelating to the commission of an offence against an enactment of BritishColumbia or Canada if the commissioner considers there is evidence of anoffence.
(5) The commissioner may disclose, or may authorize anyone acting for orunder the direction of the commissioner to disclose, information in the courseof 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 personacting on behalf of or under the direction of the commissioner, for anythingdone, reported or said in good faith in the exercise or performance or theintended exercise or performance of a duty, power or function under this Partor Part 5.
Delegation by commissioner
49. (1) The commissioner may delegate to any person any duty, power orfunction 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 or58.
(2) A delegation under subsection (1) must be in writing and may containany 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 commissioneragrees.
Annual report of commissioner
51. (1) The commissioner must report annually to the Speaker of theLegislative Assembly on
(a) the work of the commissioner's office, and
(b) any complaints or reviews resulting from a decision, act or failure toact of the commissioner as head of a public body.
(2) The Speaker must lay each annual report before the Legislative Assemblyas soon as possible.
PART 5 - Reviews and ComplaintsDivision 1 - Reviews by the CommissionerRight 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 ofpersonal information may ask the commissioner to review any decision, act orfailure to act of the head that relates to that request, including any matterthat could be the subject of a complaint under section 42(2).
(2) A third party notified under section 24 of a decision to give accessmay ask the commissioner to review any decision made about the request by thehead 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 mustbe delivered to the commissioner.
(2) A request for a review of a decision of the head of a public body mustbe delivered within
(a) 30 days after the person asking for the review is notified of thedecision, or
(b) a longer period allowed by the commissioner.
(3) The failure of the head of a public body to respond in time to arequest for access to a record is to be treated as a decision to refuse accessto the record, but the time limit in subsection (2)(a) for delivering a requestfor review does not apply.
Notifying others of review
54. On receiving a request for a review, the commissioner must give a copyto
(a) the head of the public body concerned, and
(b) any other person that the commissioner considers appropriate.
Privatus 5 0 1 – Automated Privacy Protection PlanMediation may be authorized
55. The commissioner may authorize a mediator to investigate and to try tosettle a matter under review.
Inquiry by commissioner 
56. (1) If the matter is not referred to a mediator or is not settledunder section 55, the commissioner must conduct an inquiry and may decide allquestions 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 bodyconcerned and any person given a copy of the request for a review must begiven an opportunity to make representations to the commissioner during theinquiry.
(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 toor 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 bodyconcerned and any person given a copy of the request for a review may berepresented at the inquiry by counsel or an agent.
(6) An inquiry into a matter under review must be completed within 90 daysafter 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 toall or part of a record, it is up to the head of the public body to prove thatthe 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 tocontains personal information about a third party, it is up to the applicant toprove that disclosure of the information would not be an unreasonable invasionof 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 orpart 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 provethat disclosure of the information would not be an unreasonable invasion of thethird party's personal privacy, and
(b) in any other case, it is up to the third party to prove that theapplicant 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 commissionermust dispose of the issues by makingan order under this section.
(2) If the inquiry is into a decision of the head of a public body to giveor 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 therecord, if the commissioner determines that the head is not authorized orrequired to refuse access;
(b) either confirm the decision of the head or require the head toreconsider it, if the commissionerdetermines that the head is authorized to refuse access;
(c) require the head to refuse access to all or part of the record, if thecommissioner determines that the head is required to refuse access.
(3) If the inquiry is into any other matter, the commissioner may, byorder, do one or more of the following:
(a) require that a duty imposed by this Act or the regulations beperformed;
(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 appropriatecircumstances, including if a time limit is not met;
(d) confirm a decision not to correct personal information or specify howpersonal information is to be corrected;
(e) require a public body to stop collecting, using or disclosing personalinformation in contravention of this Act;
 (f) require the head of a public body to destroy personal informationcollected in contravention of this Act. [Order 20]
(4) The commissioner may specify any terms or conditions in an order madeunder this section.
(5) The commissioner must give a copy of an order made under this sectionto
(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 ofthe commissioner, the head of the public body concerned must comply with theorder unless an application for judicial review of theorder is brought before that period ends.
(2) If an application for judicial review is brought before the end of theperiod referred to in subsection (1), the order of the commissioner is stayedfrom 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 RecordsAdjudicator to investigate complaints and review decisions
60. (1) The Lieutenant Governor in Council may designatea 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 apublic 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 failureto act of the commissioner as head of a public body.
(2) An adjudicator may retain the services of any persons necessary toassist 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 undersection 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 apublic body for access to a record or for correction of personal informationmay ask an adjudicator to review any decision, act or failure to act of thecommissioner that relates to the request, including any matter that could bethe subject of a complaint under section 42(2)(a) to (d).
(2) A third party notified under section 24 of a decision to give accessmay ask an adjudicator to review any decision made about the request by thecommissioner 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 mustbe delivered to the minister responsible for this Act. 
(2) A request for a review of a decision of the commissioner must bedelivered within
(a) 30 days after the person asking for the review is notified of thedecision, or
(b) a longer period allowed by the adjudicator.
(3) Section 53(3) applies if the commissioner fails to respond in time to arequest 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 copyto
(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 thecommissioner by sections 55 and 56(1) and (2), and sections 56(3) to (6) and 57apply to an inquiry conducted by the adjudicator.
(2) On completing an inquiry, an adjudicator has the same duty to disposeof the issues, the same powers to make orders and the same duty to notifyothers 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 ProvisionsDelegation 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 thepower to delegate under this section.
(2) A delegation under subsection (1) must be in writing and may containany conditions or restrictions the head of the public body considersappropriate.
(3) This section does not apply to a local public body.
Consultative committee
67. The minister responsible for this Act may establish a consultativecommittee to make recommendations to the minister about the operation of thisAct.
Annual report of minister
68. The minister responsible for this Act must prepare an annual report onits administration and lay the report before the Legislative Assembly as soonas possible.
Freedom of information directory 
69. (1) The minister responsible for this Act must publish a directoryto assist in identifying and locating records.
(2) The directory must include
(a) a description of the mandate and functions of each public body and itscomponents,
(b) a description of the records in the custody or under the control ofeach public body,
(b.1) a list of the records in the custody or under the control of the publicbody,
(c) a subject index, and
(d) the title, business address and business telephone number of the headof the public body.
(3) The directory must include, for each personal information bank, thefollowing:
(a) its title and location;
(b) a description of the kind of personal information and the categories ofindividuals whose personal information is included;
(c) the authority for collecting the personal information;
(d) the purposes for which the personal information was obtained orcompiled and the purposes for which it is used or disclosed;
(e) the categories of persons who use the personal information or to whomit is disclosed.
(4) If personal information is used or disclosed by a public body for apurpose 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 tothe 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 thedirectory.
(4.1) Subsections (2) (b.1), (3) and (4) do not apply in respect of a localpublic body.
(4.2) The head of a local public body must make available for inspection andcopying by the public a directory that lists the local public body's personalinformation banks and includes, for each bank, the information specified insubsection (3) (a) to (c).
(5) The minister responsible for this Act must
(a) provide copies of the directory to public bodies and to publiclibraries and other prescribed libraries in British Columbia, and
(b) publish and distribute, at intervals of 2 years or less, supplements orreplacements to keep the directory up to date.
(6) The head of a public body must ensure that copies provided undersubsection (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 employeesof 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 aprogram or activity that affects the public or a specific group of thepublic.
(2) The head of a public body may delete from a record made available underthis section any information he or she would be entitled to refuse to discloseto 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, section71(2) applies.
Records available without request
71. (1) The head of a public body may prescribe categories of recordsthat are in the custody or under the control of the public body and areavailable to the public, on demand, without a request for access under thisAct.
(2) The head of a public body may require a person who asks for a copy ofan available record to pay a fee to the public body.
(3) Subsection (1) does not limit the discretion of the government ofBritish Columbia or a public body to release records that do not containpersonal information.
Public record index
72. (1) To assist in disseminating information to the public, theminister responsible for this Act must publish annually an index of recordsthat are available to the public under section 71.
(2) The index must include, for each category of records prescribed by thehead 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 bythe public body during the past 12 months;
(c) the location of the records;
(d) the title, business address and business telephone number of an officeror employee of the public body who can answer questions about the records.
(3) The minister responsible for this Act must provide copies of the indexto public bodies and to public libraries and other prescribed libraries inBritish Columbia.
(4) The head of a public body must ensure that copies provided undersubsection (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, apublic body, the head of a public body, an elected official of a public body orany person acting on behalf of or under the direction of the head of a publicbody for damages resulting from
(a) the disclosure, or failure to disclose, in good faith of all or part ofa record under this Act or any consequences of that disclosure or failure todisclose, or
(b) the failure to give any notice required under this Act if reasonablecare 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, thecommissioner or another person in the performance of the duties, powers orfunctions of the commissioner or other person under this Act,
(b) obstruct the commissioner or another person in the performance of theduties, 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 58or by an adjudicator under section 65(2).
(2) A person who contravenes subsection (1) commits an offence and isliable 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 arequest under section 5 to pay to the public body fees for the followingservices:
(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 feefor
(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 ownpersonal 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 feebefore providing the services.
(5) The head of a public body may excuse an applicant from paying all orpart of a fee if, in the head's opinion,
(a) the applicant cannot afford the payment or for any other reason it isfair 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 payfor services under subsection (1) may differ from the fees other applicants arerequired to pay for them, but may not exceed the actual costs of theservices.
Power to make regulations
76. (1) The Lieutenant Governor in Council may make regulations
(a) prescribing procedures to be followed in making, transferring andresponding to requests under this Act,
(b) permitting prescribed categories of applicants to make requests underthis Act orally instead of in writing,
(c) setting standards, including time limits, to be observed by officers oremployees of a public body in fulfilling the duty to assist applicants,
(d) prescribing for the purposes of section 18 the categories of sites thatare considered to have heritage or anthropological value,
(e) authorizing the disclosure of information relating to the mental orphysical health of individuals to medical or other experts to determine, forthe purposes of section 19, if disclosure of that information could reasonablybe expected to result in grave and immediate harm to the safety of or themental or physical health of those individuals,
(f) prescribing procedures to be followed or restrictions considerednecessary with respect to the disclosure and examination of informationreferred to in paragraph (e),
(g) prescribing special procedures for giving individuals access topersonal 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 andregulating the manner in which, and the extent to which, any rights or powersof individuals under this Act may be exercised on their behalf,
(i) requiring public bodies to provide to the minister responsible for thisAct information that relates to its administration or is required for preparingthe minister's annual report, the freedom of information directory or thepublic record index,
(j) limiting the fees that different categories of persons are required topay under this Act,
(k) exempting any class of public body from a regulation made under thissubsection,
(l) authorizing, for the purposes of section 12.1, a local public body tohold meetings of its elected officials, or of its governing body or a committeeof the governing body, to consider specified matters in the absence of thepublic 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 ifthe 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, Schedule2
(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 3to 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 inCouncil, 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 fordifferent classes of public bodies.
Power to make bylaws
76.1 A local public body, by bylaw or other legal instrument by which thelocal public body acts,
(a) must designate a person or group of persons as the head of the localpublic body for the purposes of this Act,
(b) may authorize any person to perform any duty or exercise any functionunder this Act of the person or group of persons designated as the head of thelocal public body, and
(c) may set any fees the local public body requires to be paid undersection 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 bepaid out of the consolidated revenue fund.
Interim relationship to other Acts
78. (1) The head of a public body must refuse to disclose informationto an applicant if the disclosure is prohibited or restricted by or underanother Act. [Order 7,Order 37]
(2) If a provision of this Act is inconsistent or in conflict with aprovision of another Act, the provision of this Act prevails unless the otherAct 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 acomprehensive review of this Act within 4 years after section 4 comes intoforce and must submit to the Legislative Assembly, within one year afterbeginning the review, a report that includes any amendments recommended by thecommittee.
Right to disclose preserved
79.1 A public body that, before the date section 33 of this Act comesinto force, disclosed names, addresses and drivers' licence numbers to theTuberculous and Chest Disabled Veterans' Association may continue, despitethat section, to disclose that information to the association if it undertakesnot to use the information except for the purposes for which it used thatinformation before that date.
Consequential Amendment [Bill 50]
Coroners Act
80. The Coroners Act, R.S.B.C. 1979, c. 68, is amended by adding thefollowing section:
Disclosure of information
52.1 Notwithstanding the Freedom of Information and Protection of PrivacyAct, before an inquiry or inquest is completed the coroner may refuse todisclose any information collected in the course of fulfilling the coroner'sduties with respect to the inquiry or inquest.
Commencement [Bill 50]
81. (1) This Act, except section 78(2), comes into force by regulationof the Lieutenant Governor in Council.
(2) Section 78(2) comes into force 2 years after section 4 comes intoforce.
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, isamended
(a) in subsection (1) by striking out 'A person' and substituting'Notwithstanding section 14 of the Freedom of Information and Protection ofPrivacy Act, a person',
(b) in subsection (6) by striking out 'The benchers' and substituting'Notwithstanding section 14 of the Freedom of Information and Protection ofPrivacy Act, the benchers' and
(c) by adding the following subsection:(7) Section 47(4) of the Freedom of Information and Protection of PrivacyAct does not apply to information that, but for the provisions of this Act andthe production of the information to the commissioner under that Act, would besubject 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 andProtection of Privacy Act.
Commencement [Bill 62]
[33.] This Act comes into force by regulation of the Lieutenant Governor inCouncil.
SCHEDULE 1 - DefinitionsIn this Act
Privatus 5 0 1 – Automated Privacy Protection Plan'aboriginal government' means an aboriginal organization exercisinggovernmental 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 theInstitute of Technology Act,
(e) the Open Learning Agency established under the Open Learning AgencyAct, or
(f) a board as defined in the School Act;
'employee', in relation to a public body, includes a person retained under acontract to perform services for the public body;
'exercise of prosecutorial discretion' means the exercise by Crown Counsel, orby 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 BritishColumbia, 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 thatSchedule or by regulation,
(c) in any other case, the person or group of persons designated undersection 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 boardunder 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 HealthAct;
'judicial administration record' means a record containing information relatingto 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 beingimposed, or
(c) proceedings that lead or could lead to a penalty or sanction beingimposed;
 [Order 13,Order 36]'local government body' means
(a) a municipality as defined in the Municipal Act or the ResortMunicipality 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 anyincorporated board that provides similar services and is incorporated byletters patent,
(g) a board of variance established under section 961 of the Municipal Actor section 572 of the Vancouver Charter,
(h) the trust council, the executive committee, a local trust committee andthe 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 PoliceAct,
(m) a library board as defined in the Library Act,
(n) any board, committee, commission, panel, agency or corporation that iscreated or owned by a body referred to in paragraphs (a) to (m) and all themembers or officers of which are appointed or chosen by or under the authorityof that body, or
(o) a board of cemetery trustees established under section 18 of theCemetery 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 bodyis designated in, or added by regulation to, Schedule 3;
'minister responsible for this Act' means the member of the Executive Councilcharged by order of the Lieutenant Governor in Council with the administrationof this Act;
'officer of the Legislature' means the Auditor General, the Commissionerappointed under the Members' Conflict of Interest Act, the Information andPrivacy Commissioner or the Ombudsman;
'personal information' means recorded information about an identifiableindividual, including
(a) the individual's name, address or telephone number,
(b) the individual's race, national or ethnic origin, colour, or religiousor political beliefs or associations,
(c) the individual's age, sex, sexual orientation, marital status or familystatus,
(d) an identifying number, symbol or other particular assigned to theindividual,
(e) the individual's fingerprints, blood type or inheritablecharacteristics,
(f) information about the individual's health care history, including aphysical or mental disability,
(g) information about the individual's educational, financial, criminal oremployment history,
(h) anyone else's opinions about the individual, and
(i) the individual's personal views or opinions, except if they are aboutsomeone else;
 [Order 27]'personal information bank' means a collection of personal information that isorganized or retrievable by the name of an individual or by an identifyingnumber, symbol or other particular assigned to an individual;
'prosecution' means the prosecution of an offence under an enactment of BritishColumbia or Canada;
'public body' means
(a) a ministry of the government of British Columbia,
(b) an agency, board, commission, corporation, office or other bodydesignated 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 LegislativeAssembly, or
(e) the Court of Appeal, Supreme Court or Provincial Court;
Privatus 5 0 1 – Automated Privacy Protection Reviews'record' includes books, documents, maps,drawings, photographs, letters, vouchers, papers and any other thing on whichinformation is recorded or stored by graphic, electronic,mechanical or other means, but does not include a computer program or any othermechanism that produces records;
'third party', in relation to a request for access to a record or forcorrection of personal information, means any person, group of persons ororganization 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 beinggenerally known to the public or to other persons who can obtain economic valuefrom its disclosure or use,
(c) is the subject of reasonable efforts to prevent it from becominggenerally known, and
(d) the disclosure of which would result in harm or improper benefit.
SCHEDULE 2 - Public BodiesSCHEDULE 3Governing Bodies of Professions or OccupationsApplied 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 ColumbiaSociety of Management Accountants of British Columbia
Society of Notaries Public of British Columbia

Privatus 5 0 1 – Automated Privacy Protection

BILL 50 - 1992& BILL 62 - 1993

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

Privatus 5 0 1 – Automated Privacy Protection Service

PART 5 - Reviews and Complaints

Division 1 - Reviews by the Commissioner

Privatus 5 0 1 – Automated Privacy Protection Plan

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

PART 6 - General Provisions

SCHEDULE 1 - Definitions

Privatus 5 0 1 – Automated Privacy Protection Plan

Privatus 5 0 1 – Automated Privacy Protection Reviews

SCHEDULE 2 - Public Bodies

SCHEDULE 3

BILL 50 - 1992
& BILL 62 - 1993