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This Act is current to May 14, 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

Part 1 — Introductory Provisions
2Purposes of this Act
Part 2 — Freedom of Information
Division 1 — Information Rights and How to Exercise Them
4Information rights
5How to make a request
6Duty to assist applicants
7Time limit for responding
8Contents of response
9How access will be given
10Extending the time limit for responding
11Transferring a request
Division 2 — Exceptions
12Cabinet and local public body confidences
13Policy advice or recommendations
14Legal advice
15Disclosure harmful to law enforcement
16Disclosure harmful to intergovernmental relations or negotiations
17Disclosure harmful to the financial or economic interests of a public body
18Disclosure harmful to the conservation of heritage sites, etc.
18.1Disclosure harmful to interests of an Indigenous people
19Disclosure harmful to individual or public safety
20Information that will be published or released within 60 days
21Disclosure harmful to business interests of a third party
22Disclosure harmful to personal privacy
22.1Disclosure of information relating to abortion services
Division 3 — Notice to Third Parties
23Notifying the third party
24Time limit and notice of decision
Division 4 — Public Interest Paramount
25Information 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
25.1Unauthorized collection, use and disclosure of personal information prohibited
26Purpose for which personal information may be collected
27How personal information is to be collected
27.1When personal information is not collected
28Accuracy of personal information
29Right to request correction of personal information
30Protection of personal information
30.3Whistle-blower protection
30.5Notification of unauthorized disclosure
31Retention of personal information
Division 2 — Use and Disclosure of Personal Information by Public Bodies
32Use of personal information
33Disclosure of personal information
33.1Disclosure outside of Canada
33.3Disclosure of personal information in records available to public without request
34Definition of consistent purpose
Division 3 — Data-linking Programs
36.1Data-linking programs
Division 4 — Privacy Management Programs and Privacy Breach Notifications
36.2Privacy management programs
36.3Privacy breach notifications
Part 4 — Office and Powers of Information and Privacy Commissioner
37Appointment of commissioner
38Resignation, removal or suspension of commissioner
39Acting commissioner
40Salary, expenses and benefits of commissioner
41Staff of commissioner
42General powers of commissioner
43Power to authorize a public body to disregard a request
44Powers of commissioner in conducting investigations, audits or inquiries
44.1Maintenance of order at hearings
44.2Contempt proceeding for uncooperative person
45Statements made to the commissioner not admissible in evidence
46Protection against libel or slander actions
47Restrictions on disclosure of information by the commissioner and staff
48Protection of commissioner and staff
49Delegation by commissioner
50Role of Ombudsperson
51Annual report of commissioner
Part 5 — Reviews and Complaints
Division 1 — Reviews by the Commissioner
52Right to ask for a review
53How to ask for a review
54Notifying others of review
54.1Order for severing of information from records
55Mediation may be authorized
56Inquiry by commissioner
57Burden of proof
58Commissioner's orders
59Duty to comply with orders
59.01Enforcement of orders of commissioner
Division 2 — Investigations and Reviews by Adjudicator
59.1References to commissioner
60Adjudicator to investigate complaints and review decisions
60.1Adjudicator may authorize commissioner to disregard requests
61Powers, duties and protections of adjudicator
62Right to ask for a review
63How to ask for a review
64Notifying others of review
65Conduct and outcome of the review
Part 5.1 — Offences
65.1Offence Act
65.2Offence to wilfully mislead, obstruct or fail to comply with commissioner
65.3Offence to wilfully evade access provisions
65.4Privacy offences
65.5Corporate liability
65.7Time limit for laying an information to commence a prosecution
Part 6 — General Provisions
66Delegation by the head of a public body
67Consultative committee
68Annual report of minister
69Personal information directories, privacy impact assessments and information-sharing agreements
69.1Public information regarding health information banks
69.2Provincial identity information services provider
70Certain records available without request
71Head of public body must establish categories of records available without request
71.1Minister may establish categories of records available without request
73Protection of public body from legal suit
73.1Recovery of personal information
73.2Court order for return of personal information
76Power to make regulations
76.1Ministerial regulation making power
77Power to make bylaws
80Review of Act
81Right to disclose preserved
Schedule 1
Schedule 2
Schedule 3