Table of Contents - Freedom of Information and Protection of Privacy Act

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This Act is current to April 23, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Freedom of Information and Protection of Privacy Act

[RSBC 1996] CHAPTER 165

Contents
Part 1 — Introductory Provisions
	1	Definitions
	2	Purposes of this Act
	3	Application
Part 2 — Freedom of Information
	Division 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 — Exceptions
	12	Cabinet and 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.
	18.1	Disclosure harmful to interests of an Indigenous people
	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
	22.1	Disclosure of information relating to abortion services
	Division 3 — Notice to Third Parties
	23	Notifying the third party
	24	Time limit and notice of decision
	Division 4 — Public Interest Paramount
	25	Information must be disclosed if in the public interest
Part 3 — Protection of Privacy
	Division 1 — Collection, Protection and Retention of Personal Information by Public Bodies
	25.1	Unauthorized collection, use and disclosure of personal information prohibited
	26	Purpose for which personal information may be collected
	27	How personal information is to be collected
	27.1	When personal information is not collected
	28	Accuracy of personal information
	29	Right to request correction of personal information
	30	Protection of personal information
	30.1-30.2	Repealed
	30.3	Whistle-blower protection
	30.4	Repealed
	30.5	Notification of unauthorized disclosure
	31	Retention of personal information
	31.1	Repealed
	Division 2 — Use and Disclosure of Personal Information by Public Bodies
	32	Use of personal information
	33	Disclosure of personal information
	33.1	Disclosure outside of Canada
	33.2	Repealed
	33.3	Disclosure of personal information in records available to public without request
	34	Definition of consistent purpose
	35-36	Repealed
	Division 3 — Data-linking Programs
	36.1	Data-linking programs
	Division 4 — Privacy Management Programs and Privacy Breach Notifications
	36.2	Privacy management programs
	36.3	Privacy breach notifications
Part 4 — Office and Powers of Information and Privacy Commissioner
	37	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 a request
	44	Powers of commissioner in conducting investigations, audits or inquiries
	44.1	Maintenance of order at hearings
	44.2	Contempt proceeding for uncooperative person
	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 Ombudsperson
	51	Annual report of commissioner
Part 5 — Reviews and Complaints
	Division 1 — Reviews by the Commissioner
	52	Right to ask for a review
	53	How to ask for a review
	54	Notifying others of review
	54.1	Order for severing of information from records
	55	Mediation may be authorized
	56	Inquiry by commissioner
	57	Burden of proof
	58	Commissioner's orders
	59	Duty to comply with orders
	59.01	Enforcement of orders of commissioner
	Division 2 — Investigations and Reviews by Adjudicator
	59.1	References to commissioner
	60	Adjudicator to investigate complaints and review decisions
	60.1	Adjudicator may authorize commissioner to disregard requests
	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 5.1 — Offences
	65.1	Offence Act
	65.2	Offence to wilfully mislead, obstruct or fail to comply with commissioner
	65.3	Offence to wilfully evade access provisions
	65.4	Privacy offences
	65.5	Corporate liability
	65.6	Penalties
	65.7	Time limit for laying an information to commence a prosecution
Part 6 — General Provisions
	66	Delegation by the head of a public body
	67	Consultative committee
	68	Annual report of minister
	69	Personal information directories, privacy impact assessments and information-sharing agreements
	69.1	Public information regarding health information banks
	69.2	Provincial identity information services provider
	70	Certain records available without request
	71	Head of public body must establish categories of records available without request
	71.1	Minister may establish categories of records available without request
	72	Repealed
	73	Protection of public body from legal suit
	73.1	Recovery of personal information
	73.2	Court order for return of personal information
	74-74.1	Repealed
	75	Fees
	76	Power to make regulations
	76.1	Ministerial regulation making power
	77	Power to make bylaws
	78	Appropriation
	79	Repealed
	80	Review of Act
	81	Right to disclose preserved
Schedule 1
Schedule 2
Schedule 3