Bill 211 (Legislature 19, Session 1)

L19 S1 4273

Alberta — Bills

1979 BILL 211 First Session, 19th Legislature, 28 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 211

AN ACT RESPECTING THE RIGHT OF THE PUBLIC TO INFORMATION CONCERNING THE PUBLIC BUSINESS DR. BUCK First Reading Second Reading Committee of the Whole Third Reading Royal Assent Printed by the Queen’s Printer for the Province of Alberta, EDMONTON Title: 1979 (19th, 1st) Bill 211,

An Act Respecting the Right of the Public to Information Concerning the Public Business

Bill 211 Dr. Buck BILL 211 1979

AN ACT RESPECTING THE RIGHT OF THE PUBLIC TO INFORMATION CONCERNING THE PUBLIC BUSINESS (Assented to , 1979) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. This Act may be cited as The Right to Information Act. 2. In this Act, . (a) “public business” includes any activity or operation carried on or performed in Alberta or elsewhere (

i) by the Government of Alberta, or by any depart ment, branch, board, commission, agency or Crown Corporation, or (ii) by any corporation, partnership or other business venture in which the Government of Alberta or any department, branch, board, commission, agency or Crown Corporation thereof, is a shareholder, mem ber, partner or party; (b) “record” includes the whole or any part of any book, document, paper, card, tape or other thing on or in which information is written, recorded, stored or reproduced and, where the record does not convey the information contained in the record by reason of having been kept in a form that requires translation, processing, or explana tion, includes a transcript of the translation, processing or explanation of the record. 3.

Any person who resides in or who is domiciled in Alberta may apply to the Government for a record made in the course of public business and the Government shall, within a reasonable time thereafter, provide a copy of such record to any person who so applies or make such record available for inspection by him, for a reasonable time and in normal business hours.

Explanatory Notes 1.

Short title. 2.

Definitions. 3. Resident entitled to record of public business.

Section 3 shall not apply to any record or part thereof (

a) where any statutory or other law provides that the record or part thereof shall not be made public; (

b) that is privileged as having been made in the course of an investigation or inquiry in the administration of the law or in the course of obtaining or giving legal advice or in contemplation of a legal proceeding; (

c) where the information on record is elsewhere provided or available either under any statutory or other law or as a result of the exercise of a discretion allowed to a public official except where the public official has declined to make it available; (

d) where the information on record is so trivial in public interest that the cost to provide or to make the record available is not in the public interest; (

e) where the application thereof is made for a frivolous or vexatious purpose; (

f) that is privileged as being of a confidential nature ex changed by public officials within the Government or any other government and is expressed to be confidential; (

g) where the information on record is private in that it re lates to the private affairs of any person or organization and, upon a balance between private and public interest, it is not in the public interest to provide the record or to make available; or (

h) of a court proceeding where the court has by order of a judge operated in camera. 5.

(1) Any person who believes that he is entitled to a record under

section 3, who applies to the Government for a record of public business and is denied in writing or, within a reasonable time after application made, is not provided with a copy of the record or has not had the record made available to him for in spection, may apply by notice of motion in the Court of Queen’s Bench for an order that the Government comply with the applica tion and if, in the opinion of the Court the person is so entitled, it shall grant the order.

(2) At the hearing of the application for an order, the Govern ment may produce evidence to show that the record comes within the scope of

section 4 and in any case where privilege or privacy is claimed under

section 4(b) (

f) or (g), may present particulars of the claim in a sealed envelope to be opened and read only by the judge hearing the application.

(3) The judge may order information contained in the sealed envelope to be resealed or to be communicated to the person who applied for the order or to be otherwise dealt with as he sees fit.

(4) An order made under this

section shall be served on the Government by serving a copy on the Deputy Minister of the Executive Council. 2

4. Exceptions. 5. Court order. 2

6. A proceeding under this Act other than a proceeding pur suant to

section 9 shall be deemed not to be an action as defined in The Alberta Evidence Act. 7. No appeal lies from any order made under this Act except as provided in

section 5(3) and (4), and no order shall be made by the Court as to costs in the application. 8.

(1) Upon an application made under

section 3, the Govern ment shall appoint a member or other official of the Government to represent and to be responsible for and on behalf of the Gov ernment in all proceedings upon the application and shall give notice to the applicant of the identity of the person so appointed.

(2) The person appointed under subsection (1) shall sign any denial of the application or any claim of privilege or privacy pur suant to

section 5. 9.

(1) Every person who violates or fails to comply with any provision of this Act or any order made by a court pursuant to this Act is guilty of an offence and is liable on

summary conviction to imprisonment for a term not exceeding 6 months.

(2) Any proceeding under this

section may be instituted at any time within 6 months after the time when the subject matter of the proceeding arose. 10. The provisions of this Act shall not be construed so as to exclude any method of obtaining public information which is established by law. 11. Nothing in this Act shall be deemed to abrogate, abridge or infringe any of the privileges, immunities and powers held, en joyed or exercised by the Legislative Assembly or its members. 12. This Act binds the Crown. 13. This Act comes into force on January 1st, 1980. 3

6. Application not a proceeding under The Alberta Evidence Act. 7. Appeal. 8. Representative of Government appointed. 9. Offence; penalty; limitation. 10. Other rights to information not excluded. 11. Privileges of Legislative Assembly saved. 12. Binds Crown. 3 Title: 1979 (19th, 1st) Bill 211,

An Act Respecting the Right of the Public to Information Concerning the Public Business

Document details

Collection	Alberta — Bills
Citation	L19 S1 4273
Type	bill
Volume / chapter	L19 S1 4273
Language	en
Format	json
Source	PROVINCIAL
Identifier	3c3fbd676c3a1b98ff4e0ee840d60742b8f3defd

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