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This Act is current to November 23, 2022
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

Part 5.1 — Offences

Offence Act

65.1   Section 5 of the Offence Act does not apply to this Act.

Offence to wilfully mislead, obstruct or fail to comply with commissioner

65.2   A person who wilfully does any of the following commits an offence:

(a) makes a false statement to, or misleads or attempts to mislead,

(i) the commissioner or anyone acting for or under the direction of the commissioner in the performance of duties or exercise of powers and functions under this Act, or

(ii) an adjudicator or anyone acting for or under the direction of an adjudicator in the performance of duties or exercise of powers and functions under this Act;

(b) obstructs

(i) the commissioner or anyone acting for or under the direction of the commissioner in the performance of duties or exercise of powers and functions under this Act, or

(ii) an adjudicator or anyone acting for or under the direction of the adjudicator in the performance of duties or exercise of powers and functions under this Act;

(c) fails to comply with an order made by

(i) the commissioner under section 54.1 or 58, or

(ii) an adjudicator under section 65 (2).

Offence to wilfully evade access provisions

65.3   A person who wilfully conceals, destroys or alters any record to avoid complying with a request for access to the record commits an offence.

Privacy offences

65.4   (1) An individual, other than an individual who is a service provider or an employee or associate of a service provider, who wilfully does any of the following commits an offence:

(a) collects personal information except as authorized by Part 3;

(b) uses personal information except as authorized by Part 3;

(c) discloses personal information except as authorized by Part 3;

(d) fails to notify the head of a public body of unauthorized disclosure as required by Part 3.

(2) A service provider or an employee or associate of a service provider who does any of the following commits an offence:

(a) collects personal information except as authorized by Part 3;

(b) uses personal information except as authorized by Part 3;

(c) discloses personal information except as authorized by Part 3;

(d) fails to notify the head of a public body of unauthorized disclosure as required by Part 3;

(e) dismisses, suspends, demotes, disciplines, harasses or otherwise disadvantages an employee, or denies the employee a benefit, because the employee has done, or the employer believes that the employee will do, anything described in section 30.3 (b) to (d).

(3) A service provider commits an offence if an employee or associate of the service provider commits any of the offences under subsection (2).

(4) It is a defence to a charge under subsections (2) and (3) if the person charged demonstrates that the person exercised due diligence to avoid committing the offence.

Corporate liability

65.5   If a corporation commits an offence under section 65.3 or 65.4, an officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.

Penalties

65.6   (1) A person who commits an offence under section 65.2 is liable on conviction to a fine of up to $50 000.

(2) A person who commits an offence under section 65.3 or 65.4 is liable on conviction,

(a) in the case of an individual, other than an individual who is a service provider, to a fine of up to $50 000,

(b) subject to paragraph (c), in the case of a service provider, including a partnership that or an individual who is a service provider, to a fine of up to $50 000, and

(c) in the case of a corporation, to a fine of up to $500 000.

Time limit for laying an information to commence a prosecution

65.7   (1) The time limit for laying an information to commence a prosecution for an offence under sections 65.3 and 65.4 is

(a) one year after the date on which the act or omission that is alleged to constitute the offence occurred, or

(b) if the minister responsible for this Act issues a certificate described in subsection (2), one year after the date on which the minister learned of the act or omission referred to in paragraph (a) of this subsection.

(2) A certificate issued by the minister responsible for this Act certifying the date referred to in subsection (1) (b) is proof of that date.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 5.1 | Part 6 | Schedule 1 | Schedule 2 | Schedule 3