Bill 37 (Legislature 24, Session 3)

L24 S3 912

Alberta — Bills

1999 BILL 37 Third Session, 24th Legislature, 48 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 37 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY AMENDMENT ACT, 19 9 9 MR. FRIEDEL First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 37 M r. Friedel BILL 37 1999 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY AMENDMENT ACT, 19 9 9 (A ssented to , 1999) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 1994 cF-18.5 1 The Freedom of Inform ation and P rotection of P rivacy A ct is am ended by this Act. 2

Section 1(1) is am ended (

a) by repealing clause (

e) and substituting the following: (e) “employee”, in relation to a public body, includes a person who performs a service for the public body as an appointee, volunteer or student or under a contract or agency relationship with the public body; (

b) in clause (f) (

i) by adding the following after subclause (i): (i.1) if the public body is an agency, board, commission, corporation, office or other body designated as a public body in the regulations, the person designated by the Minister responsible for that body to act as the head of that body or, if a head is not so designated, the person who acts as the chief officer and is charged with the administration and operation of that body, (ii) in subclause (iii) by striking out “executive”; 1

Explanatory Notes 1 Amends

chapter F-18.5 of the Statutes of Alberta, 1994. 2

Section 1(1)(e), (f), (g), (

h) and (

i) presently read: 1(1) In this A ct, (e) "em ployee", in relation to a public body, includes a person retained under a contract to perform services for the public body; (f) "head", in relation to a public body, m eans (

i) if the public body is a departm ent, branch or office of the G overnm ent of A lberta, the m em ber of the E xecutive C ouncil who presides over it, (ii) if the public body is a local public body, the person or group of persons designated under

section 8 9(

a) as the head, and (iii) in any other case, the chief executive officer of the public body; (g) "health care body" m eans (

i) an approved hospital as defined in the H ospitals A ct, (ii) a nursing hom e as defined in the Nursing H om es A ct, 1 Explanatory Notes

(

c) in clause (g) (

i) by repealing subclauses (

i) and (ii) and substituting the following: (

i) the board of an approved hospital as defined in the H ospitals A ct other than an approved hospital that is owned and operated by a regional health authority under the Regional H ealth A uthorities A ct, (ii) the operator of a nursing home as defined in the Nursing H om es A ct other than a nursing home that is owned and operated by a regional health authority under the Regional H ealth A uthorities A ct, (ii) by adding the following after subclause (iii): (iii.1) the Alberta Cancer Board, (

d) by repealing clause (

h) and substituting the following: (h) “law enforcement” means (

i) policing, including criminal intelligence operations, (ii) a police, security or administrative investigation, including the complaint giving rise to the investigation, that leads or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the investigation or by another body to which the results of the investigation are referred, or (iii) proceedings that lead or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the proceedings or by another body to which the results of the proceedings are referred; (

e) in clause (

i) by striking out “or” at the end of subclause (xv) and repealing subclause (xvi) and substituting the following: (xvi) any (

A) commission, 2

(iii) a provincial health board established under the Regional H ealth A uthorities A ct, (iv) a regional health authority under the Regional H ealth A uthorities A ct, (

v) a com m unity health council established under the Regional H ealth A uthorities A ct, or (vi) a subsidiary health corporation as defined in the Regional H ealth A uthorities A ct; (h) “law enforcem ent" m eans (

i) policing, including crim inal intelligence operations, (ii) investigations that lead or could lead to a penalty or sanction being im posed, or (iii) proceedings that lead or could lead to a penalty or sanction being im posed; (i) “local governm ent body” m eans (

i) a m unicipality as defined in the M unicipal G overnm ent A ct, (iii) an im provem ent district under the M unicipal G overnm ent A ct, (vi) a special area as defined in the Special A reas A ct, (ix) a regional services com m ission under

Part 15 .1 of the M unicipal G overnm ent A ct, (

x) a board established under the D rainage D istricts A ct, (xi) a board established under the Irrigation A ct, (xii) a m anagem ent body established under the A lberta H ousing A ct, a housing authority continued under

section 37 of the A lberta H ousing A ct and a foundation continued as a m anagem ent body under

section 38 of the A lberta H ousing A ct, (xiv) a M etis settlem ent established under the M etis Settlem ents A ct, (xv) the M etis Settlem ents G eneral C ouncil established under the M etis Settlem ents A ct, or (xvi) any board, com m ittee, com m ission, panel, agency or corporation that is created or owned by a body referred to in subclauses (

i) to (xv) and all the m em bers or officers of which are appointed or chosen by, or under the authority of that body and includes without restricting the generality of the 2 Explanatory Notes

(

B) police service, or (

C) policing committee, as defined in the Police A ct, (xvii) any municipal library board, library system board, federation board or joint municipal library board continued or established under the Libraries A ct, or (xviii) any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in subclauses (

i) to (xvii) and all the members or officers of which are appointed or chosen by that body, but does not include EPCOR Utilities Inc. or Enmax Power Corporation; 3

Section 3(

e) is repealed and the following is substituted: (

e) does not prohibit the transfer, storage or destruction of a record (

i) in accordance with an enactment of Alberta or Canada, or (ii) in accordance with a by-law, resolution or other legal instrument by which a local public body acts or, if a local public body does not have a by-law, resolution or other legal instrument in respect of the transfer, storage or destruction of a record, as authorized by the governing body of the local public body. 3

foregoing, a Regional Police C om m ission, a policing com m ittee or a M unicipal Police C om m ission as established under the Police A ct; 3

Section 3 presently reads: 3 This A ct (

a) is in addition to and does not replace existing procedures for access to inform ation or records, (

b) does not affect access to records (

i) deposited in the Provincial A rchives of A lberta, or (ii) deposited in the archives of a public body that were unrestricted before the com ing into force of this A ct, (

c) does not lim it the inform ation otherwise available by law to a party to legal proceedings, (

d) does not affect the power of any court or tribunal to com pel a witness to testify or to com pel the production of docum ents, and (

e) does not prohibit the transfer, storage or destruction of any record in accordance with any other enactm ent of A lberta or C anada or a by-law of a local governm ent body. 3 Explanatory Notes

Section 4 is am ended (

a) in subsection (1) (

i) in clause (

b) by striking out “of’ and substituting “created by or for”; (ii) in clause (

c) by adding “, for” before “or is in”; (iii) by repealing clause (c.1) and substituting the following: (c.1) information that is collected by or for or is in the custody or under the control of the Ethics Commissioner and relates to the disclosure statements of deputy ministers and other senior officers that have been deposited with the Ethics Commissioner; (c.2) a record that is created by or for or is in the custody or under the control of the Ethics Commissioner and relates to any advice relating to conflicts of interest whether or not the advice was given under the C onflicts of Interest A ct; (iv) by repealing clause (

e) and substituting the following: (

e) teaching materials (

i) of an employee of a post-secondary educational body, (ii) of a post-secondary educational body, or (iii) of both an employee of a post-secondary educational body and the post-secondary educational body; (e.1) research information of an employee of a post-secondary educational body; (

v) by repealing clause (

i) and substituting the following: (

i) a personal record or constituency record of an elected member of a local public body; (i.1) a personal record of an appointed member of the governing body of a local public body; 4

Section 4(1) presently reads: 4(1) This A ct applies to all records in the custody or under the control of a public body, including court adm inistration records, but does not apply to the following: (

a) inform ation in a court file, a record of a judge of the C ourt of A ppeal of A lberta, the C ourt of Q ueen’s Bench of A lberta, The Surrogate C ourt of A lberta or The Provincial C ourt of A lberta, a record of a m aster of the C ourt of Q ueen’s Bench of A lberta, a record of a sitting justice of the peace, a judicial adm inistration record or a record relating to support services provided to the judges of any of the courts referred to in this clause; (

b) a personal note, comm unication or draft decision of a person who is acting in a judicial or quasi-judicial capacity including any authority designated by the Lieutenant G overnor in C ouncil to which the A dm inistrative Procedures A ct applies; (

c) a record that is created by or is in the custody or under the control of an officer of the Legislature and relates to the exercise of that officer’s functions under an A ct of A lberta; (c.1) a record that is created by or is in the custody or under the control of the E thics C om m issioner and relates (

i) to the disclosure statem ents of deputy m inisters and other senior officers that have been deposited with the E thics C om m issioner, or (ii) to any advice relating to conflicts of interest whether or not the advice was given under the C onflicts of Interest A ct; (

d) a question that is to be used on an exam ination or test; (

e) teaching m aterials or research inform ation of em ployees of a post-secondary educational body; (

f) m aterial that has been deposited in the Provincial A rchives of A lberta or the archives of a public body by or for a person or entity other than a public body; (

g) a record relating to a prosecution if all proceedings in respect of the prosecution have not been com pleted; (

h) a record m ade from inform ation (

i) in the Personal Property Registry, 4 Explanatory Notes

(

b) by adding the following after subsection (1):

(1.1) In this

section and sections 22(1)(

b) and 88(1)(k), “governing body” (

a) in relation to a university, means the board of governors or the general faculties council as described in the U niversities A ct, (

b) in relation to a public college, means the board of governors or the academic council as described in the C olleges A ct, and (

c) in relation to a technical institute, means the board of governors or the academic council as described in the Technical Institutes A ct. 5

(ii) in the office of the Registrar of M otor Vehicle Services, (ii.1) in the office of the Registrar of C orporations, (ii.2) in the office of the Registrar of C om panies, (iii) in a Land Titles O ffice, (iv) in an office of a district registrar as defined in the Vital Statistics A ct, or (

v) in a registry operated by a public body where public access to the registry is norm ally perm itted; (

i) a record of an elected official of a local public body that is not in the custody or under the control of the local public body; (

j) a personal record or constituency record of a m em ber of the E xecutive C ouncil; (

k) a record created by or for the office of the Speaker of the Legislative A ssem bly or the office of a M em ber of the Legislative A ssem bly that is in the custody or control of the Legislative A ssem bly O ffice; (

l) a record created by or for (

i) a m em ber of the E xecutive C ouncil, (ii) a M em ber of the Legislative A ssem bly, or (iii) a chair of a Provincial agency as defined in the Financial A dm inistration A ct who is a M em ber of the Legislative A ssem bly that has been sent or is to be sent to a m em ber of the E xecutive C ouncil, a M em ber of the Legislative A ssem bly or a chair of a Provincial agency as defined in the Financial A dm inistration A ct who is a M em ber of the Legislative A ssem bly; (

m) a record in the custody or control of a treasury branch other than a record that relates to a non-arm ’s length transaction between the G overnm ent of A lberta and another party; (

n) a record relating to the business or affairs of C redit U nion C entral A lberta Lim ited, a credit union or a dissolved credit union or relating to an application for incorporation as a credit union that is obtained or produced in the course of adm inistering or enforcing the C redit U nion A ct or the regulations under it, other than a record that relates to a non-arm 's length transaction between the G overnm ent and another party; 5 Explanatory Notes

Section 5(3) is repealed. 6 The following is added after

section 7: Abandoned request 7.1(1) Where the head of a public body contacts an applicant in writing respecting the applicant’s request, including (

a) seeking further information from the applicant that is necessary to process the request, or (

b) requesting the applicant to pay a fee or to agree to pay a fee, and the applicant fails to respond to the head of the public body, as requested by the head, within 30 days of being contacted, the head of the public body may, by notice in writing to the applicant, declare the request abandoned.

(2) A notice under subsection (1) must state that the applicant may ask for a review under

Part 4. 7

Section 13 is repealed and the following is substituted: Extending time limit for responding 13(1) The head of a public body may extend the time for responding to a request for up to 30 days or, with the Commissioner’s permission, for a longer period if (

a) the applicant does not give enough detail to enable the public body to identify a requested record, (

b) a large number of records are requested or must be searched and responding within the period set out in

section 10 would unreasonably interfere with the operations of the public body, (

c) more time is needed to consult with a third party or another public body before deciding whether or not to grant access to a record, or (

d) a third party asks for a review under

section 62(2) or 73(3). 6

Section 5(3) presently reads:

(3) Two years after

section 6 com es into force, subsection (1) of this

section is repealed and subsection (2) of this

section com es into force. 6 Abandoned request. 7

Section 13 presently reads: 13(1) The head of a public body m ay extend the tim e for responding to a request for up to 30 days or, with the C om m issioner’s perm ission, for a longer period if (

a) the applicant does not give enough detail to enable the public body to identify a requested record, (

b) a large num ber of records is requested or m ust be searched and responding within the period set out in

section 10 would unreasonably interfere with the operations of the public body, (

c) m ore tim e is needed to consult with a third party or another public body before deciding whether or not to grant access to a record, or (

d) a third party asks for a review under

section 62(2) or 7 3(3).

(2) If the tim e is extended under subsection (1), the head of the public body m ust tell the applicant 6 Explanatory Notes

(2) The head of a public body may, with the Commissioner’s permission, extend the time for responding to a request if multiple concurrent requests have been made by the same applicant or multiple concurrent requests have been made by 2 or more applicants who work for the same organization or who work in association with each other.

(3) Despite subsection (1), where the head of a public body is considering giving access to a record to which

section 29 applies, the head of the public body may extend the time for responding to the request for the period of time necessary to enable the head to comply with the requirements of

section 30.

(4) If the time for responding to a request is extended under subsection (1), (2) or (3), the head of the public body must tell the applicant (

a) the reason for the extension, (

b) when a response can be expected, and (

c) that the applicant may make a complaint to the Commissioner or to an adjudicator, as the case may be, about the extension. 8

Section 15(2) is am ended by adding “about a third party” after “information”. 9

Section 16 is repealed and the following is substituted: Disclosure harmful to personal privacy 16(1) The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party’s personal privacy.

(2) A disclosure of personal information is not an unreasonable invasion of a third party’s personal privacy if (

a) the third party has, in writing, consented to or requested the disclosure, (

b) there are compelling circumstances affecting anyone’s health or safety and notice of the 7

(

a) the reason for the extension, (

b) when a response can be expected, and (

c) that the applicant m ay m ake a com plaint to the C om m issioner or an adjudicator, as the case m ay be, about the extension. 8

Section 15(2) presently reads:

(2) The head of a public body m ust refuse to disclose to an applicant inform ation that was collected on a tax return or collected for the purpose of determ ining tax liability or collecting a tax. 9

Section 16 presently reads: 16(1) The head of a public body m ust refuse to disclose personal inform ation to an applicant if the disclosure would be an unreasonable invasion of a third party’s personal privacy.

(2) A disclosure of personal inform ation is presum ed to be an unreasonable invasion of a third party’s personal privacy if (

a) the personal inform ation relates to a m edical, psychiatric or psychological history, diagnosis, condition, treatm ent or evaluation, (

b) the personal inform ation was com piled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation, 7 Explanatory Notes

disclosure is mailed to the last known address of the third party, (

c) an Act of Alberta or Canada authorizes or requires the disclosure, (

d) the disclosure is for research purposes and is in accordance with

section 40 or 41, (

e) the information is about the third party’s classification, salary range, discretionary benefits or employment responsibilities as an officer, employee or member of a public body or as a member of the staff of a member of the Executive Council, (

f) the disclosure reveals financial and other details of a contract to supply goods or services to a public body, (

g) the information is about a licence, permit or other similar discretionary benefit relating to (

i) a commercial or professional activity, that has been granted to the third party by a public body, or (ii) real property, including a development permit or building permit, that has been granted to the third party by a public body, and the disclosure is limited to the name of the third party and the nature of the licence, permit or other similar discretionary benefit, (

h) the disclosure reveals details of a discretionary benefit of a financial nature granted to the third party by a public body, (

i) the personal information is about an individual who has been dead for 25 years or more, or (

j) subject to subsection (3), the disclosure is not contrary to the public interest and reveals only the following personal information about a third party: (

i) enrolment in a school of an educational body or in a program offered by a post-secondary educational body, 8

(

c) the personal inform ation relates to eligibility for incom e assistance or social service benefits or to the determ ination of benefit levels, (

d) the personal inform ation relates to em ploym ent or educational history, (

e) the personal inform ation was collected on a tax return or gathered for the purpose of collecting a tax, (

f) the personal inform ation consists of personal recom m endations or evaluations, character references or personnel evaluations, (

g) the personal inform ation consists of the third party’s nam e when (

i) it appears with other personal inform ation about the third party, or (ii) the disclosure of the nam e itself would reveal personal inform ation about the third party, or (

h) the personal inform ation indicates the third party’s racial or ethnic origin, or religious or political beliefs or associations.

(3) In determ ining under subsection (1) or (2) whether a disclosure of personal inform ation constitutes an unreasonable invasion of a third party’s personal privacy, the head of a public body m ust consider all the relevant circum stances, including whether (

a) the disclosure is desirable for the purpose of subjecting the activities of the G overnm ent of A lberta or a public body to public scrutiny, (

b) the disclosure is likely to prom ote public health and safety or the protection of the environm ent, (

c) the personal inform ation is relevant to a fair determ ination of the applicant’s rights, (

d) the disclosure will assist in researching or validating the claim s, disputes or grievances of aboriginal people, (

e) the third party will be exposed unfairly to financial or other harm , (

f) the personal inform ation has been supplied in confidence, (

g) the personal inform ation is likely to be inaccurate or unreliable, and 8 Explanatory Notes

(ii) admission to a facility or institution of a health care body as a current patient or resident, except where the disclosure would reveal the nature of the third party’s treatment, (iii) attendance at or participation in a public event or activity related to a public body, including a graduation ceremony, sporting event, cultural program or club, or field trip, or (iv) receipt of an honour or award granted by or through a public body.

(3) The disclosure of personal information under subsection (2)(

j) is an unreasonable invasion of personal privacy if the third party whom the information is about has requested that the information not be disclosed.

(4) A disclosure of personal information is presumed to be an unreasonable invasion of a third party’s personal privacy if (

a) the personal information relates to a medical, psychiatric or psychological history, diagnosis, condition, treatment or evaluation, (

b) the personal information is an identifiable part of a law enforcement record, except to the extent that the disclosure is necessary to dispose of the law enforcement matter or to continue an investigation, (

c) the personal information relates to eligibility for income assistance or social service benefits or to the determination of benefit levels, (

d) the personal information relates to employment or educational history, (

e) the personal information was collected on a tax return or gathered for the purpose of collecting a tax, (

f) the personal information consists of personal recommendations or evaluations, character references or personnel evaluations, (

g) the personal information consists of the third party’s name when 9

(

h) the disclosure m ay unfairly dam age the reputation of any person referred to in the record requested by the applicant.

(4) A disclosure of personal inform ation is not an unreasonable invasion of a third party’s personal privacy if (

a) the third party has, in writing, consented to or requested the disclosure, (

b) there are com pelling circum stances affecting anyone’s health or safety and notice of the disclosure is m ailed to the last known address of the third party, (

c) an A ct of A lberta or C anada authorizes or requires the disclosure, (

d) the disclosure is for research purposes and is in accordance with

section 40, (

e) the inform ation is about the third party's classification, salary range, discretionary benefits or em ploym ent responsibilities as an officer, em ployee or m em ber of a public body or as a m em ber of the staff of a m em ber of the E xecutive C ouncil, (

f) the disclosure reveals financial and other details of a contract to supply goods or services to a public body, (

g) the disclosure reveals details of a licence, perm it or other sim ilar discretionary benefit granted to the third party by a public body, (

h) the disclosure reveals details of a discretionary benefit of a financial nature granted to the third party by a public body, or (

i) the personal inform ation is about an individual who has been dead for 25 years or m ore. 9 Explanatory Notes

(

i) it appears with other personal information about the third party, or (ii) the disclosure of the name itself would reveal personal information about the third party, or (

h) the personal information indicates the third party’s racial or ethnic origin or religious or political beliefs or associations.

(5) In determining under subsections (1) and (4) whether a disclosure of personal information constitutes an unreasonable invasion of a third party’s personal privacy, the head of a public body must consider all the relevant circumstances, including whether (

a) the disclosure is desirable for the purpose of subjecting the activities of the Government of Alberta or a public body to public scrutiny, (

b) the disclosure is likely to promote public health and safety or the protection of the environment, (

c) the personal information is relevant to a fair determination of the applicant’s rights, (

d) the disclosure will assist in researching or validating the claims, disputes or grievances of aboriginal people, (

e) the third party will be exposed unfairly to financial or other harm, (

f) the personal information has been supplied in confidence, (

g) the personal information is likely to be inaccurate or unreliable, (

h) the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant, and (

i) the personal information was originally provided by the applicant. 10

10 Explanatory Notes

Section 17 is am ended by adding the following after subsection (2):

(3) The head of a public body may refuse to disclose to an applicant information in a record that reveals the identity of an individual who has provided information to the public body in confidence about a threat to an individual’s safety or mental or physical health. 11

Section 18 is repealed and the following is substituted: Confidential evaluations 18(1) The head of a public body may refuse to disclose to an applicant personal information that is evaluative or opinion material compiled for the purpose of determining the applicant’s suitability, eligibility or qualifications for employment or for the awarding of contracts or other benefits by a public body when the information is provided, explicitly or implicitly, in confidence.

(2) The head of a public body may refuse to disclose to an applicant personal information that identifies or could reasonably identify a participant in a formal employee evaluation process concerning the applicant when the information is provided, explicitly or implicitly, in confidence.

(3) For the purpose of subsection (2), “participant” includes a peer, subordinate or client of an applicant, but does not include the applicant’s supervisor or superior. 12

Section 19 is am ended (

a) in subsection (1) by adding the following after clause (d): (d.1) reveal criminal intelligence that has a reasonable connection with the detection, prevention or suppression of organized criminal activities or of serious and repetitive criminal activities, (d.2) interfere with or harm an ongoing or unsolved law enforcement investigation, including a police investigation, (d.3) reveal any information relating to or used in the exercise of prosecutorial discretion, 11

10 Confidential information about health and safety. 11

Section 18 presently reads: 18 The head of a public body m ay refuse to disclose to an applicant personal inform ation that is evaluative or opinion m aterial com piled solely for the purpose of determ ining the applicant’s suitability, eligibility or qualifications for em ploym ent or for the awarding of governm ent contracts or other benefits when the inform ation is provided, explicitly or im plicitly, in confidence. 12

Section 19(1) presently reads: 19(1) The head of a public body m ay refuse to disclose inform ation to an applicant if the disclosure could reasonably be expected to (

a) harm a law enforcem ent m atter, (

b) prejudice the defence of C anada or of any foreign state allied to or associated with C anada or harm the detection, prevention or suppression of espionage, sabotage or terrorism , (

c) harm the effectiveness of investigative techniques and procedures currently used, or likely to be used, in law enforcem ent, (

d) reveal the identity of a confidential source of law enforcem ent inform ation, 11 Explanatory Notes

(

b) by adding the following after subsection (1): (1.1) Subsection (1)(d.3) does not apply to information that has been in existence for 10 years or more. 13

Section 20(1)(

a) is am ended by adding the following after subclause (ii): (ii.1) an aboriginal organization that exercises government functions, including (

A) the council of a band as defined in the Indian A ct (Canada), and (

B) an organization established to negotiate or implement, on behalf of aboriginal people, a treaty or land claim agreement with the Government of Canada, 14

Section 23 is am ended (

a) in subsection (1) (

i) by repealing clause (

f) and substituting the following: (

f) the contents of agendas or minutes of meetings 12

(

e) deprive a person of the right to a fair trial or im partial adjudication, (

f) reveal a record that has been confiscated from a person by a peace officer in accordance with a law, (

g) facilitate the escape from custody of an individual who is being lawfully detained, (

h) facilitate the com m ission of an unlawful act or ham per the control of crim e, (

i) reveal technical inform ation relating to weapons or potential weapons, (

j) harm the security of any property or system , including a building, a vehicle, a com puter system or a com m unications system , or (

k) reveal inform ation in a correctional record supplied, explicitly or im plicitly, in confidence. 13

Section 20(1) presently reads: 20(1) The head of a public body m ay refuse to disclose inform ation to an applicant if the disclosure could reasonably be expected to (

a) harm relations between the G overnm ent of A lberta or its agencies and any of the following or their agencies: (

i) the G overnm ent of C anada or a province or territory of C anada, (ii) a local governm ent body, (iii) the governm ent of a foreign state, or (iv) an international organization of states, or (

b) reveal inform ation supplied, explicitly or im plicitly, in confidence by a governm ent, local governm ent body or an organization listed in clause (

a) or its agencies. 14

Section 23(1)(

f) and (

g) and (2) presently read in part: 23(1) The head of a public body m ay refuse to disclose inform ation to an applicant if the disclosure could reasonably be expected to reveal (

f) the contents of agendas or m inutes of m eetings of an agency, board, com m ission, corporation, office or other body that is a public body, or 12 Explanatory Notes

(

i) of the governing body of an agency, board, commission, corporation, office or other body that is designated as a public body in the regulations, or (ii) of a committee of a governing body referred to in subclause (i), (ii) by adding “or” at the end of clause (

g) and by adding the following after clause (g): (

h) the contents of a formal research or audit report that in the opinion of the head of the public body is incomplete unless no progress has been made on the report for at least 3 years. (

b) in subsection (2) (

i) by repealing clause (

c) and substituting the following: (

c) is the result of product or environmental testing carried out by or for a public body, that is complete or on which no progress has been made for at least 3 years, unless the testing was done (

i) for a fee as a service to a person other than a public body, or (ii) for the purpose of developing methods of testing or testing products for possible purchase, (ii) by repealing clause (

e) and substituting the following: (

e) is the result of background research of a scientific or technical nature undertaken in connection with the formulation of a policy proposal, that is complete or on which no progress has been made for at least 3 years, (

c) by adding the following after subsection (2):

(3) In this section, “audit” means a financial or other formal and systematic examination or review of a program, portion of a program or activity. 13

(

g) inform ation, including the proposed plans, policies or projects of a public body, the disclosure of which could reasonably be expected to result in disclosure of a pending policy or budgetary decision.

(2) This

section does not apply to inform ation that (

a) has been in existence for 15 years or m ore, (

b) is a statem ent of the reasons for a decision that is m ade in the exercise of a discretionary power or an adjudicative function, (

c) is the result of product or environm ental testing carried out by or for a public body, unless the testing was done (

i) for a fee as a service to a person other than a public body, or (ii) for the purpose of developing m ethods of testing or testing products for possible purchase, (

d) is a statistical survey, (

e) is the result of background research of a scientific or technical nature undertaken in connection with the form ulation of a policy proposal, (

f) is an instruction or guideline issued to the officers or em ployees of a public body, or (

g) is a substantive rule or statem ent of policy that has been adopted by a public body for the purpose of interpreting an A ct or regulation or adm inistering a program or activity of the public body. 13 Explanatory Notes

Section 24(1)(

d) is repealed and the following is substituted: (

d) information obtained through research by an employee of a public body, the disclosure of which could reasonably be expected to deprive the employee or the public body of priority of publication. 16

Section 25 is am ended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (

b) and by adding the following after clause (b): (

c) standardized tests used by a public body, including intelligence tests, 17

Section 26(1)(

b) and (

c) are repealed and the following is substituted: (

b) information prepared by or for (

i) the Minister of Justice and Attorney General, (ii) an agent or lawyer of the Minister of Justice and Attorney General, or (iii) an agent or lawyer of a public body, in relation to a matter involving the provision of legal services, or (

c) information in correspondence between (

i) the Minister of Justice and Attorney General, (ii) an agent or lawyer of the Minister of Justice and Attorney General, or 14

Section 24(1)(

d) presently reads: 24(1) The head of a public body m ay refuse to disclose inform ation to an applicant if the disclosure could reasonably be expected to harm the econom ic interest of a public body or the G overnm ent of A lberta or the ability of the G overnm ent to m anage the econom y, including the following inform ation: (

d) scientific or technical inform ation obtained through research by an em ployee of a public body, the disclosure of which could reasonably be expected to deprive the em ployee or public body of priority of publication. 16

Section 25 presently reads: 25 The head of a public body m ay refuse to disclose to an applicant inform ation relating to (

a) testing or auditing procedures or techniques, or (

b) details of specific tests to be given or audits to be conducted, if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. 17

Section 26(1)(

b) and (

c) presently read: 26(1) The head of a public body m ay refuse to disclose to an applicant (

b) inform ation prepared by or for an agent or lawyer of the M inister of Justice and A ttorney G eneral or a public body in relation to a m atter involving the provision of legal services, or (

c) inform ation in correspondence between an agent or lawyer of the M inister of Justice and A ttorney G eneral or a public body and any other person in relation to a m atter involving the provision of advice or other services by the agent or lawyer. 14 Explanatory Notes

(iii) an agent or lawyer of a public body, and any other person in relation to a matter involving the provision of advice or other services by the Minister of Justice and Attorney General or by the agent or lawyer. 18

Section 29 is am ended by adding the following after subsection (1): (1.1) Subsection (1) does not apply to a record containing information described in

section 16(2)(j). 19

Section 32(

a) is am ended by striking out “or under

an Act” and substituting “an enactment”. 20

Section 33 is am ended (

a) in subsection (1) (

i) by adding the following after clause (b): (b.1) the information is collected in a health or safety emergency where (

i) the individual is not able to provide the information directly, or (ii) direct collection could reasonably be expected to endanger the mental or physical health or safety of the individual or another person, 15

Section 29(1) presently reads: 29(1) W hen the head of a public body is considering giving access to a record that m ay contain inform ation (

a) that affects the interests of a third party under

section 15 , or (

b) the disclosure of which m ay be an unreasonable invasion of a third party’s personal privacy under

section 16, the head m ust, subject to

section 28 , where practicable and as soon as practicable, give written notice to the third party in accordance with subsection (3). 19

Section 32(

a) presently reads: 32 No personal inform ation m ay be collected by or for a public body unless (

a) the collection of that inform ation is expressly authorized by or under an A ct of A lberta or C anada, 20

Section 33(3) presently reads: (3) Subsections (1) and (2) do not apply if, in the opinion of the head of the public body concerned, com pliance with them m ight result in the collection of inaccurate inform ation. 15 Explanatory Notes

(b.2) the information concerns an individual who is designated as a person to be contacted in an emergency or other specified circumstances, (b.3) the information is collected for the purpose of determining suitability for an honour or award, including an honorary degree, scholarship, prize or bursary, (b.4) the information is collected from published or other public sources for the purpose of fund-raising, (ii) in clause (

j) by striking out “a public body” and substituting “the public body”; (

b) by repealing subsection (3) and substituting the following: (3) Subsections (1) and (2) do not apply if, in the opinion of the head of the public body concerned, it could reasonably be expected that the information collected would be inaccurate. 21

Section 34(

b) is repealed and the following is substituted: (

b) retain the personal information for at least one year after using it so that the individual has a reasonable opportunity to obtain access to it, or for any shorter period of time as agreed to in writing by (

i) the individual, (ii) the public body, and (iii) if the body that approves the records and retention and disposition

schedule for the public body is different from the public body, that body. 22

Section 35 is am ended (

a) by adding the following after subsection (1):

(1.1) Despite subsection (1), the head of a public body must not correct an opinion, including a professional or expert opinion. 16

Section 34 presently reads: 34 If an individual’s personal inform ation will be used by a public body to m ake a decision that directly affects the individual, the public body m ust (

a) m ake every reasonable effort to ensure that the inform ation is accurate and com plete, and (

b) retain the personal inform ation for at least one year after using it so that the individual has a reasonable opportunity to obtain access to it. 22

Section 35 presently reads: 35

(1) A n applicant who believes there is an error or om ission in the applicant’s personal inform ation m ay request the head of the public body that has the inform ation in its custody or under its control to correct the inform ation. 16 Explanatory Notes

(

b) by repealing subsection (2) and substituting the following:

(2) If no correction is made in response to a request under subsection (1), or if because of subsection (1.1) no correction may be made, the head of the public body must annotate or link the personal information with that part of the requested correction that is relevant and material to the record in question. (

c) by adding the following after subsection (3):

(3.1) Despite subsection (3), the head of a public body may dispense with notifying any other public body or third party that a correction, annotation or linkage has been made if (

a) in the opinion of the head of the public body, the correction, annotation or linkage is not material, and (

b) the individual who requested the correction is advised and agrees in writing that notification is not necessary. 23 The following is added after

section 35: Transferring request to correct personal information 35.1(1) Within 15 days after a request to correct personal information under

section 35(1) is received by a public body, the head of the public body may transfer the request to another public body if (

a) the personal information was collected by the other public body, or (

b) the other public body created the record containing the personal information.

(2) If a request is transferred under subsection (1), (

a) the head of the public body who transferred the request must notify the applicant of the transfer as soon as possible, and (

b) the head of the public body to which the request is transferred must make every reasonable effort to respond to the request not later than 30 days after 17

(2) If no correction is m ade in response to a request under subsection (1), the head of the public body m ust annotate or link the inform ation with the correction that was requested but not m ade.

(3) O n correcting, annotating or linking personal inform ation under this section, the head of the public body m ust notify any other public body or any third party to whom that inform ation has been disclosed during the one year before the correction was requested that a correction, annotation or linkage has been m ade.

(4) O n being notified under subsection (3) of a correction, annotation or linkage of personal inform ation, a public body m ust m ake the correction, annotation or linkage on any record of that inform ation in its custody or under its control.

(5) W ithin 30 days after the request under subsection (1) is received, the head of the public body m ust give written notice to the individual that (

a) the correction has been m ade, or (

b) an annotation or linkage has been m ade pursuant to subsection (2).

(6) Section 13 applies to the period set out in subsection (5 ). 23 Transferring request to correct personal information. 17 Explanatory Notes

receiving the request unless the time limit is extended pursuant to

section 35(6). 24

Section 37 is am ended by renum bering it as

section 37(1) and by adding the following after subsection (1):

(2) Despite subsection (1), but subject to subsection (3), a post-secondary educational body may use personal information in its alumni records for the purpose of its own fund-raising activities.

(3) A post-secondary educational body must, when requested to do so by an individual, discontinue using that individual’s personal information under subsection (2).

(4) A public body may use personal information only to the extent necessary to enable the public body to carry out its purpose in a reasonable manner. 25

Section 38 is am ended (

a) in subsection (1) (

i) by adding the following after clause (a): (a.1) if the disclosure would not be an unreasonable invasion of a third party’s personal privacy under

section 16, (ii) by adding the following after clause (g): (g.1) to an officer or employee of a public body or to a member of the Executive Council, if the disclosure is necessary for the delivery of a common or integrated program or service and for the performance of the duties of the officer or employee or member to whom the information is disclosed, (iii) in clause (

j) by adding “or verifying” after “determining”; (iv) in clause (

q) by striking out “next of kin or a” and substituting “spouse, relative or”; (

v) in clause (

v) by striking out “a public body” and substituting “the public body”; 18

(vi) by striking out “or” at the end of clause (aa) and adding the following after clause (bb): (cc) if the head of the public body believes, on reasonable grounds, that the disclosure will avert or minimize an imminent danger to the health or safety of any person, or (dd) to the Administrator of the M otor Vehicle A ccident C laim s A ct or to an agent or lawyer of the Administrator for the purpose of dealing with claims under that Act. (

b) by adding the following after subsection (1):

(1.1) A post-secondary educational body may disclose personal information in its alumni records for the purpose of fund-raising activities of the post-secondary educational body if the post-secondary educational body and the person to whom the information is disclosed have entered into a written agreement (

a) that allows individuals a right of access to personal information that is disclosed about them under this subsection, and (

b) that provides that the person to whom the information is disclosed must discontinue using the personal information of any individual who so requests.

(1.2) A post-secondary educational body may, for the purpose of assisting students in selecting courses, disclose teaching and course evaluations that were completed by students. (

c) by repealing subsection (2) and substituting the following:

(2) A public body may disclose personal information only to the extent necessary to enable the public body to carry out the purposes described in subsections (1), (1.1) and (1.2) in a reasonable manner. 19

necessary for the perform ance of the duties of the officer, em ployee or m em ber, (

h) for the purpose of enforcing a legal right that the G overnm ent of A lberta or a public body has against any person, (

i) for the purpose of (

i) collecting a fine or debt owing by an individual to the G overnm ent of A lberta or to a public body, or to an assignee of either of them , or (ii) m aking a paym ent owing by the G overnm ent of A lberta or by a public body to an individual, (

j) for the purpose of determ ining an individual’s suitability or eligibility for a program or benefit, (

k) to the A uditor G eneral or any other prescribed person or body for audit purposes, (

l) to a m em ber of the Legislative A ssem bly who has been requested by the individual the inform ation is about to assist in resolving a problem , (

m) to a representative of a bargaining agent who has been authorized in writing by the em ployee the inform ation is about to m ake an inquiry, (

n) to the Provincial A rchives of A lberta or to the archives of a public body for perm anent preservation, (

o) to a public body or a law enforcem ent agency in C anada to assist in an investigation (

i) undertaken with a view to a law enforcem ent proceeding, or (ii) from which a law enforcem ent proceeding is likely to result, (

p) if the public body is a law enforcem ent agency and the inform ation is disclosed (

i) to another law enforcem ent agency in C anada, or (ii) to a law enforcem ent agency in a foreign country under an arrangem ent, written agreem ent, treaty or legislative authority, (

q) so that the next of kin or a friend of an injured, ill or deceased individual m ay be contacted, (

r) in accordance with

section 40 or 41, (

s) to an expert for the purposes of

section 17 (2), 19 Explanatory Notes

Section 39 is am ended by striking out “37(

a) and 38(b)” and substituting “37(1)(

a) and 38(1)(b)”. 20

(

t) for use in a proceeding before a court or quasi-judicial body to which the G overnm ent of A lberta or a public body is a party, (

u) when disclosure is by the M inister of Justice and A ttorney G eneral or an agent or lawyer of the M inister of Justice and A ttorney G eneral to a place of lawful detention, (

v) for the purpose of m anaging or adm inistering personnel of the G overnm ent of A lberta or a public body, (

w) to the D irector of M aintenance E nforcem ent for the purpose of enforcing a m aintenance order under the M aintenance E nforcem ent A ct, (

x) to an officer of the Legislature, if the inform ation is necessary for the perform ance of the duties of that officer, (

y) for the purpose of supervising an individual under the control or supervision of a correctional authority, (

z) when the inform ation is available to the public, (aa) to a relative of a deceased individual if, in the opinion of the head of the public body, the disclosure is not an unreasonable invasion of the deceased’s personal privacy, or (bb) to a lawyer or student-at-law acting for an inm ate under the control or supervision of a correctional authority'

(2) O nly inform ation that is reasonably required m ay be disclosed under subsection (1)(i).. 26

Section 39 presently reads: 39 For the purposes of sections 37 (

a) and 38 (b), a use or disclosure of personal inform ation is consistent with the purpose for which the inform ation was collected or com piled if the use or disclosure (

a) has a reasonable and direct connection to that purpose, and (

b) is necessary for perform ing the statutory duties of or for operating a legally authorized program of, the public body that uses or discloses the inform ation. 20 Explanatory Notes

Section 41 is repealed and the following is substituted:

PART 2.1 DISCLOSURE OF INFORMATION IN ARCHIVES Disclosure of information in archives 41(1) The Provincial Archives of Alberta and the archives of a public body may disclose for research purposes (

a) personal information that (

i) has been in existence for 25 years or more if the disclosure (

A) would not be an unreasonable invasion of personal privacy under

section 16, or (

B) is in accordance with

section 40, or (ii) is contained in a record that has been in existence for 75 years or more; (

b) information other than personal information that has been in existence for 25 years or more if (

i) the disclosure of the information would not be harmful to the business interests of a third party within the meaning of

section 15, (ii) the disclosure of the information would not be harmful to a law enforcement matter within the meaning of

section 19, (iii) the information is not subject to any type of legal privilege under

section 26, and (iv) access to the information is not restricted or prohibited by another Act of Alberta or Canada.

(2) The archives of a post-secondary educational body may disclose for research purposes information, including personal information, that has been in existence for 25 years or more if (

a) the post-secondary educational body and the person to whom the information is disclosed have entered into a written agreement that 21

Section 41 presently reads: 41 The Provincial A rchives of A lberta and the archives of a public body m ay disclose personal inform ation for research purposes if (

a) the disclosure would not be an unreasonable invasion of personal privacy under

section 16, (

b) the disclosure is in accordance with

section 40, (

c) the inform ation is about som eone who has been dead for 25 years or m ore, or (

d) the inform ation is in a record that has been in existence for 7 5 years or m ore. 21 Explanatory Notes

(

i) ensures security and confidentiality of the information, and (ii) prohibits subsequent use or disclosure of the personal information in individually identifiable form without the express authorization of the post-secondary educational body, and (

b) access to the information is not restricted or prohibited by another Act of Alberta or Canada. 28

Section 51(1) is am ended (

a) by repealing clause (

a) and substituting the following: (

a) conduct investigations to ensure compliance with any provision of this Act or compliance with rules relating to the destruction of records (

i) set out in any other enactment of Alberta, or (ii) set out in a by-law, resolution or other legal instrument by which a local public body acts or, if a local public body does not have a by-law, resolution or other legal instrument setting out rules related to the destruction of records, as authorized by the governing body of a local public body, (

b) by repealing clause (

i) and substituting the following: (

i) bring to the attention of the head of a public body any failure by the public body to assist applicants under

section 9, and 29

Section 53 is repealed and the following is substituted: Power to authorize a public body to disregard requests 53 If the head of a public body asks, the Commissioner may authorize the public body to disregard one or more requests under

section 7(1) or 35(1) if (

a) because of their repetitious or systematic nature, the requests would unreasonably interfere with the 22

Section 51(1) presently reads in part: 5 1(1) In addition to the C om m issioner’s powers and duties under

Part 4 with respect to reviews, the C om m issioner is generally responsible for m onitoring how this A ct is adm inistered to ensure that its purposes are achieved, and m ay (

a) conduct investigations to ensure com pliance with any provision of this A ct or com pliance with rules relating to the destruction of records set out in (

i) any other enactm ent of A lberta, or (ii) a by-law or other legal instrum ent by which a local public body acts, (

i) bring to the attention of the head of a public body any failure to m eet the prescribed standards for fulfilling the duty to assist applicants, and 29

Section 53 presently reads: 53 If the head of a public body asks, the C om m issioner m ay authorize the public body to disregard requests under

section 7 (1) that, because of their repetitious or system atic nature, would unreasonably interfere with the operations of the public body or am ount to an abuse of the right to access. 22 Explanatory Notes

operations of the public body or amount to an abuse of the right to make those requests, or (

b) one or more of the requests are frivolous or vexatious. 30

Section 59 (1) is repealed and the following is substituted: Delegation by the Commissioner 59

(1) The Commissioner may delegate to any person any duty, power or function of the Commissioner under this Act except the power to delegate. 31

Section 62(3.1) is am ended by striking out “section 38(aa)” and substituting “section 38(1)(aa)”. 32

Section 63(2) is repealed and the following is substituted:

(2) A request for a review of a decision of the head of a public body must be delivered to the Commissioner (

a) if the request is pursuant to

section 62(1), (3) or (3.1), within (i) 60 days after the person asking for the review is notified of the decision, or (ii) any longer period allowed by the Commissioner, or (

b) if the request is pursuant to

section 62(2), within 20 days after the person asking for the review is notified of the decision. 23

Section 59(1) presently reads: 5 9(1) The C om m issioner m ay delegate to any person any duty, power or function of the C om m issioner under this A ct, except (

a) the power to delegate under this section, (

b) the power to exam ine inform ation described in

section 19 or 21, and (

c) the duties, powers and functions specified in

section 5 1(1)(b), 5 3 or 68 . 31

Section 62(3.1) presently reads:

(3.1) A relative of a deceased individual m ay ask the C om m issioner to review a decision of a head of a public body under

section 38 (aa) not to disclose personal inform ation. 32

Section 63(2) presently reads:

(2) A request for a review under

section 62(1) or (3) of a decision of the head of a public body m ust be delivered within (a) 60 days after the person asking for the review is notified of the decision, or (

b) any longer period allowed by the C om m issioner. 23 Explanatory Notes

Section 64 is am ended by renum bering it as

section 64(1) and by adding the following after subsection (1):

(2) Despite subsection (1)(a), the Commissioner may sever any information in the request that the Commissioner considers appropriate before giving a copy of the request to the head of the public body or any other person affected by the request. 34

Section 66(1) is am ended by striking out “If" and substituting “Unless

section 66.1 applies, if’. 35 The following is added after

section 66: Refusal to conduct inquiry 66.1 The Commissioner may refuse to conduct an inquiry pursuant to

section 66 if in the opinion of the Commissioner the subject-matter of a request for a review under

section 62 has been dealt with in an order or investigation report of the Commissioner. 36

Section 70 is repealed and the following is substituted: Duty to comply with orders 70(1) Subject to subsection (2), not later than 35 days after being given a copy of an order of the Commissioner, the head of a public body concerned must comply with the order.

(2) The head of a public body shall not take any steps to comply with the order until the period for bringing a judicial review application under subsection (3) ends.

(3) An application for judicial review of a Commissioner’s order must be made not later than 30 days after the person making the application is given a copy of the order.

(4) If an application for judicial review is made pursuant to subsection (3), the order of the Commissioner is stayed until the application is dealt with by the Court. 24

33 Commissioner may sever information. 34

Section 66(1) presently reads: 66(1) If a m atter is not settled under

section 65 , the C om m issioner m ust conduct an inquiry and m ay decide all questions of fact and law arising in the course of the inquiry. 35 Refusal to conduct inquiry. 36

Section 70 presently reads: 7 0(1) Not later than 30 days after being given a copy of an order of the C om m issioner, the head of the public body concerned m ust com ply with the order unless an application for judicial review of the order is m ade before that period ends.

(2) If an application for judicial review is m ade before the end of the period referred to in subsection (1), the order of the C om m issioner is stayed until the application is dealt with by the C ourt. 24 Explanatory Notes

Section 71 is am ended (

a) in subsection (1)(a.2) and (a.3) by adding “, in the Commissioner’s opinion,” before “the Commissioner has a conflict”; (

b) by adding the following after subsection (1):

(1.1) An adjudicator must not review an order of the Commissioner made under this Act. 38

Section 73.1 is am ended (

a) in subsection (1) by adding “, in the Commissioner’s opinion,” before “the Commissioner has a conflict”; (

b) in subsection (2) by striking out “Commissioner” and substituting “head of a public body”. 25

Section 71(1) presently reads: 7 1(1) The Lieutenant G overnor in C ouncil m ay designate a judge of the C ourt of Q ueen’s Bench of A lberta to act as an adjudicator (

a) to investigate com plaints m ade against the C om m issioner as the head of the office of the Inform ation and Privacy C om m issioner with respect to any m atter referred to in

section 5 1(2), (a.1) if the person who is appointed as the C om m issioner is, at the sam e tim e, appointed as any other officer of the Legislature, to investigate com plaints respecting any m atter referred to in

section 5 1(2) m ade against that person when acting as the head of that office, (a.2) to investigate com plaints respecting any m atter referred to in

section 5 1(2) m ade against a head of a public body and the C om m issioner had been a m em ber, em ployee or head of that public body or the C om m issioner has a conflict with respect to that public body, (a.3) to review, if requested under

section 7 3.1, a decision, act or failure to act of a head of a public body and the C om m issioner had been a m em ber, em ployee or head of that public body or the C om m issioner has a conflict with respect to that public body, (

b) to review, if requested under

section 7 3, any decision, act or failure to act of the C om m issioner as the head of the office of the Inform ation and Privacy C omm issioner, and (

c) if the person who is appointed as the C om m issioner is, at the sam e tim e, appointed as any other officer of the Legislature, to review, if requested under

section 7 3, any decision, act or failure to act of that person when acting as the head of that office. 38

Section 73.1 presently reads: 7 3.1(1) This

section applies where the C om m issioner is asked under

section 62(1), (2), (3) or (3.1) to review a decision, act or failure to act of a head of a public body and the C om m issioner had been a m em ber, em ployee or head of that public body or the C om m issioner has a conflict with respect to that public body.

(2) A person who m akes a request to the C om m issioner for access to a record or for correction of personal inform ation m ay ask an adjudicator to review any decision, act or failure to act of the head of the public body that relates to the request. 25 Explanatory Notes

Section 74(2) is repealed and the following is substituted:

(2) A request for a review of a decision must be delivered (

a) if the request is pursuant to

section 62(1), (3) or (3.1), within (i) 60 days after the person asking for the review is notified of the decision, or (ii) any longer period allowed by the adjudicator, or (

b) if the request is pursuant to

section 62(2), within 20 days after the person asking for the review is notified of the decision. 40

Section 76 is am ended (

a) by adding the following after subsection (2):

(2.1) An adjudicator must give a copy of an order made by the adjudicator under this Act to the Commissioner. (

b) by adding the following after subsection (4):

(5) An order made by an adjudicator under this Act is final. 41 The following is added after

section 85: Protection of employee 85.1(1) A public body or person acting on behalf of a public body must not take any adverse employment action against an employee as a result of the employee properly disclosing information in accordance with this Act. 26

(3) A third party notified under

section 30 of a decision by the head of a public body to give access m ay ask an adjudicator to review that decision.

(4) A person who believes that the person’s own personal inform ation has been collected, used or disclosed in violation of

Part 2 m ay ask an adjudicator to review that m atter. 39

Section 74 presently reads: 7 4(1) To ask for a review under this D ivision, a written request m ust be delivered to the M inister.

(2) A request for a review of a decision m ust be delivered within (a) 60 days after the person asking for the review is notified of the decision, or (

b) any longer period allowed by the adjudicator. 40

Section 76 presently reads: 7 6(1) A n adjudicator has the powers and duties given to the C om m issioner by sections 65 and 66(1) and (2), and sections 66(3) to (6) and 67 apply to an inquiry conducted by an adjudicator.

(2) O n com pleting an inquiry, an adjudicator has the sam e duty to dispose of the issues, the sam e power to m ake orders and the sam e duty to notify others of those orders as the C om m issioner has under

section 68 (1), (2), (3)(

a) to (d), (4) and (5 ).

(3) A copy of an order m ade by an adjudicator under this

section m ay be filed with a clerk of the C ourt of Q ueen’s Bench and, after filing, the order is enforceable as a judgm ent or order of that C ourt.

(4) Section 7 0 applies to an order of an adjudicator. 41 Protection of employee. 26 Explanatory Notes

(2) A person who violates subsection (1) is guilty of an offence and liable to a fine of not more than $10 000. 42

Section 86(1) is am ended (

a) by adding the following after clause (a): (a.1) attempt to gain or gain access to personal information in violation of this Act, (

b) by adding the following after clause (c): (c.1) alter, falsify or conceal any record, or direct another person to do so, with the intent to evade a request for access to the record, 43

Section 87(4) is repealed and the following is substituted:

(4) The head of a public body may excuse the applicant from paying all or part of a fee if, in the opinion of the head, (

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

b) the record relates to a matter of public interest, including the environment or public health or safety.

(4.1) If an applicant has requested the head of a public body to excuse the applicant from paying all or part of a fee and the head of a public body has refused the applicant’s request, the head must notify the applicant that the applicant may ask for a review under

Part 4. 27

Section 86(1) presently reads: 8 6(1) A person m ust not wilfully (

a) collect, use or disclose personal inform ation in violation of

Part 2, (

b) m ake a false statem ent to, or m islead or attem pt to m islead, the C om m issioner or another person in the perform ance of the duties, powers or functions of the C om m issioner or other person under this A ct, (

c) obstruct the C om m issioner or another person in the perform ance of the duties, powers or functions of the C om m issioner or other person under this A ct, (

d) fail to com ply with an order m ade by the C om m issioner under

section 68 or by an adjudicator under

section 7 6(2), or (

e) destroy any records subject to this A ct with the intent to evade a request for access to the records. 43

Section 87(4) presently reads:

(4) The head of a public body, or the C om m issioner at the request of an applicant, m ay excuse the applicant from paying all or part of a fee if, in the opinion of the head or the C omm issioner, as the case m ay be, (

a) the applicant cannot afford the paym ent or for any other reason it is fair to excuse paym ent, or (

b) the record relates to a m atter of public interest, including the environm ent or public health or safety. 27 Explanatory Notes

Section 88 is am ended (

a) in subsection (1) (

i) by adding the following after clause (a): (a.1) respecting the establishment of criteria to be used for designating agencies, boards, commissions, corporations, offices or other bodies as public bodies; (ii) by adding the following after clause (h): (h.1) respecting technical standards and safeguards to be observed for the security and protection of personal information; (h.2) respecting standards to be observed and procedures to be followed by a public body implementing a program for data matching, data sharing or data linkage; (iii) in clause (

i) by striking out “sections 37(

b) and 38(c)” and substituting “sections 37(1)(

b) and 38(1)(c)”; (iv) in clause (k)(

i) by adding “of its elected officials or of its governing body or a committee of its governing body” after “meetings”; (

b) in subsection (2)(

a) by adding “or” at the end of subclause (i), striking out “or” at the end of subclause (ii) and repealing subclause (iii). 45

Section 89 is am ended (

a) by adding “and” at the end of clause (

a) and by repealing clause (b); (

b) in clause (

c) by adding “, which must not exceed the fees provided for in the regulations” after “section 87”. 28

Section 88(1)(

i) and (

k) and (2)(

a) presently read: 8 8

(1) The Lieutenant G overnor in C ouncil m ay m ake regulations (

i) respecting the m anner of giving consent for the purposes of sections 37 (

b) and 38 (c); (

k) authorizing, for the purposes of

section 22(1)(b), a local public body to hold m eetings of its elected officials, or of its governing body or a com m ittee of its governing body, to consider specified m atters in the absence of the public unless another A ct (

i) expressly authorizes the local public body to hold m eetings in the absence of the public, and (ii) specifies the m atters that m ay be discussed at those m eetings;

(2) The Lieutenant G overnor in C ouncil m ay delete a body designated under subsection (1)(

a) only if the C om m issioner is satisfied that (

a) the body (

i) has been discontinued or no longer exists, (ii) has been am algam ated with another body and use of the nam e under which it was designated has been discontinued, or (iii) has changed its nam e, 45

Section 89 presently reads: 8 9 A local public body, by by-law or other legal instrum ent by which the local public body acts, (

a) m ust designate a person or group of persons as the head of the local public body for the purposes of this A ct, (

b) m ay authorize any person to perform any duty or exercise any function under this A ct of the person or group of persons designated as the head of the local public body, and (

c) m ay set any fees the local public body requires to be paid under

section 8 7 . 28 Explanatory Notes

Section 9 1 is repealed and the following is substituted: Review of Act 9 1(1) The Minister must begin a comprehensive review of this Act within 3 years after the coming into force of this

section and must, within one year after beginning the review, prepare a report that includes any recommendations for amendments made by the Minister.

(2) The Minister must lay a copy of the report referred to in subsection (1) before the Legislative Assembly if it is sitting, and if it is not sitting, within 15 days after the commencement of the next sitting. 47

Section 9 2 is repealed. 48

Section 9 8 is am ended (

a) by repealing subsection (2) and substituting the following:

(2) Subject to subsection (2.1), sections l(1)(f)(ii) and (p)(vi), 4(1)(i), 22, 51(1)(a)(ii), 82(5) and (6) and 89 come into force on Proclamation, and the Proclamation of those provisions, or of any portion of them, may relate to all or any of the following local public bodies: (

a) an educational body; (

b) a local government body.

(2.1) Sections l(1)(f)(ii) and (p)(vi), 4(1)(i), 22, 5l(1)(a)(ii), 82(5) and (6) and 89 as they relate to

section 1(1)(g)(iii.1) come into force on the date this

section comes into force. 29

Section 91 presently reads: 91 A special com m ittee of the Legislative A ssem bly m ust begin a com prehensive review of this A ct within 3 years after

section 6 com es into force and m ust subm it to the Legislative A ssem bly, within one year after beginning the review, a report that includes any am endm ents recom m ended by the com m ittee. 47

Section 92 presently reads: 92(1) For the purposes of appointing the first Inform ation and Privacy C om m issioner, if the Legislative A ssem bly is not sitting, the Lieutenant G overnor in C ouncil on the recom m endation of the Standing C om m ittee on Legislative O ffices m ay appoint an Inform ation and Privacy C omm issioner, and unless the office sooner becom es vacant, the person so appointed holds office until the appointm ent is confirm ed by the Legislative A ssem bly.

(2) Notwithstanding

section 44, if the first Inform ation and Privacy C om m issioner is the E thics C om m issioner, the term of office of the Inform ation and Privacy C om m issioner expires when the appointm ent of the E thics C om m issioner expires or the office sooner becom es vacant. 48

Section 98 presently reads in part: (2) Sections 1(1)(f)(ii) and (p)(vi), 4(l)(i), 22, 5 1(1)(a)(ii), 8 2(5 ) and (6) and 8 9 com e into force on Proclam ation, and the Proclam ation of those provisions, or of any portion of them , m ay relate to all or any of the following local public bodies: (

a) an educational body; (

b) a health care body; (

c) a local governm ent body.

(4) If a Proclam ation under subsection (2) relates to health care bodies, the Proclam ation m ay be m ade applicable to all or any of the following health care bodies: (

a) an approved hospital as defined in the H ospitals A ct; (

b) a nursing hom e as defined in the Nursing H om es A ct; 29 Explanatory Notes

(

b) by repealing subsection (4); (

c) in subsection (5) by repealing clause (

j) and substituting the following: (

j) any (

i) commission, (ii) police service, or (iii) policing committee as defined in the Police A ct; (

k) any municipal library board, library system board, federation board or joint municipal library board continued or established under the Libraries A ct; (

l) any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in clauses (

a) to (

k) and all the members or officers of which are appointed or chosen by that body, but does not include EPCOR Utilities Inc. or Enmax Power Corporation. 30

(

c) a provincial health board established under the Regional Health Authorities Act; (

d) a regional health authority under the Regional Health Authorities Act; (

e) a community health council established under the Regional Health Authorities Act; (

j) a subsidiary health corporation as defined in the Regional Health Authorities Act.

(5) If a Proclamation under subsection (2) relates to local government bodies, the Proclamation may be made applicable to all or any of the following local government bodies: (

a) a municipality as defined in the Municipal Government Act; (

b) an improvement district under the Municipal Government Act; (

c) a special area as defined in the Special Areas Act; (

d) a regional services commission under

Part 15.1 of the Municipal Government Act; (

e) a board established under the Drainage Districts Act; (

j) a board established under the Irrigation Act; (

g) a management body established under the Alberta Housing Act, a housing authority continued under

section 37 of the Alberta Housing Act and a foundation continued as a management body under

section 38 of the Alberta Housing Act; (

h) a Metis settlement established under the Metis Settlements Act; (

i) the Metis Settlements General Council established under the Metis Settlements Act; (

j) any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in clauses (

a) to (

i) and all the members or officers of which are appointed or chosen by, or under the authority of, that body and includes, without restricting the generality of the foregoing, a Regional Police Commission, a policing committee or a Municipal Police Commission as established under the Police Act. 30 Explanatory Notes Title: 1999 (24th, 3rd) Bill 37, Freedom oflnformation and Protection of Privacy Amendment Act, 1999

Document details

Collection	Alberta — Bills
Citation	L24 S3 912
Type	bill
Volume / chapter	L24 S3 912
Language	en
Format	json
Source	PROVINCIAL
Identifier	ab0c5272415be8a46c8b53d0962465d885c86eec

Source file is stored in the law ingest library (json).