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2015 Legislative Session: 4th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. DOUGLAS ROUTLEY

BILL M 210 – 2015

OPEN GOVERNMENT ACT, 2015

This Act amends the Freedom of Information and Protection of Privacy Act in order to enhance public access to information and bring a renewed culture of open

government to British Columbia. These amendments restore government accountability

by creating a positive duty to document, strengthening public interest provisions

and providing for greater access to records of government decision making. These amendments

also bring under the purview of the act information from quasi-public bodies and corporations

owned by public bodies. This Bill gives the Information and Privacy Commissioner jurisdiction

over record creation and disposal and also takes advantage of changes in electronic

technology to promote routine disclosure of calendars. Further, this Bill makes changes

to the fees associated with Freedom of Information requests to expand general public

access to information.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

1 The definition of "day" in

Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C.

1996, c. 165, is repealed and replaced with the following:

"day" means a consecutive 24-hour period;

2 The definition of "local public body" in

Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C.

1996, c. 165, is amended by adding the following paragraph:

"local public body" means

(

e) a designated quasi-public body

3 The definition of "public body" in

Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C.

1996, c. 165, is repealed and replaced with the following:

"public body" means

(

a) a ministry of the government of British Columbia;

(

b) an agency, board, commission, corporation, office or other body designated in,

or added by regulation to,

Schedule 2;

(

c) a local public body; or

(

d) a subsidiary of a body enumerated in subsection (

a) to (

c) but does not include

(

e) the office of a person who is a member or officer of the Legislative Assembly,

(

f) the Court of Appeal, Supreme Court or Provincial Court;

Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended by adding the following definition:

"transitory record" means records of temporary usefulness needed only for a limited time in order to

complete a routine action or prepare an ongoing record, and does not include records

that a public body uses to control, support or document the delivery of government

programs, carry out operations of public bodies, document decisions of public bodies

or account for the activities of public bodies;

5 The Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165,

is amended as follows:

(

a) adding the following paragraph to

section 2 (1):

(

f) recognizing a positive duty to document key government actions, deliberations,

and decisions on the part of public bodies, and any other body to which this Act applies,

(

b) adding the following subsections to

section 2:

(1.1) No person shall, with intent to deny a right of access under this Act fail

to create a record in relation with

section 2 (1) (f);

(1.2) The head of a public body shall ensure that all relevant records related to

real or apprehended litigation, audit, investigation, court or archival order, or

special organizational requirement are created and maintained.

Section 3 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended by:

(

a) repealing subsection (1) and replacing it with:

This Act applies to all records in the custody or under the control of a public body,

including records in the custody of a service provider under a contract with a public

body, and includes court administration records, but does not apply to the following:

Section 12 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended by repealing subsection (1) and replacing it with:

(1) (

a) The head of a public body may refuse to disclose to an applicant information

that would reveal the substance of deliberations of the Executive Council or any of

its committees, including any advice, recommendations, policy considerations or draft

legislation or regulations submitted or prepared for submission and directly considered

by the Executive Council or any of its committees.

(

b) If the head of a public body refuses to disclose to an applicant information

that would reveal the substance of deliberations indicated in subsection (1) (a),

then the head of the public body must provide a written justification to the applicant

reviewable by the Commissioner.

Section 13 of the Freedom of Information and Protection of Privacy Act, R.S.B.C.

1996, c. 165, is amended by:

(

a) adding " if that information would reveal a suggested course of action for acceptance or rejection

in making a decision or formulating a policy. " at the end of subsection (1),

(

b) adding the following subsections:

(2) (a.1) any background explanations or analysis for consideration in making a decision

or formulating a policy,

(2) (a.2) a professional, scientific, technical or investigative opinion or report

(2) (

o) internal ministerial audits

9 The Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165,

is amended by repealing

section 25 (1) and replacing it with the following:

(1) Whether or not a request for access is made, the head of a public body must disclose

to the public, to an affected group of people or to an applicant, all information

(

a) about a risk of significant harm to the environment,

(

b) or to the health or safety of the public or a group of people, or

(

c) about a risk of harm to a vulnerable group, or

(

d) the disclosure of which, for any other reason, the public interest outweighs

the purpose of the exemptions under sections 13, 16, 17, 21, and 22.

Section 42 (1) of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended by adding the following paragraphs:

(

k) review and approve schemes for the disclosure of electronic records from all

public bodies

(

l) exercise power and jurisdiction over all transitory records and may review schemes

for the disposal of such records.

Section 71 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended by adding the following subsections:

(1.3) The head of a public body must proactively disclose calendars of Executive

Council members, senior ministerial staff, and senior executive officials on a monthly

basis.

(1.4) The calendar disclosure must include

(

a) the time of meeting;

(

b) the subject and purpose of meeting; and

(

c) all meeting attendees and the name of organization each attendee represents.

Section 75 (5) of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is repealed and replaced by the following:

(5) If the head of a public body receives an applicant's written request to be excused

from paying all or part of the fees for services, the head may excuse the applicant

if, in the head's opinion,

(

a) the applicant cannot afford the payment or for any other reason it is fair to

excuse payment,

and must excuse the applicant if

(

b) the record relates to a matter of public interest as described in

section 25,

(

c) the request is subject to excessive delay.

13 The Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165,

is amended by adding the following subsection:

75 (5.2) the applicant may request a waiver of the fees in their initial request for

the information.

Explanatory Note

This Act amends the Freedom of Information and Protection of Privacy Act in order to enhance public access to information and bring a renewed culture of open

government to British Columbia. These amendments restore government accountability

by creating a positive duty to document, strengthening public interest provisions

and providing for greater access to records of government decision making. These amendments

also bring under the purview of the act information from quasi-public bodies and corporations

owned by public bodies. This Bill gives the Information and Privacy Commissioner jurisdiction

over record creation and disposal and also takes advantage of changes in electronic

technology to promote routine disclosure of calendars. Further, this Bill makes changes

to the fees associated with Freedom of Information requests to expand general public

access to information.

Copyright (

c) Queen's Printer, Victoria, British Columbia, Canada