British Columbia Committee Hansard (Blues) — Tuesday, April 21, 2026 Afternoon, Issue No. 159 (43rd Parliament, 2nd Session) (20260421pm-CommitteeC-Blues)
20260421pm-CommitteeC-Blues
British Columbia — Debates (Hansard)
Second Session, 43rd Parliament
Official Report
of Debates
( Hansard )
Tuesday, April 21, 2026
Afternoon Sitting
Issue No. 159
The Honourable Raj Chouhan , Speaker
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
Contents
Orders of the Day
Second Reading of Bills
Bill 9 — Freedom of Information and Protection of Privacy Amendment Act, 2026 (continued)
Kristina Loewen
Hon Chan
Steve Morissette
Linda Hepner
Dallas Brodie
Heather Maahs
Dana Lajeunesse
Claire Rattée
Scott McInnis
Donegal Wilson
Brennan Day
Reporting of Bills
Bill 14 — Forests Statutes Amendment Act, 2026
Third Reading of Bills
Bill 14 — Forests Statutes Amendment Act, 2026
Second Reading of Bills
Bill 9 — Freedom of Information and Protection of Privacy Amendment Act, 2026 (continued)
Brennan Day
Larry Neufeld
Teresa Wat
Misty Van Popta
Ward Stamer
Proceedings in the Douglas Fir Room
Committee of the Whole
Bill 14 — Forests Statutes Amendment Act, 2026 (continued)
Ward Stamer
Hon. Ravi Parmar
Proceedings in the Birch Room
Committee of Supply
Estimates: Ministry of Emergency Management and Climate Readiness (continued)
Sheldon Clare
Hon. Kelly Greene
Estimates: Ministry of Environment and Parks
Hon. Laanas / Tamara Davidson
Sheldon Clare
Bruce Banman
Tuesday, April 21, 2026
The House met at 1:31 p.m.
[The Speaker in the chair.]
Orders of the Day
Hon. Mike Farnworth : In this chamber, I call second reading of Bill 9, the Freedom of Information and
Privacy Act.
In
Section A, the Douglas Fir Room, I call committee stage on Bill 14, Forests Statutes
Amendment Act.
In the Birch Room, I call Committee of Supply for the estimates of the Ministry of
Emergency Management and Climate Readiness and, when that’s finished, for the Ministry
of Environment and Parks.
[Lorne Doerkson in the chair.]
Second Reading of Bills
Bill 9 — Freedom of Information
and Protection of Privacy
Amendment Act, 2026
(continued)
Deputy Speaker : Members, we’ll be continuing our debate on Bill 9, Freedom of Information and Protection
of Privacy Amendment Act, 2026.
Kristina Loewen : Just before the break, I was saying that transparency is not a partisan issue; it’s
a democratic one. In fact, in displaying that it’s not partisan, I’m going to quote
one of my colleagues from the Green Party, the member for Saanich North and the Islands,
who said that the commissioner’s support for this bill, in part, is part of a steady
degradation of our democracy in this province. No other commissioner in Canada would
ever countenance some of the amendments that are proposed in this legislation.
A case in point. In recent weeks, we’ve already seen developments that raise questions
about the strength of oversight in our province. One example is the government’s move
to eliminate the Office of the Merit Commissioner, an independent office responsible
for ensuring that hiring across the provincial public service is based on merit and
fairness. The purpose of that office is simple and essential. It provides the public
with confidence that hiring decisions across government are conducted fairly and without
political influence.
Independent oversight bodies exist for a reason. They exist because governments should
not be left to police themselves. When those oversight structures are weakened or
removed, public interest is inevitably affected. And now, in this very same period,
we see legislation that would make freedom-of-information requests easier to dismiss
and potentially more expensive to obtain.
When multiple transparency mechanisms are weakened at the same time, it creates a
troubling picture, because each of these systems — oversight offices, freedom-of-information
laws and independent watchdogs — plays a role in ensuring accountability. Remove enough
of them or weaken enough of them, and accountability begins to erode.
We do not have to look far to see why transparency matters so deeply to communities
across British Columbia, including in my own region. In Kelowna and across the Okanagan,
residents regularly seek information about decisions that directly affect their communities.
[1:35 p.m.]
One area where this has become particularly important is development and land use
planning. As our region continues to grow rapidly, residents want to understand how
decisions are being made, what studies were conducted, what internal communications
took place and how proposals were evaluated. In many cases, those answers are only
available through freedom-of-information requests.
Residents use FOI to access internal reports, staff communications and background
documents related to development proposals. Those records help communities understand
the full context behind decisions that may reshape their neighbourhoods. Without freedom
of information, many of those records would remain inaccessible to the public, and
citizens would simply be asked to trust that decisions were made properly without
ever seeing the documentation behind them.
We’ve also seen many examples across the Okanagan where journalists and residents
rely on access to records to better understand how public institutions are operating.
Local media outlets such as Kelowna Now , Castanet, Black Press and other regional publications frequently rely on access
to public records when reporting on municipal spending, infrastructure planning and
government communications.
The records allow the public to see how decisions are made, and sometimes those records
raise difficult questions. It’s not a flaw in the system. It’s exactly how the system
is supposed to work.
Transparency can occasionally be uncomfortable for governments. Internal discussions
may become public. Policy debates may be revealed. Spending decisions may be scrutinized.
But that discomfort is not a weakness of democracy; it’s one of its safeguards.
When public institutions know their decisions may be examined by citizens, journalists
and opposition members, it encourages better decision-making. It encourages accountability.
And we should be asking ourselves: why is this government seeking less transparency
and accountability?
The erosion of transparency rarely happens overnight. It happens gradually — a new
fee here, a new administrative hurdle there, expanded powers to dismiss requests.
Each individual change may appear modest, but, over time, those barriers accumulate.
Each one discourages a few more people from filing requests. Each one limits access
to a few more records, and slowly the system shifts. What was once a culture of openness
can begin to drift towards a culture of secrecy.
This is why legislation like Bill 9 deserves careful scrutiny. Transparency does not
disappear all at once. It erodes piece by piece.
Bill 9 may appear to introduce only modest changes, but those changes matter because
they alter the balance between government power and public access to information.
In a democracy, that balance must always lean toward the public.
British Columbians deserve a government that welcomes scrutiny. A government that
recognizes that transparency strengthens institutions rather than weakening them.
A government that understands that when citizens ask questions about public decisions,
they’re not interfering with government operations; they’re participating in their
democracy. That’s why maintaining strong freedom-of-information laws remains so important.
Sunlight remains one of the most powerful tools we have for protecting accountability
in public life.
Another reason this debate matters so deeply is that British Columbians are asking
more questions than ever about how public money is spent. Across this province, families
are facing rising costs — housing, groceries, fuel, insurance and utilities. Communities
are watching budgets closely, and people want to know whether their tax dollars are
being used responsibly.
British Columbians are also asking a deeper question: what is behind the numbers presented
to them? When government announces the cost of a housing unit, does that number include
layers of taxes, development charges, regulatory costs and admin expenses built into
the project? When we’re told the price of a public program, do we know what assumptions
were used to calculate that number?
The public deserves more than a headline figure. They deserve the details behind the
data. Without those details, citizens cannot evaluate whether public funds are truly
being used effectively. Freedom of information allows the public to see background
documents, internal reports and financial assumptions that help answer those questions.
That transparency becomes particularly important when we look at some of the most
challenging policy areas facing this province.
We often hear compelling stories used to justify certain policy approaches. Many British
Columbians have heard the example of Million-Dollar Murray, a case often cited to
suggest that a person experiencing homelessness may cost the public nearly $1 million
over years through emergency services, policing and hospital visits but far less than
that $1 million once they’re placed in supportive housing.
[1:40 p.m.]
It’s a powerful story, but responsible public policy requires more than powerful stories.
It requires transparent data. How were those numbers calculated? What assumptions
were included? What services were counted? Equally important, what are the long-term
costs of operating supportive housing once it is built?
In Kelowna, residents have asked and raised questions about facilities such as Ellis
Place, where serious damage rendered parts of the building uninhabitable for extended
periods of time — actually, I believe, the whole building. When situations like that
occur, there are legitimate questions. What are the repair costs? What happens to
the operational budget? What happens to the residents who were living there? Is Million-Dollar
Murray still less expensive housed? I’m not suggesting we shouldn’t house people,
but what are the true costs? The public deserves to know.
Without access to internal records and financial documents, the public cannot fully
understand the real costs and challenges involved. Transparency allows those conversations
to be based on facts rather than assumptions. That’s exactly what we should expect
in a healthy democracy.
When governments spend public money, the public has the right to ask questions about
where that money goes, what programs it funds and whether those programs are achieving
results. Freedom of information is one of the ways citizens get those answers. That’s
why legislation that restricts access to information inevitably raises concerns about
accountability.
Transparency in spending is especially important at a time when the province is facing
record levels of debt and deficit. British Columbians are carrying historic levels
of public debt. Government spending has reached record levels, yet many British Columbians
are asking why outcomes in critical areas such as housing, health care access and
affordability are not improving at the same pace.
Those are legitimate questions. They are questions any responsible government should
be prepared to answer. Freedom of information plays an important role in helping the
public get those answers.
Journalists also play a crucial role in examining public spending. Investigative reporting
often relies on access to government records, expense reports, internal briefing notes,
contracts and procurement documents. Without access to those records, journalists
would be forced to rely solely on government press releases and public statements.
That’s not accountability. Accountability requires the ability to verify. It requires
access to the records that explain how decisions were made. That’s exactly….
Deputy Speaker : Member, I need to interrupt you just for a moment. I believe we have a member about
to seek leave.
Donegal Wilson : Yes, I’d like to seek leave to make an introduction.
Leave granted.
Introductions by Members
Donegal Wilson : My apologies to my colleague for interrupting her speech, but this is the first time
I have the privilege of welcoming a school from my riding here to the Legislature.
Please give a warm welcome to Similkameen Secondary School.
Right now we’re debating Bill 9, which is the Freedom of Information and Protection
of Privacy Amendment Act. Often not known here in this building is that there are
two other Houses sitting. That’s why some of the seats are a little vacant, because
we have other Houses sitting, dealing with other business of the Legislature.
I would appreciate an invitation from the school to come speak to students after their
tour, to answer questions.
Please join me in making them feel most welcome here from Keremeos.
Deputy Speaker : Indeed, welcome to everyone in the chamber today.
Debate Continued
Kristina Loewen : Another example comes from our health care system.
Across British Columbia, hospitals have faced incidents where rooms must be temporarily
closed due to fentanyl exposure or contamination. When that happens, the consequences
ripple throughout the system. Rooms will be closed. Patients may wait longer. Staff
face increased workload pressures. Those closures affect emergency department flow;
staffing pressures; and, ultimately, the experience of patients waiting for care.
But the public rarely sees the full data behind those impacts. How often are hospital
rooms closed due to these incidents? How many patients are delayed or diverted? What
does that cost the health care system, and how does it affect the already severe staffing
shortages in many hospitals across our province?
Freedom of information allows those questions to be answered with evidence. Without
transparency, those impacts remain largely invisible to the public, who ultimately
fund the system.
[1:45 p.m.]
The public does not ask questions because it distrusts democracy; it asks because
it believes democracy should work better. When citizens seek information about how
their government operates, that should not be seen as interference. It should be seen
as engagement and participation and democracy in action. That’s why access must remain
strong, accessible and protected. The more open our institutions are, the stronger
the trust between government and the people we serve.
As we consider Bill 9, it’s important to remember that British Columbia has already
experimented with restricting access to freedom of information. In 2021, the government
introduced a non-refundable $10 application fee for FOI requests. At the time, British
Columbians were told the change would streamline the system and reduce the administrative
burden on government. The promise was that the fee would discourage frivolous requests
and allow public bodies to focus on legitimate ones.
But what actually happened tells a different story. After the fee was introduced,
the number of FOI requests dropped significantly. Yet response times did not improve
in any meaningful ways. Shocking. In other words, the system did not become faster
or more efficient. Fewer people were simply asking questions.
That outcome should concern all of us. FOI laws are meant to encourage transparency,
not discourage citizens from participating in oversight. When barriers are introduced,
participation declines — not because the information is no longer important but because
the process becomes more difficult, more expensive and more discouraging.
In Kelowna and across the Okanagan, we see many examples that illustrate why access
to information matters.
One area where public records are particularly important is policing and public safety.
Residents regularly seek information about policing resources, operational priorities
and community safety initiatives. Questions about policing budgets, deployment strategies
and public safety programs often require access to records that are not readily available
through public reports. Journalists and community advocates rely on those records
to understand how policing decisions are made and how resources are allocated.
Another example involves environmental concerns in the Okanagan. Our region faces
increasing pressures related to wildfire risk, watershed protection and development
near environmentally sensitive areas. Residents frequently seek access to environmental
reports, internal communications and government studies related to wildfire mitigation,
water protection and land use planning. Those records help communities understand
how environmental risks are being assessed and what steps government is taking to
protect local ecosystems.
In a region like the Okanagan, where our landscapes and natural resources are central
to our identity and economy, transparency in environmental decision-making is essential.
Freedom of information also plays a role in helping residents understand infrastructure
and transportation planning. Kelowna is one of the fastest-growing cities in B.C.
With that growth comes major decisions about roads, transit systems, housing development
and long-term planning. Residents often want to see studies, planning reports and
internal communications behind those decisions.
Access to those records allows communities to participate more meaningfully in discussions
about the future of their cities. When citizens have access, they can engage constructively
in the planning process, but when the information becomes harder to obtain, the conversations
become more difficult.
The lesson from the 2021 freedom-of-information fee is clear. When barriers are introduced,
fewer requests are filed.
Bill 9 is repeating that mistake by expanding the grounds on which requests can be
dismissed and introducing new fees related to records. The legislation creates additional
barriers to access. Each barrier may appear small on its own, but together they send
a signal that accessing information is becoming more difficult.
I’m just going to skip a little bit here, because I see I’m running low on time.
Transparency also matters deeply to families navigating government programs, particularly
when those programs involve vulnerable children. Across B.C., many parents of children
with autism have raised serious concerns about recent changes to autism funding program
and service models. For these families, the issue is not abstract. It’s their children’s
therapy, their development and their future.
Parents want to understand how decisions were made, what projections were used and
whether service capacity will actually meet the needs of children across the province.
Those questions are difficult to answer without access to internal planning documents
and data.
In fact, just in March, a parent of a child with autism filed two formal freedom-of-information
requests seeking records related to three-year municipal utilization data and clinical
staffing forecasts. That parent was not acting out of political motivation. She was
acting out of concern for her child and thousands of other children who rely on these
services. Families facing these challenges deserve clarity, and transparency is often
the only way they can obtain it.
[1:50 p.m.]
When citizens file these requests, they’re not interfering with government operations.
They’re exercising their democratic rights. They’re participating in the oversight
of public institutions. That participation should be encouraged, because when citizens
feel that government is open and transparent, public trust grows. But when access
becomes more difficult, the opposite happens.
At the end of the day, this debate around Bill 9 comes down to a simple question:
do we believe that government should be open to scrutiny, or do we believe that access
to information should be more restricted?
Transparency is not a burden placed on government. It is the foundation of public
trust. When citizens can see how a decision is made, when records are accessible and
questions are answered, confidence in public institutions grows. When information
is hidden or difficult to obtain, that confidence begins to erode.
I might be done. I see my time evaporating.
Deputy Speaker : Thank you, Member.
Members, just a reminder. I know we’ll have a wide array of examples here this afternoon.
I would like to know more about Bill 9 this afternoon, and I hope that we all understand
it better at the end of the day. So please tie your examples to Bill 9.
Hon Chan : I rise today to speak to Bill 9, the Freedom of Information and Protection of Privacy
Amendment Act, 2026.
Freedom-of-information laws exist for one fundamental reason, to ensure that the government
remains accountable to the people it serves. They are not a privilege granted by the
government. They are a right held by the public.
When British Columbians seek information about the actions of their government, they’re
not asking for a favour. They are exercising their democratic right to understand
how decisions are made, how public money is spent and how policies affect their lives.
That is why FOI legislation must always lean towards transparency. It must be on the
side of openness, not secrecy. Unfortunately, this legislation before the House moves
us in the opposite direction.
The government has presented this bill as an effort to improve the efficiency in the
FOI system. They say the system is overloaded, that requests take too long and that
administrative improvements are necessary.
On that point, I agree. This system should be faster. It should be more efficient.
It should work better for British Columbians. These are elements in this bill that
aim to modernize process and streamline administration. On those aspects, I am prepared
to offer support.
But buried in this legislation are several changes that fundamentally weaken access
to information in the province. Instead of strengthening transparency, this bill risks
restricting it. Instead of improving access to information, it risks making that access
more difficult, more expensive and easier for government to avoid.
This is very similar to the approach taken by the NDP government with the GLP program
change. There was a huge backlog for the second road test. Instead of addressing the
problem, they simply cancelled it.
One of the most concerning aspects of this legislation appears in clause 13, which
expands the categories under which the government can apply to the Information and
Privacy Commissioner to disregard an FOI request. Currently there are already mechanisms
to deal with these requests, and that protection already exists in the law, but this
bill goes much further. The government proposes to add new categories such as malicious,
abusive, repetitious, excessively broad or requests that could reasonably interfere
with the operations of government.
At first glance, those terms may sound reasonable. But when we look closer, a serious
problem emerges. None of these terms are defined. There is no clear definition of
what constitutes a malicious request. There is no definition of what counts as abusive.
There is no objective standard for what might be considered excessively broad, and
there is certainly no definition of what it means to unreasonably interfere with the
operations of the government.
An FOI request that is truly meaningful is often one that asks difficult questions.
It may request documents that expose mistakes, mismanagement or even wrongdoing within
the government.
[1:55 p.m.]
Those are precisely the kinds of requests that can create pressure and maybe interfere
with government operations. The reality is this. The most important FOI requests are
often the ones that make government uncomfortable.
Recently, I know, one of the members in the opposition actually made an FOI request
on the xʷməθkʷəy̓əm deal, on the xʷməθkʷəy̓əm ceremony, and that exposes the government’s flip-flopping. That makes the government
uncomfortable. That’s also the beauty of FOI requests.
When a journalist, a researcher or even an opposition MLA files an FOI that could
expose mismanagement or wrongdoing, of course it may interfere with the government’s
operations. It may even force the government to answer difficult questions. It may
expose problems the government would rather keep hidden. But that is exactly how accountability
works in a democracy world.
If the standard becomes that a request can be ignored because it interferes with the
operation of government, then almost any serious investigation could fall under that
category. A request that uncovers a scandal could be labelled disruptive. A request
that demands thousands of pages of records could be called excessively broad. A request
that repetitively asks about the same issue could be labelled repetitive. Suddenly
this government has a pathway to simply avoid answering, and that is a very dangerous
precedent.
cannot solve the problem, you remove the person who points out the problem.” In other
words, instead of fixing the issue, you silence the person asking the questions.
That is the danger we see here in this legislation. This is exactly how authoritarian
and dictatorship systems operate. When scrutiny becomes inconvenient, they do not
fix the problem. They block the investigation. And here in this bill, the NDP government
is doing exactly that.
Democratic governments should do the opposite. When citizens ask questions, government
should answer them, and FOI laws exist to protect that principle.
Very disappointingly and frustratingly, instead of strengthening transparency, this
bill risks creating tools that allow the government to avoid scrutiny. When journalists,
researchers or even opposition members dig deeper into government actions, the response
should be to provide answers, not to make that request harder, not to label that request
as abusive, not to claim that it interferes with government operations.
Governments do not exist for their own convenience. They exist to serve the public.
Part of that responsibility is to answer difficult questions, even when those questions
expose uncomfortable truths. If this legislation allows the government to avoid releasing
information simply because that information might create political consequence, then
transparency becomes conditional and democracy becomes weaker.
FOI should empower citizens to uncover the truth about their government. It should
not give the government new ways to hide it. Without clear
definitions, these categories
become open to
interpretation. That
interpretation will be made by the very government
that is being asked to disclose the information. That is a very serious concern.
Imagine a journalist submitting an FOI request about communications within the Premier’s
office. Could the government claim that fulfilling that request would interfere with
the Premier’s office operations?
Imagine a researcher requesting documents of a policy decision. Could that request
be labelled excessively broad?
be described as repetitive because similar questions have been asked before?
When these
definitions are vague, the door opens for abuse.
Now, the government may say: “These requests must still go before the Information
and Privacy Commissioner.” That is true. But the very fact that government can apply
under such broad and undefined categories creates an additional barrier to access.
FOI requests have uncovered government decisions that otherwise have remained hidden.
They have revealed problems in public policy, exposed its mismanagement and brought
important facts to light. They have helped journalists report accurately. They have
helped researchers understand government programs. They have helped citizens hold
their government accountable. That is precisely why these rights must be protected.
Yet Bill 9 expands the tools available for the government to avoid responding.
[2:00 p.m.]
Unfortunately, this is not happening in a vacuum. British Columbia has already been
criticized as one of the most secretive governments in Canada when it comes to access
to information. Reports have reportedly pointed out delays, redaction and barriers
within the system. Instead of fixing those problems, this bill makes them worse.
Another troubling element appears in clause 21, which allows public bodies to charge
fees for records that are currently accessible without filing a formal FOI request.
This may sound like a small charge, but the principle behind it is significant.
Under the current system, certain information is made proactively available to the
public. These are records that governments have already determined should be accessible
without requiring a formal request. They’re meant to be easily obtained. They’re meant
to promote openness. They’re meant to reduce the need for FOI applications.
This bill introduces the ability to charge fees for those records. That fundamentally
undermines the concept of proactive disclosure. Proactive disclosure should mean exactly
what? Information that is proactively available to the public, accessible, open and
free.
If citizens must start paying for access to information that is already considered
public, then disclosure is no longer proactive. It becomes transactional, and that
raises a serious question. Is this about transparency, or is this creating another
barrier between the public and the government?
We must remember that this is actually not the first time that this government has
introduced fees into the FOI system. A few years ago this government introduced a
$10 application fee for filing FOI requests. At that time, many observers already
warned that even small fees could discourage citizens from seeking information.
Transparency should not be dependent on whether someone is willing or able to pay.
FOI should not come with a cover charge. And now we see another step in the same direction
under this NDP government.
If the government truly wishes to improve the FOI system, then the first issue that
should be addressed is the backlog. British Columbians are waiting for too long to
receive response to their requests. According to the recent data, in the ’22-23 period,
applicants had to wait for an average of 192 additional business days beyond the initial
timeline to receive a response. Let that number sink in — 192 business days. That’s
nearly a full year on top of the initial timeline.
Information delayed is often information denied. Imagine — when a journalist must
wait nearly a year for documents, the story may no longer be relevant. When researchers
must wait months for records, their work is delayed. When citizens must wait indefinitely
for answers, trust in government erodes.
If the goal of this bill is truly efficiency, we should expect to see measures aimed
directly at reducing those delays. We would expect to see investment in FOI processing.
We would expect to see stronger timelines. We should expect to see accountability
for missed deadlines. Instead, we see broader powers to disregard requests and new
opportunities to charge fees.
I support using technology to improve access. I support streamlining administrative
process when it benefits the public. But efficiency must never come at the expense
of accountability, and transparency must never be sacrificed in the name of convenience.
The right to access to information belongs to the people of British Columbia. It does
not belong to the government. Government records are created using public resources
in the course of serving the public. Those records ultimately belong to the public.
The foundation of democratic government is trust. Citizens must trust that their government
is acting in their best interests. When government begins to restrict access to information,
that trust begins to erode. Bill 9 expands the ability of government to avoid requests
and introduce new barriers to public access. Unfortunately, part of this bill moves
us away from that principle.
British Columbians deserve a government that strengthens access to information, not
one that slowly takes the free out of freedom of information.
Steve Morissette : I rise today to speak in strong support of Bill 9, the proposed amendments to British
Columbia’s Freedom of Information and Protection of Privacy Act, commonly known as
FOIPPA.
[2:05 p.m.]
These amendments represent thoughtful, balanced and necessary updates to legislation
that sits at the very heart of two core democratic values: the public’s right of access
to information and the protection of personal privacy. Both of these principles matter
deeply, and this legislation strengthens both.
FOIPPA was created in a different era, before digital services were central to how
people interact with government. Today British Columbians expect services to be seamless,
secure and accessible online. They expect the government to work together, not in
silos.
The amendments before us do two important things. They improve the experience of people
using the freedom-of-information system, and they enable the next stage of connected
digital government services. These are not competing goals. They are complementary.
We can and must protect privacy while delivering better service.
in terms of ministries and program areas. They think in terms of needs. They need
to renew a licence. They need to access benefits. They need to update their address.
They need to support their family or business. Yet too often they are required to
provide the same information repeatedly, across multiple programs.
These amendments support the creation of Connected Services B.C., a single government
gateway that will allow people and businesses to apply for services and update their
information across programs in a streamlined way.
Importantly, this is not about building a massive, centralized database. It is not
about consolidating everyone’s personal information into one giant repository. It
is about allowing information, with a person’s knowledge and permission, to flow securely
between public bodies so services can be delivered more efficiently.
Public bodies will continue to hold and safeguard information within their own systems,
but, where appropriate, they will be able to securely share information in a way that
reflects how people actually interact with government, not by department but by need.
Privacy protections remain robust.
FOIPPA already contains strong safeguards for collection, use and disclosure of personal
information. These amendments go further by allowing the minister to establish clear
data standards and privacy and security requirements specific to Connected Services.
Additionally, the Office of the Information and Privacy Commissioner will be notified
when a Connected Services provider is established and retains the discretion to review
the associated privacy impact assessments. This is modernization with accountability.
We also know that the volume and complexity of FOI requests have grown significantly.
Across ministries, school districts, municipalities and health authorities, public
bodies are experiencing real administrative pressure. We have a responsibility to
ensure that access to information remains timely and equitable for all applicants.
These amendments improve process efficiency without diminishing access rights. For
example, they minimize duplicate disclosure processes, so time is not wasted processing
records that are already being released through other mechanisms, such as legal discovery.
They enable proactive disclosure of personal information back to individuals seeking
their own records.
Currently approximately 60 percent of FOI requests are for personal information. By
allowing public bodies to proactively provide personal records directly to individuals,
particularly former children in care, we can improve access while relieving pressure
on the FOI system. That is not restricting access; that is improving it.
[2:10 p.m.]
Another key improvement is strengthening provisions around request clarity. The current
act requires applicants to provide enough detail to allow records to be identified
with reasonable effort. However, there is no clear, structured process for clarifying
unclear requests. The amendments create a formal mechanism for seeking clarification.
Let me be clear. This does not force applicants to narrow their requests. It simply
creates a transparent process to ensure that when clarification is needed, it is requested
formally and responded to promptly.
It serves no one if a public body is unsure what records are being sought while a
statutory clock continues to run. These changes provide accurate timelines and encourage
engagement, ensuring applicants receive the information they are actually looking
for. Stopping the 30-day clock during clarification is not about delay. It is about
fairness and accuracy. Clearer requests mean better responses.
There has also been discussion about amendments that would allow public bodies in
extremely rare circumstances to apply to disregard a request that is abusive or malicious.
Let us be precise. There is already a process under which a public body can apply
to the Office of the Information and Privacy Commissioner to disregard a request.
These amendments simply clarify and expand the circumstances in which that application
can be made. The oversight remains entirely with the commissioner. A public body cannot
unilaterally disregard a request. It must apply to the OIPC, and the commissioner
decides.
Abusive or malicious behaviour refers to patterns of conduct intended to harass, intimidate,
threaten or overwhelm. Examples include issuing death threats to public servants or
mailing suspicious substances with requests. These situations are extremely rare,
but when they occur, they are highly disruptive and divert resources away from processing
legitimate requests. Protecting public servants from harassment while maintaining
access rights is not controversial. It is responsible governance.
I want to address consultation. The ministry has consulted extensively with the Office
of the Information and Privacy Commissioner on all these proposed amendments. The
commissioner has been engaged throughout the process. We value the OIPC’s role in
protecting privacy and ensuring access to information. That oversight remains strong.
Governments must balance two responsibilities: protecting access rights; and ensuring
the system functions effectively so that all requests, regardless of size, can be
processed within reasonable timelines. This legislation supports that balance.
There has been a discussion about the $10 FOI application fee. This legislation does
not change the fee structure. Individuals requesting their own personal information
pay no fee. Indigenous governing entities are not required to pay the application
fee. The application fee has contributed to more targeted requests rather than broad,
cross-government fishing expeditions.
At the same time, we are expanding proactive disclosure, making commonly requested
materials available without the need for an FOI request at all. That is how we increase
[2:15 p.m.]
These amendments also introduce the ability to proactively disclose personal information
back to individuals. This is an important evolution. Instead of requiring someone
to file a formal FOI request for their own records, public bodies will be able to
provide that information directly. This improves access and reduces administrative
burden. It is a win for applicants and a win for the system.
British Columbia is moving toward more connected digital services. We are enabling
people to access government through secure digital identity tools, like the B.C. Services
Card. To support that modernization, our legislative framework must evolve. But modernization
does not mean weakening privacy. It means embedding privacy into service design. It
means building systems that are secure, accountable and transparent. It means ensuring
that as government becomes more digitally connected, it remains grounded in democratic
values.
These amendments do exactly that. They improve the efficiency and transparency of
the FOI process. They protect public servants from rare but disruptive abuse. They
enable proactive disclosure of personal records. They modernize information-sharing
frameworks to support connected services. They maintain strong oversight by the Office
of the Information and Privacy Commissioner. They reinforce privacy protections while
improving service delivery.
This is balanced legislation. It responds to recommendations from the FOIPPA special
committee and operational realities across public bodies. It reflects extensive consultation,
and it prepares British Columbia for the next generation of digital government responsibly
and thoughtfully.
Access to information and protection of privacy are not competing principles. They
are complementary pillars of public trust. These amendments strengthen both.
I am proud to support this legislation, and I encourage all members of this House
to do the same.
Linda Hepner : I rise today with the clarity of purpose that comes from more than three decades
in public life — first as a bureaucrat, helping to build companies that deliver results
for the citizens of Surrey; then as councillor; and then as mayor, where I balanced
budgets, created jobs and fought for housing that, at that time, you could actually
afford; and now as the member for Surrey–Serpentine River.
I speak not as a partisan but as a leader who knows that sunlight is the best disinfectant
for any organization, government or private, and as a mother and a grandmother who
believes British Columbians deserve leaders who trust them with the truth and the
openness of transparent decision-making and access to data used in public to make
those decisions.
Today I speak against Bill 9, the Freedom of Information and Protection of Privacy
Amendment Act, 2026, the bill the NDP quietly placed on the floor of this House February
This is not a technical housekeeping measure; this is a deliberate step backward for
transparency in British Columbia. As Housing critic, I can tell you with absolute
certainty that if this bill passes, the housing crisis we are all fighting will become
even harder to solve because the public will be kept further in the dark.
Let me be crystal clear from the outset. Freedom of information is not a luxury; it
is the cornerstone of accountable government. Our FOIPPA, passed in 1996, was designed
to put power back into the hands of the people. It has allowed journalists to expose
wasteful spending, opposition members like me to hold ministers to account and everyday
families to discover background issues that have directly affected them or their businesses.
[2:20 p.m.]
In my time as mayor, we used FOI requests to benchmark against other cities, to cut
red tape and to deliver more accountable results. FOI requests are how we learn the
truth when the government’s press releases paint a different picture.
What does Bill 9 do? Instead of investing in reassigning more staff to clear the backlog,
it gets reactionary and gives public bodies new tools to say no, to delay and to bury
information. That flies absolutely in the face of the act’s very title, freedom of
information.
Let’s walk through the provisions, because British Columbians deserve to know exactly
what is being taken from them.
First, the government wants to expand the power to disregard requests it labels “abusive”
or “malicious.” Those words sound reasonable until you realize they are subjective.
Who decides? The same ministries that are already slow-walking requests? A persistent
journalist asking the same question six times because the first five answers were
incomplete — abusive. A constituent in Surrey–Serpentine River filing multiple requests
about why the new provincial transit-oriented development promise still hasn’t broken
ground — malicious. The Privacy Commissioner gets more authority to rubber-stamp refusals.
That is not efficiency; that is a shield for incompetence.
Secondly, they are watering down the duty to respond “without delay” to “without unreasonable
delay.” That tiny word change is everything. It is the legislative equivalent of a
government employee shrugging and saying: “We’ll get to it when we get to it.” We
already see average response times anywhere from 43 to over 100 days and climbing.
This change does not fix the problem. It codifies it. That is troubling.
Third, new hurdles on the specificity of requests. Applicants will be forced to clarify
and narrow their asks even more, giving bureaucrats fresh grounds to reject or endlessly
loop back. I know what a clear request looks like. As Housing critic, I know what
a desperate family in my riding looks like when they ask: “Why can’t I get help for
a rat-infested B.C. Housing unit?” They do not need a law degree to phrase it perfectly.
This bill tells them: “Try harder or go away.”
Let’s talk about the so-called proactive release of personal information. Yes, 60
percent of requests are for one’s own records. Streamlining that is fine on paper.
But when the government bundles it with centralized Connected Services B.C., a single
gateway that will hoover up your data across ministries and hand the minister power
to dictate data standards, we should all pause. Centralization sounds modern until
you remember the privacy breaches that we have seen from many corporations and around
the province generally, in a few places.
Notice how the government is far more enthusiastic about sharing your personal data
than it is about sharing its own decision-making records.
Colleagues, I have reviewed the briefings. I have read the government’s press releases
touting consultation with the Information and Privacy Commissioner. Yes, the commissioner
has issued a polite statement saying this is one step forward, but polite does not
equal endorsement of the big picture.
The B.C. Freedom of Information and Privacy Association has it right. This bill ignores
2022 special committee recommendations that called for strengthening access, not diluting
it.
[2:25 p.m.]
Vaughn Palmer laid it out plainly in the Vancouver Sun . “The NDP are quietly moving to give public servants more power to refuse information
and keep the public in the dark.”
Now let me bring this home to the issue I am tasked with every single day, housing.
In Surrey–Serpentine River, we are at ground zero for B.C.’s housing crisis. Young
families priced out. Seniors forced to downsize or leave the community they built.
Small businesses not able to attract workers — nowhere for them to live. And I have
constituents who have waited a very long time for why provincial funding for units
is not happening.
FOI responses reveal the internal memos showing that ministers knew of supply shortages
two years before they were admitted publicly. Bill 9 will make those revelations harder.
Deputy Speaker : Member, apologies. I need to interrupt you just for a moment and recognize our Minister
of Indigenous Relations and Reconciliation.
Hon. Spencer Chandra Herbert : Thank you very kindly, and I thank my colleague. I’m seeking leave to make an introduction.
Leave granted.
Introductions by Members
Hon. Spencer Chandra Herbert : It gives me great pleasure, on behalf of the Minister for Energy and Climate Solutions….
He’s the MLA for Vancouver-Renfrew, formerly Vancouver-Kingsway, a man whose last
name rhymes with Ricks, but I can’t say his name. You will know him as your MLA.
I want to welcome St. Mary’s School. They’re with teacher Mirna Lewis. There are 23
grade 5s and 8s in one of the groups and 25 grade 5s and 6s, is my understanding,
here from St. Mary’s.
Welcome to your Legislature, the people’s House, on behalf of your MLA.
Deputy Speaker : To expand just a little bit on that, we do refer to our members by their riding, so
that is why you don’t hear names here.
Welcome, students. We’re glad to have you.
Debate Continued
Linda Hepner : Welcome to the students.
Bill 9 will make revelations harder. When I file my next request asking for the actual
timelines on short-term-rental registry and the financial chaos the re-registration
system has caused, the ministry will have new tools to say that the request may be
too broad; repetitive; or, conveniently, abusive. When journalists dig into the Agricultural
Land Commission on decisions on farmland, they will face higher barriers. When opposition
members try to expose the gap between the photo ops with the Premier and the reality
on the ground, the government will now have legislative cover to stall.
This is not abstract. Last year alone, FOI requests exposed $1.2 billion in cost overruns
on provincial projects across B.C. Another set of requests revealed that only 11 percent
of the urgent modular housing units promised in 2023 were actually occupied by the
end of 2025. Families are living in their cars while the government hides the numbers.
Bill 9 does not solve a housing crisis. It protects, however, the people who have
failed to solve it.
From a business perspective, the results-driven lens I bring to the House as an experienced
leader, transparency is never a cost. It is, in fact, the cheapest form of risk management.
When investors look at British Columbia, they want to know the rules are clear, the
approvals are predictable and the data is reliable. Weakening FOI sends the opposite
signal. This is a government that fears scrutiny. It is why capital is flowing to
provinces with stronger access laws. Strong FOI is good economic policy.
I have heard government members say: “But we’re overwhelmed.” When workloads grow,
we train more people and streamline processes. We do not rewrite the rules to hide
the books. That’s just plain dangerous.
[2:30 p.m.]
The NDP have had nine years. They increased the civil service by thousands while piling
up record deficits and wasteful spending. They had a special committee review. Their
solution is still to weaken the law rather than fix the administration or control
the runaway budget. That is not leadership; that is avoidance.
Let me speak directly to the families watching in Surrey–Serpentine River. The young
couple saving for their first home. The single mom fighting for $10-a-day daycare
spots near new rentals. The retiree in Surrey or in Serpentine who wants to know why
pharmaceuticals are not covered for seniors, or why their pharmaceutical is not covered.
Your right to know is under attack. This bill is not about protecting your privacy.
It is about protecting the government from you.
To my colleagues across the aisle, I ask you: please search your conscience. Many
of you entered politics to make a difference. You ran on open government. Some of
you have used FOI yourselves in opposition. Do you really want to hand your successors,
even within your own party, a weaker tool for accountability? Governments change.
Today you are in power. Tomorrow you may be the ones filing those requests. History
will judge whether or not you chose convenience over principle.
I also want to address the younger members in this House — and, certainly, we have
to information. This bill is a step in the wrong direction for your generation. You
deserve better than a government that says, “Trust us,” while building new barriers
to the truth.
The amendments in Bill 9 fail every test of good governance. They fail the transparency
test, they fail the accountability test, and they fail the test of respecting the
people who pay the bills and to whom this information rightly belongs. That is why
I will certainly be voting against this bill, and that is why I’m calling on every
member who believes in open government to join me.
Have a real discussion. Talk to the B.C. Freedom of Information and Privacy Association.
Talk with journalists. Talk with housing advocates. Talk with municipal leaders who
are also struggling with provincial secrecy.
Strengthen FOIPPA. Don’t weaken it. Add real timelines with teeth. Enshrine a duty
to document and preserve. Make proactive disclosure the default for non-personal information,
not just a footnote.
British Columbians did not elect us to manage decline. They elected us to solve problems.
You cannot solve a problem you cannot see, and with Bill 9, the NDP are dimming the
lights.
In closing, I want to quote the late, great B.C. journalist Rafe Mair, who reminded
us that “democracy is not a spectator sport.” It requires informed citizens. FOI is
how we stay informed. Let us not turn this into a contact sport where only the government
holds the ball.
To the people of Surrey–Serpentine River: I will continue to fight for every scrap
of information you need to hold this government to account. Your voice will not be
silenced by legislative sleight of hand.
To my colleagues, let us choose light over shadow. Let us defeat Bill 9 and send a
message that in British Columbia, the people’s right to know remains non-negotiable.
Dallas Brodie : I want to commend the MLA from Surrey–Serpentine River for one of the most amazing
speeches I’ve ever heard on freedom of information.
[2:35 p.m.]
I rise today to speak also against Bill 9, the Freedom of Information and Protection
of Privacy Amendment Act. This bill is everything one might expect from this, the
most secretive and sneaky government in B.C.’s history, and worse. This is the government
that ran on a promise of openness, and we see constantly, over and over again, closedness,
secrets, faits accomplis, done deals.
This government, if we could even call it that at this point, must have forgotten
that it is supposed to work for the people and be accountable to the people, because
there is no other explanation for why a government would go to such lengths to shield
its conduct from scrutiny. There is no clearer admission of guilt than a government
that wishes to hide its work.
I, for one, would stand to have all my work open to every person in this province
at any moment, at any time, no secrets.
This does not come as a surprise. The record of this government speaks for itself
— record deficits, irresponsible spending, attacks on private property rights, secret
agreements with Indian bands, a health care system in total collapse, rising crime,
a failing justice system, an affordability crisis that is crushing families across
this province. The list goes on and on. This is nine years of this we’ve had to endure.
Now this government is trying to cover its tracks.
This bill does two distinct and troubling things.
The first troubling thing about Bill 9 is that it makes it harder to access information
about what this government is doing. The current obligation to respond to freedom-of-information
requests without delay is replaced with the words “without unreasonable delay” — standard
weasel words to allow anybody to wiggle out of any difficult question. This is a standard
that this government will define for itself, at its own discretion, and it is this
government that makes the determination.
Beyond that, if a request is deemed too broad, too repetitive or merely disruptive
to government operations, it could be disregarded entirely. Anyone who has made a
freedom-of-information request has had to learn the fine art of making that request.
If you don’t ask something specifically, repeatedly, in every possible use of the
ridiculous and unresponsive to the claim. That is why the requests have become so
annoying and sometimes long and repetitive.
A new exemption shields communications between judicial officers and government bodies
from disclosure altogether, removing from public scrutiny precisely the kind of back
channel policy conversations that British Columbians have every right to know about.
Our judiciary is already cloaked in such secrecy. We have no idea what goes on in
their minds at any given time. We don’t elect them. We don’t even really know how
they’re appointed. Now they want all their discussions shielded from public view.
Why?
This is not administrative modernization. This is a government methodically closing
the doors through which it can be held accountable.
The second troubling thing about Bill 9 is that it dramatically expands this government’s
control over the personal information of British Columbians. The member who just spoke
before me described this very, very well. It is a hoovering up of information about
each and every one of us, all of us, all into one person’s control.
Imagine that. You don’t like someone? I think I’m going to look into everything about
this person.
This bill creates what it calls a connected services provider, a government-designated
body with sweeping authority to collect, share and circulate personal information
across public bodies, all directed by ministerial instruction alone, with no requirement
for legislative approval. The minister decides what data is shared, with whom, in
what format and under what circumstances.
What this means in practice is that the personal information of British Columbians
— health records, financial information, social service data — becomes available to
be pooled, redirected and redistributed across government bodies at ministerial discretion,
far beyond the purpose for which it was originally collected. There are no legislative
guardrails on the scope of that sharing and no meaningful, independent check.
[2:40 p.m.]
So on one hand, this government wants less scrutiny of itself, but, on the other,
it wants more access to information about the people it governs. That asymmetry should
concern every member of this House and every citizen of this province.
Many people fall into the trap of believing that if you’re not doing anything wrong,
or if you have nothing to hide, then what’s the problem of having your information
available? Think about that. Do you want all the information about your family available
to a minister? Do you want that information available? It’s not that you’re doing
anything wrong. It’s just that now it’s available.
This government’s intentions are clear: less transparency, more government control
and fewer avenues for the people of this province to hold this government to account.
I will not be supporting this bill, and I encourage all other members of this Legislature
to read this very, very carefully. In the end, please vote against Bill 9.
Heather Maahs : Let’s stop dressing this bill up in the language of modernization. Let’s stop pretending
this is a technical cleanup, an administrative tune-up or a harmless rewrite of procedure.
It’s not. Bill 9 is a political decision to give government more control over what
the public can learn, when the public can learn it and whether the public can learn
it at all.
The official explanation notes alone tell the story. They say the bill changes the
duty to respond “without delay” to a duty to respond “without unreasonable delay,”
lets the head of a public body decide whether a request contains enough detail, excludes
certain records tied to court proceedings, creates a new refusal power for communications
by or for judicial officers on policy or legislation, expands the grounds for disregarding
requests and permits longer review times.
This is not a package of reforms aimed at openness; it is a package of reforms aimed
at discretion, delay and denial. Freedom of information exists for one reason, because
the public has a right to know what the government is doing in its name and with its
money. It exists because the public records are not the private property of ministers,
deputy ministers, chiefs of staff, political operatives or communications directors.
It exists because democratic accountability is impossible when the government controls
the flow of information about itself.
That principle was baked into British Columbia’s original FOI law. Rob Botterell,
who was a part of that, my colleague from the Greens.…
Deputy Speaker : Member, we do not use names of any of our members here, please.
Heather Maahs : Oops, I’m not supposed to say names; I’ve got it.
Anyway, my colleague, who says he led the team that developed B.C.’s FOI legislation
for the Harcourt government, wrote that the act was passed unanimously in 1992 and
was once hailed as the best in North America. He also warns that the system has been
chipped away, piece by piece, and that Bill 9 risks turning freedom of information
into freedom from information.
That phrase matters: “freedom from information.” It captures exactly what this bill
does, not in one dramatic stroke, not with one flashy clause that every British Columbian
will notice overnight — a word changed here, a threshold moved there, a little more
power handed to the institution being scrutinized, a little less power left to the
person asking the question, a little more patience demanded of the citizen, a little
more latitude granted to the state.
Each of these changes can be defended by a minister. Each can be described as practical.
Each can be called balanced. But taken together, they amount to a plain and unmistakable
message from this government. “We want more control over access, and we want less
accountability when we deny it.”
[2:45 p.m.]
Look at the time limit change under Bill 9.
Section 6(1) is amended by striking out
“without delay” and substituting “without unreasonable delay.” That is not semantics;
that is substance. “Without delay” is a clear command. “Without unreasonable delay”
is a debate. It invites argument. It opens the door to excuses. It lets the public
body say: “Well, in our view, this took a reasonable amount of time.” A standard that
once pointed government towards urgency is replaced with wording that can be stretched,
defended, rationalized and lawyered into meaning almost anything.
This government knows exactly why they change one word in legislation. One word can
shift the entire culture of compliance. One word can move an obligation from firm
to fuzzy. One word can take a citizen’s right and turn it into an opinion. And that
is before we get to
section 5.
Bill 9 repeals the current wording and substitutes a new requirement that a request,
in the opinion of the head of the public body, provide enough detail to let an experienced
employee identify the record with reasonable effort and in a reasonable amount of
time.
In other words, the bill does not merely require an applicant to describe what they
want. It explicitly says that the sufficiency of the request is determined by the
head of the body being asked for the records. The institution being scrutinized gets
to decide whether the request is specific enough. The gatekeeper becomes the judge.
The respondent becomes the arbiter.
That is not a neutral process. That is a built-in conflict of interest embedded in
the law itself.
Ask yourself how that works in the real world. A journalist files a request about
communications related to a procurement decision. An opposition MLA seeks documents
related to briefing notes, internal warnings or contract irregularities. A foster
youth asks for records tied to their own history. A citizen seeks correspondence concerning
a controversial service failure.
Under Bill 9, the public body can say the request lacks enough detail not because
it is impossible to understand but because, in the opinion of the head, it cannot
be identified with reasonable effort and in a reasonable amount of time.
Those are elastic phrases. These are subjective phrases. They are phrases that shift
the burden from government to the applicant. And that is exactly the opposite of what
a strong FOI is supposed to do.
Then we arrive at
section 43, and this is where the mask really slips.
Deputy Speaker : Member, my apologies for interrupting you.
Hon. Spencer Chandra Herbert : Apologies. I seek leave to make an introduction.
Leave granted.
Introductions by Members
Hon. Spencer Chandra Herbert : On behalf of the Minister of Energy and Climate Solutions, the member for Vancouver-Renfrew….
Anyways, you’re all here from St. Mary’s, I believe. Thumbs-up. Go, St. Mary’s! Your
minister, your MLA, Minister Ricks…. It’s not his name, but it sounds like Ricks.
We don’t say last names in this House. We refer to each other by ministry titles,
so Hadrian Ricks rhymes with your minister’s name.
Anyways, he wanted me to welcome you all to your chamber, to your House, the people’s
House. We are currently debating the freedom-of-information and protection-of-personal-privacy
legislation.
Thank you, and welcome to your Legislature.
Deputy Speaker : Indeed, welcome to everyone in the chamber. The minister quite rightly pointed out
that we don’t use names to define any one of our members, so we do refer to our ridings.
Debate Continued
Heather Maahs : Bill 9 adds and modifies the grounds on which the commissioner can authorize a public
body to disregard requests. The new language adds that the behaviour of the applicant
can be abusive or malicious. It allows a request to be disregarded if responding would
unreasonably interfere with the operations of the public body or the government of
British Columbia.
It also allows a request to be characterized as an abuse of the right to make a request
because it is repetitious or systematic or because it is excessively broad.
[2:50 p.m.]
When we say those words out loud — “abusive,” “malicious,” “unreasonable,” “interfere,”
“repetitious,” “systematic,” “excessively broad” — these terms are meant to shut down
scrutiny that is inconvenient, persistent or maybe embarrassing.
Who exactly files requests that are repetitive or systematic? Journalists do. Opposition
researchers do. Watchdogs do. Citizens who suspect there is a pattern do. People investigating
waste, misconduct or incompetence do. A single document rarely exposes a serious problem.
It takes persistence. It takes follow-up. It takes multiple requests. It takes systemized
inquiry. That is how public interest investigations work.
So when a bill flags systematic or repetitious behaviour as a basis for disregarding
requests, it is not striking at abuse in the abstract. It is creating a weapon that
can be aimed at determined scrutiny in practice.
Let us not ignore the “unreasonable interference with operations” language. Scrutiny
is inconvenient, and that’s too bad. Every department can say that locating records
takes staff time. Every bureaucracy can say that answering questions interrupts business
as usual. But that is the point of a freedom-of-information law. It is supposed to
impose an obligation on the state to serve the public’s right to know, even when it
is inconvenient. If the test becomes whether disclosure work disrupts operations,
then the very existence of accountability is recast as a nuisance.
My colleague earlier, when we were debating this session a few weeks ago, said plainly
that under the Premier’s government, legislative oversight is increasingly seen as
a nuisance and is being replaced by closed-cabinet-door decision-making. That criticism
lands, because Bill 9 reads like legislation drafted by a government that sees scrutiny
as interference rather than democracy.
Kirk LaPointe put it just as bluntly in an op-ed. In his commentary, he writes that
Bill 9 is really Bill nein. He says that legislation is marketed as modernization
but is not. He calls it strategic legislation to defer, delay and deny the public’s
right to know. He further writes that the original democratic premise of the law was
that government records belong to the public unless there is a defensible reason to
withhold them, and that the burden rested on the state, not the citizen.
Those are devastating observations because they identify the philosophical shift underneath
this bill. This government is moving away from a culture in which disclosure is the
default and toward one in which the applicant — the applicant — must satisfy the system,
navigate the hurdles and accept the government’s view of what is reasonable. What
happens when disclosure becomes slower and more discretionary and more applicant-burdened?
LaPointe answers that too. He warns that the changes make access slower, less predictable
and more discretionary. That is not the description of a stronger accountability regime.
That is the description of a weaker one. Slower means information arrives too late
to inform public debate. Less predictable means applicants cannot rely on a clear
process. More discretionary means outcomes depend increasingly on internal judgments
rather than firm, statutory duties.
Taken together, those effects do not just frustrate requesters. They chill scrutiny.
They tell local media outlets, independent journalists, citizen advocates and ordinary
people that unless they have the time, money and persistence to fight, the process
may not be worth it.
[2:55 p.m.]
That chilling effect matters. A freedom-of-information law is not healthy because
it exists on paper. It is healthy because taxpayers, ordinary people, believe they
can use it. If people conclude that requests will take too long, be denied for technical
reasons or be characterized as burdensome, they stop asking. When they stop asking,
government secrecy does not even need to work very hard. It wins by discouragement.
It wins by exhaustion. It wins by turning accountability into a process that only
the most well-resourced can endure.
That is why this chamber should not dismiss wording changes as administrative. Administrative
barriers are one of the most effective ways to kill a right without formally abolishing
it. Bill 9 also excludes from
part 2 of the act certain records that must be produced,
listed or identified as part of a proceeding, including records that fall within a
general class of records listed or identified as part of the proceeding.
Again, the explanatory note says that right on page 1, and the text on page 2 spells
it out: when government, the Attorney General or the government of British Columbia
is required by law, as part of a proceeding, to produce, list or identify records,
those records are carved out from the access part of the act in that context. This
is not some obscure housekeeping adjustment. It narrows the route through which applicants
can seek access and broadens the zone in which government can say, in effect: “Not
here. Not this way.”
Then there is a new section, 16.1, allowing the head of a public body to refuse to
disclose information that would reveal the substance of a communication of a judicial
officer, or one made on behalf of a judicial officer, respecting a proposed or existing
policy, program or enactment. That may sound specialized, but the effect is obvious:
it creates another class of information that can be withheld.
What is the broad trend of this bill? More carve-outs, more refusal powers, more institutional
control over the disclosure boundary. Government says this is refinement. The public
sees, rightly, that it is another ratchet, in one direction only.
The bill also allows the head of a public body to extend the time for responding to
a request by a period to which the applicant consents, and the commissioner’s inquiry
timeline can now be extended beyond 90 days if the commissioner specifies a later
date and notifies the relevant persons. On paper, those may sound reasonable. In practice,
they further normalize longer timelines.
When the law already weakens the promptness standard from “without delay” to “without
unreasonable delay” and then adds more room for extensions and later dates, the combined
message is unmistakable. Waiting is becoming part of the architecture. Government
is not moving towards faster disclosure. It is building itself a more forgiving delay
structure.
And now we have to talk about the politics of this, because the politics are inseparable
from the bill. The Canadian Taxpayers Federation said the government should immediately
resume proactive disclosures and cancel Bill 9, describing the pause in proactive
disclosures and the bill itself as part of a larger rollback.
Its March 18 news release said the pause means government has stopped routinely publishing
things such as ministerial briefing notes, purchase card records, travel expenses
for ministers and deputy ministers, and contracts awarded without a competitive process.
The same release quotes Carson Binda, saying that the Premier had launched an all-out
offensive against transparency and accountability government and adding that Bill
9 would make it easier for bureaucrats to delay and deny FOI requests.
[3:00 p.m.]
The federation also listed examples of stories that came to light because of FOI requests.
We’ve heard them in this House. Gift card bonuses for bureaucrats. A budget line for
an open bar reception. Ministers billing taxpayers for an Amsterdam happy hour. Government
spending on novelty soccer balls. Expensive hotels in Dubai. Limousine service costs
for a ministerial trip.
The point is that the public learned about those things because access tools existed
and were used. When a government that has been embarrassed by records then moves to
weaken access, people are entitled to draw conclusions. They are entitled to think
the government has learned the wrong lesson — not “we should spend better” but “we
should hide better.”
This is why the phrase “assault on government transparency” resonates. It is not just
about the text of Bill 9 in isolation. It’s about the context in which the bill arrives.
A government paused proactive disclosure of spending-related documents and, at the
same time, advances a bill that makes ordinary access requests easier to delay, challenge
and disregard.
British Columbians do not need a doctorate in public administration to see the pattern.
Fewer routine disclosures. More discretion over requests. More ability to call scrutiny
disruptive. More power to decide what is reasonable. Less sunlight, more fog.
This is where the government’s defence collapses. It says the bill is about efficiency,
but efficiency for whom? If a minister can decide that a request lacks enough detail
because, in its opinion, an experienced employee cannot find the records within a
reasonable effort or a reasonable amount of time, that may be efficient for the ministry.
It is not efficient for the public.
If requests can be characterized as excessively broad or systematic and disregarded,
that may be efficient for bureaucracy. It is not accountability for British Columbians.
If response duties are softened and review timelines lengthened, that may be administratively
convenient for government. It is not meaningful access for an applicant waiting for
answers. Convenience is the institution, not the same as justice for the public.
Another point that should be taken seriously is the legislation makes no distinction
between general requests from journalists or legislators and requests by individuals
seeking their own personal records, such as child and youth foster care records or
employment records. That matters, because behind the legal jargon, it’s not just politics.
It’s also a human reality.
Delays in access are not always about headlines. Sometimes they are about people trying
to understand what happened to them, people trying to reconstruct a life event, a
care history, an employment issue or an administrative decision that changed their
future. When government loosens timelines and hardens the gate, it is not only the
press gallery that pays; ordinary people do too.
My colleague also recently said that it is magical thinking to suggest that making
it easier to delay or deny access to general information will somehow speed up the
process. That is exactly right. The government wants the public to believe that weakening
requesters’ rights is a pathway to a better functioning system.
If a system is overloaded, the answer is to improve record management, improve searchability,
invest in staff capacity and expand proactive publication. The answer is not to move
the goalposts for applicants. The answer is not to grant more refusal powers. The
answer is not to downgrade urgency in the statute itself. The answer is not to tell
citizens that their rights are causing the inefficiency.
Bill 9 goes in the opposite direction on core access questions. That is important
politically as well as legally. It means this bill is not the inevitable product of
expert consensus. It is a choice.
The government chose this path. It chose more discretion over more openness. It chose
a softer duty to respond. It chose wider disregard powers. It chose to put more weight
on administrative convenience than on the public’s right to know.
[3:05 p.m.]
And because it is a choice, members opposite are responsible for it. They cannot hide
behind their officials. They cannot hide behind drafting counsel. They cannot say
this is simply a modernization file from a ministry. Every clause in this bill expresses
a value judgment. Every clause answers a question.
When there is tension between convenience for government and access for public, whose
side are you on? Bill 9 answers: the government’s side. When there is tension between
institutional workload and democracy scrutiny, whose burden do you lighten? Bill 9
answers: the institution’s. When there is tension between certainty for the applicant
and discretion for the state, whom do you trust? Bill 9 answers: the state.
That is why, in LaPointe’s op-ed, the line about “original premise of the law matters
so much,” he says the burden rested on the state, not on the citizen. Bill 9 shifts
that burden. The applicant must be precise enough, narrow enough, acceptable enough,
not too broad, not too systematic, not too repetitive, not too interfering, not too
time-consuming.
Who decides whether they’ve crossed the line? The very people whose records they want.
That is not a robust right. That is a tolerated request process, conditional on the
patience of bureaucracy and the tolerance of government.
Members opposite may say that the commissioner still plays a role. Of course, the
commissioner plays a role, but Bill 9 itself broadens the grounds upon which the commissioner
can authorize a public body to disregard requests, and it permits later dates for
inquiries beyond the default 90-day timeline in certain circumstances.
Even oversight is being furnished with a looser calendar and a broader vocabulary
of refusal. That is not strengthening of external control over secrecy. It is a recalibration
that gives the system more room to accept delay and disregard it as ordinary.
What is really going on here? The answer is political culture. The most troubling
aspect of Bill 9 is cultural. A cultural openness once promised in 1992 has been broken,
and that system has been dismantled, piece by piece. The CTF says that government
is trying to ensure embarrassing documents never see the light of day. Different voices,
different politics, same theme.
This bill reflects a government culture that sees transparency as a risk to be managed
rather than a duty to be honoured. That is why this debate matters far beyond lawyers,
journalists or FOI specialists, because if government can normalize the idea that
rights are subject to administrative convenience, then the damage does not stop with
access to records.
It teaches a lesson about citizenship itself. It says your right to know is not a
foundational democratic guarantee but a request that the state may accommodate if
it finds your wording tidy, your persistence modest and your curiosity manageable.
That is a corrosive lesson in democracy.
The people of British Columbia deserve better than that. They deserve a government
that meets requests with urgency, not excuses; a government that strengthens proactive
disclosure instead of pausing it; a government that invests in records systems instead
of blaming applicants for asking hard questions; a government that remembers why freedom-of-information
laws exist in the first place. It’s not to protect the comfort of the executive but
to protect the sovereignty of the citizen.
So let us stop pretending this is neutral. Let us stop pretending that no values are
at stake. Let us stop pretending Bill 9 simply updates an old statute for a digital
age.
This bill changes who carries the burden. It changes who gets the benefit of ambiguity.
It changes who controls the pace. It changes who can call scrutiny unreasonable. It
changes who decides whether a request is acceptable. In every one of those changes,
the balance tilts the same way, toward government and away from the public.
[3:10 p.m.]
That is why this House needs to reject the spin on Bill 9. Read the words “in the
opinion of the head of the public body.” Read the words “without unreasonable delay.”
Read the words “abusive or malicious.” Read the words “repetitious or systematic,”
“excessively broad,” “unreasonably interfere with operations.” Those are not words
of a government opening windows. Those are words of a government installing thicker
curtains.
Freedom of information is not a courtesy extended by the powerful to the powerless.
It is not a favour. It is not a gift. It is a democratic right rooted in a simple
proposition in a free society, that people must be able to know what their government
is doing.
Bill 9 weakens that right. It makes access less timely, less certain and more dependent
on the judgments of the institutions being scrutinized. It expands the state’s ability
to say no. It broadens the language available to defend, delay and disregard. It arrives
in a climate where proactive disclosures have been paused, and critics from across
the spectrum are warning that British Columbia is moving from freedom of information
toward freedom from information.
For all of those reasons, this bill is not modernization. It is retrenchment. It is
not balance. It is bureaucratic self-protection. It is not transparency reform. It
is a retreat from transparency, and it needs to be defeated.
Dana Lajeunesse : I’m pleased to rise to speak in strong support of Bill 9 and the proposed amendments
to British Columbia’s Freedom of Information and Protection of Privacy Act.
This legislation is about something very simple but very important: making government
work better for people while continuing to protect their privacy and their right to
access information. These amendments reflect the reality that the way people interact
with government has changed dramatically over the past decades, while the systems
underpinning those interactions have not always kept pace.
Today’s amendments are a thoughtful, balanced response to two urgent, interconnected
challenges: the need to modernize government service delivery through connected digital
services and the growing strain on our freedom-of-information system, which must remain
strong, fair and accessible to everyone.
At their core, these changes are about efficiency, transparency and respect — respect
for individuals’ time, respect for public servants and respect for the principles
of privacy and access that British Columbians value deeply.
The proposed amendments are not about sweeping for the sake of change. They’re targeted,
measured and intentionally structured around three clear objectives: enabling connected
services, improving FOI efficiency and making minor but necessary clarifications and
operational fixes. Each of these categories responds directly to long-standing challenges
identified by the FOIPPA special committee, by public bodies across the province and
by the Office of the Information and Privacy Commissioner. This is not legislation
developed in isolation. It reflects years of practical experience, consultation and
oversight.
Enabling connected services for British Columbians. Let me begin with the connected
services provisions because they go right to the heart of how people experience government.
Too often government still operates as a collection of silos. Individuals are asked
again and again to provide the same information to different ministries and programs
— their name, their address, their eligibility documents, their personal details.
This is frustrating, inefficient and unnecessary.
[3:15 p.m.]
A government that works as one. The connected services provisions in this bill will
help to enable government to operate as one unified system rather than as disconnected
parts. These amendments will allow public bodies to securely share information within
government on the people’s behalf and with their permission so that services are simpler,
more predictable and more streamlined. This is about building a system that reflects
how people actually live their lives, not how government is organized internally —
a single gateway, not a centralized database.
Let me be very clear, because I know this concern will and has been raised. Connected
Services B.C. does not create a massive new centralized database of personal information.
That is simply not what this legislation does. Instead, connected services are designed
to use existing systems, facilitate secure, appropriate sharing and reduce unnecessary
collection of information overall. The goal is not consolidation; it is coordination.
Public bodies will continue to hold only the information they need to deliver their
programs.
What changes is that with appropriate safeguards, information can be shared, where
necessary, to deliver services more effectively and more respectfully. Strong privacy
protections remain in place. Privacy protection remains foundational.
FOIPPA already contains strong security requirements, and this bill goes further by
allowing the minister to publish specific privacy and security requirements for connected
services, requiring notification to the Office of the Information and Privacy Commissioner
when a connected services provider is established and providing discretion for the
OIPC to review privacy impact assessments. These safeguards ensure that modernization
does not come at the expense of privacy; it strengthens it.
Part 3, improving the freedom-of-information system. The second major category of
amendments focuses on the freedom-of-information system itself, and this is essential.
FOI is a cornerstone of democratic accountability. Access-to-information rights are
non-negotiable, but it is also true that our FOI system is under significant strain,
a system under pressure.
Across this province — in ministries, municipalities, school districts and health
authorities — public bodies are facing increasing volumes of requests, growing complexity,
administrative backlogs. These pressures affect everyone — applicants waiting longer
for responses, staff pulled away from other vital duties. Delays that undermine trust
in the system. Doing nothing is not an option. These amendments are designed to relieve
pressure without reducing rights.
Part 4, clarifying requests and improving communication. One of the most practical
and sensible reforms in this bill concerns clarity in FOI requests. Under the current
act, applicants are already required to provide enough detail to allow public bodies
to identify records with reasonable effort. What these amendments do is formalize
and improve the process for achieving that clarity, a formal clarification process.
The bill introduces a clear, transparent process for public bodies to seek clarification
when a request is unclear. This is not about forcing applicants to narrow their requests.
Let me repeat that clearly. Applicants are not being forced to narrow their requests.
[3:20 p.m.]
This is about ensuring that the public body understands what records are being sought
and the applicant receives information that actually meets their needs. Ambiguous
requests help no one. They slow the process and create frustration for both sides.
Clear communication improves outcomes for everyone involved.
Stopping the clock, responsibility and transparency. Some have raised concerns about
allowing the 30-day FOI clock to pause while an applicant is clarifying their request.
This is not stalling. It is about honesty and fairness. Currently the clock continues
to run even when a public body is waiting for clarification. This creates unrealistic
timelines and unnecessary tension. Under this amendment, timelines become more accurate,
applicants are encouraged to engage promptly, and public bodies can focus their efforts
on meaningful searches. This reform supports transparency, not delay.
Addressing abusive and malicious conduct. One of the most sensitive but necessary
aspects of this bill is the amendment allowing public bodies to apply to disregard
requests in cases of abusive or malicious behaviour. Let me be absolutely clear about
what this does and does not do. Oversight remains with the OIPC. Public bodies cannot
unilaterally disregard requests. They must apply to the Office of the Information
and Privacy Commissioner, which retains full oversight and decision-making authority.
These circumstances are described clearly, narrowly and explicitly — rare but real
situations. Examples include patterns of harassment, intimidation, threats to staff
safety. These situations are extremely rare, but when they do occur, they’re highly
disruptive and divert resources away from processing legitimate requests. This amendment
protects public servants while preserving applicants’ rights through independent oversight.
Part 7, proactive disclosure of personal information. Another important improvement
is the ability to proactively disclose personal information back to individuals. Currently
approximately 60 percent of FOI requests are for personal information. This bill introduces
mechanisms to improve access for individuals seeking their own information, reduce
unnecessary formal FOI requests, particularly support former children in care and
others who rely on these records. This is a compassionate, practical reform that improves
service while easing system pressures.
Part 8, fees and access. There has been significant public discussion about FOI fees,
and I want to address this directly. This legislation does not change application
fees. At the same time, important exemptions remain. There’s no fee for individuals
requesting their own personal information. Indigenous governing entities are not required
to pay an application fee. Evidence shows that the existing fee structure has reduced
broad cross-government requests, while encouraging more targeted requests without
reducing access for individuals.
At the same time, government has expanded proactive disclosure, making frequently
requested information available without the need for an FOI request at all. That is
meaningful access.
[3:25 p.m.]
Consultation and oversight. These amendments were not developed behind closed doors.
The ministry has consulted extensively with the Office of the Information and Privacy
Commissioner, engaged with the FOIPPA special committee and responded to long-standing
operational concerns from public bodies. The commissioner has indicated comfort with
the amendments, and oversight remains firmly in place. This balance between access
and service delivery is essential if the system is to work fairly for everyone.
Part 10, a bill about people. At the end of the day, this bill is not about systems
or statutes in isolation. It’s about people — people trying to access services without
repeating themselves endlessly; people seeking information that they’re entitled to
receive; public servants working under increasing pressure; families, seniors, businesses
and communities relying on timely, accurate government service. This legislation helps
meet those expectations responsibly and transparently.
In conclusion, these amendments do not weaken FOIPPA; they strengthen it. They do
not diminish access; they improve clarity, efficiency and fairness. They do not compromise
privacy; they modernize safeguards in a digital world. This bill reflects good governance
and careful reform that responds to real challenges while preserving the values we
hold dear.
For those reasons, I’m proud to support this legislation and urge all members of this
House to do the same.
Claire Rattée : Today we’re speaking about Bill 9, the Freedom of Information and Protection of Privacy
Amendment Act.
I want to begin by grounding this conversation in something that I think is absolutely
fundamental to our role in this House. That is the understanding that freedom of information
is not simply an administrative tool, it is not a bureaucratic process, and it is
not just about efficiency or timelines or internal systems. It is one of the only
mechanisms that British Columbians have to understand what their government is doing,
to verify that decisions are being made in the public interest and to hold those of
us in positions of authority accountable for the decisions that we make.
At the end of the day, the information we are talking about does not belong to government;
it belongs to the people of British Columbia. Government is simply the custodian of
that information. We’re entrusted with it, we manage it, we organize it, but we do
not own it.
When we start to blur that line, when we start to treat public information as something
that government controls, rather than something that the public has a right to access,
we fundamentally change the relationship between government and the people that it
serves. That relationship is supposed to be built on trust.
[Mable Elmore in the chair.]
When people believe that they can ask questions and get answers, when they believe
that government is transparent, when they believe that information is accessible,
even when it is inconvenient or uncomfortable, that is what builds confidence in public
institutions. But when that starts to change; when people feel like they cannot get
answers; when they feel like information is being withheld, delayed, filtered or controlled,
that is when trust starts to erode.
Once that erosion begins, it does not take long for people to lose confidence, not
just in government but in our entire system. That is what makes this bill so concerning.
For the last nine long years, the public’s trust in this government has more than
eroded; it has collapsed. This legislation is the icing on the cake.
I think a perfect example of why this is so important is something that happened this
morning in the chamber, in question period. My colleague from Columbia River–Revelstoke
was asking questions about some FOI documents that our party had received from the
government, in regard to a signing that happened on xʷməθkʷəy̓əm territory, involving the Premier.
The FOI that we’d received was so heavily redacted, and the Premier tried to pull
a gotcha: “How did you not know that this was a letter that was in opposition to it?”
Well, we didn’t know, because the FOI that we received only told us that there was
a letter involved.
[3:30 p.m.]
Then when the Minister of Jobs and Economic Growth tried to heckle us over it, I said:
“These are your documents. This is your information.” Because government gets to decide
what is released and what is proactively disclosed to people and what is available
to us as opposition while we’re trying to do our jobs, that’s part of the problem.
Making that weaker, making it so that there’s even less information that we can access
or more things that the government is allowed to control whether or not opposition
can access or the public can access, is only going to make that problem even worse
than it already is today.
I want to acknowledge, because I think it’s important to do so honestly, that there
are aspects of the FOI system today that are not working in the way that they should.
We know that there are delays. We know that people are waiting far too long to receive
responses. We know that the system can be frustrating and, in some cases, incredibly
inaccessible. I’ve experienced it firsthand, and I recognize that there is a need
to improve this system.
What is deeply concerning about this legislation is that instead of addressing those
problems and instead of fixing what is broken, it moves us in the opposite direction.
It does not improve access; it restricts it. It does not increase certainty; it introduces
ambiguity. It does not strengthen accountability; it weakens it.
Right now British Columbians are already waiting months — in some cases, close to
a year — to receive responses to freedom-of-information requests. That is not a small
issue. It’s not a minor inconvenience. That is a system that is fundamentally failing
to meet its most basic obligation.
Instead of tackling that problem head-on, instead of asking why those delays exist,
instead of investing in the systems and processes needed to actually deliver timely
responses, this legislation lowers the standard.
It replaces a requirement to respond without delay with a requirement to respond without
unreasonable delay. That might seem like a small change, but it is not, because “without
delay” is a very clear expectation, but “without unreasonable delay” is subjective.
It introduces flexibility for the institution, not certainty for the public. We see
that same pattern repeated throughout this bill — more subjectivity, more discretion,
more room for
interpretation.
I want to ground this in something very real, because for me, this is not theoretical.
It is not a hypothetical concern about what might happen if this bill passes. This
is something that I am already experiencing in real time. Since June of last year,
I’ve had freedom-of-information requests in for Dr. Daniel Vigo’s quarterly reports.
These are not obscure documents. These are not peripheral reports. These are documents
that are directly tied to government policy, particularly in the context of the addiction
crisis and concurrent disorders. These are reports that are being used to justify
decisions that are affecting communities across this province, or not. I wouldn’t
know because I haven’t been able to see them — not a partial disclosure, not heavily
redacted records, nothing.
I asked about it again in today’s question period and received a non-answer, just
more obfuscation and attempts to distract. The reality is that this is taxpayer-funded
work, work that is costing the taxpayer over $1 million in a salary plus expenses,
plus covering the salary cost from UBC.
There is no justifiable reason why these reports should not already be a matter of
public record. To be honest, a freedom-of-information request should not have even
been necessary, but here we are. Nearly a year later I haven’t even received some
heavily redacted version — just silence. How am I supposed to effectively do the job
that my constituents elected me to do if I can’t even access the information that
is required of me to be able to do it?
This government is operating like the gatekeepers on information that belongs to the
public, and this legislation is attempting to close that gate even tighter than before.
If I have already been unable to access that information with the current system,
what will happen if this legislation comes into force? What other information will
the public not be able to access?
At the same time, I have also had requests in for the work being done by Larry Campbell
on the Downtown Eastside, work that the government itself has publicly acknowledged
as being critical to understanding what is happening in one of the most vulnerable
communities in British Columbia, one that my critic portfolio is deeply intertwined
with, and, again, nothing — no transparency, no accountability, no answers.
As I said before, what makes this even more concerning is that I should not even have
to be filing FOI requests for this information in the first place. These are reports
that taxpayers are funding. They are reports that are informing government decisions.
There is absolutely no reasonable explanation for why this information should not
be publicly available — none. Yet here we are, forced to file requests, wait months,
pay fees, just to try and access information that should have been proactively disclosed
from the start.
What’s incredibly frustrating about both of these situations is that they’re not one-offs.
This just happens to be something that’s relevant to my critic portfolio. This is
happening all throughout our caucus. We have freedom-of-information requests in that
we haven’t received any responses to. We haven’t gotten any answers.
[3:35 p.m.]
These are just two examples of government contracts that the government has repeatedly
justified as being incredibly necessary to inform the work that they need to do. In
the case of the Downtown Eastside, I believe it’s work that sitting MLAs should be
doing, not an outside independent contractor, but here we are.
There has been zero justification for the taxpayers’ money that has been spent on
it. We’ve reviewed the contracts. The contracts clearly state there is a requirement….
Interjection.
Claire Rattée : We are still on Bill 9. This is incredibly important because I’m talking about the
freedom-of-information requests that I have in right now with your government that
have been sitting for over a year that I haven’t received a response to.
I’m talking about the contracts in relation to those freedom-of-information requests.
I’m talking about how….
Deputy Speaker : Members, just a reminder, comments through the Chair.
Claire Rattée : Thank you, Chair.
I am talking about the freedom-of-information requests that I have been waiting on
for a year now. They relate to documents and contracts that this government has, that
they’ve justified as being crucial and necessary taxpayer-funded work that has been
done. Reports that were tied into those agreements, reporting deadlines that…. I don’t
know if they’ve been met. I have no idea. No one in the public does, because we can’t
scrutinize them.
I’ve been waiting almost a year now for any of these reports, and these are reports
that were quarterly, which means there are multiple reports which would have been
put in, at least in the case of Dr. Vigo, and I’ve received nothing. So if we make
this system even worse, if we make it even less accessible, then what?
There’s absolutely no reason, in the first place, why these should require a freedom-of-information
request. The taxpayer is funding this work. There’s nothing in it that’s going to
be sensitive or dangerous and that can’t get out into the hands of the public. They
deserve to know. They have a right to know what is informing their government’s decisions
on how they’re approaching policy.
What’s particularly concerning about this is that in the case of Dr. Vigo, statements
that he has made publicly completely contradict the direction that this government
has gone in, which makes me think that those reports are things that they really don’t
want anybody else to see, because they’re not following the advice that they’ve been
given. This is not transparency, and it is not openness. It certainly isn’t accountability.
That is a system that is designed to control information.
If I, as a member of this House, cannot get access to this information in a timely
way, what does that say about the ability of everyday British Columbians to access
it? What does that say about a worker trying to access records for a workplace dispute
or a journalist trying to investigate government spending? What does it say about
a family that is trying to understand what happened to a loved one?
Freedom of information is not just used by politicians or by the media. It is used
by people who are trying to navigate real situations in their lives — people who are
trying to get clarity, people who are trying to get fairness, people who are trying
to get answers. From where I am sitting, the system is already failing them. Instead
of fixing that failure, we are being asked to pass legislation that makes it easier
to deny requests altogether. That is backwards.
I will say this. Given this government’s track record, it is certainly not surprising,
because this is not the first time we’ve seen this. This is a part of a pattern. This
is a government that has been called the most secretive in Canada, and that label
does not come from one decision or one bill. It comes from years of behaviour. It
comes from delays. It comes from refusals. It comes from redactions. It comes from
a consistent unwillingness to release information in a timely and transparent way.
We’ve seen it not just in FOI but in how this government approaches legislation more
broadly. Increasingly, we are seeing legislation that lacks clarity, legislation that
defers critical details to regulation, legislation that asks this House to approve
a framework without knowing how it will actually operate in practice.
That matters, because when decisions are made in regulation instead of legislation,
they are made with less scrutiny, less debate and less accountability. They are made
outside of this chamber. When you combine that with vague legislative language, you
are not just creating flexibility; you are concentrating power. You’re shifting control
away from transparent processes and into discretionary decision-making, and Bill 9
fits squarely into that pattern.
When you look at clause 13, what you see is a significant expansion in the government’s
ability to apply to have FOI requests disregarded, using terms like “malicious,” “abusive,”
“repetitious,” “excessively broad” or requests that “unreasonably interfere with the
operations of government” — terrifying.
None of those terms are properly defined, not one. That’s not a minor oversight. That
is the core issue, and it was likely intentional. When terms are not defined, discretion
expands, and when discretion expands, accountability declines. It means that the same
request could be considered reasonable one day and dismissed the next. It means that
legitimate scrutiny can be reframed as interference. It means that access to information
becomes conditional.
[3:40 p.m.]
When the institution being scrutinized is the one deciding whether that scrutiny is
valid, that should concern every single one of us in this House. It is, perhaps, the
most terrifying language of all, because there is a lot that this government would
likely classify as interfering with the operations of government.
I’ve seen the way that this government views opposition, the eye-rolls and insults
when we are just trying to do the jobs that British Columbians elected us to do. I
can only imagine which parts of our work that we carry out here every day this government
would deem as interfering with the operations of government — likely most of it, if
I had to guess.
But transparency is not supposed to be convenient. Accountability is not supposed
to be comfortable. Government is not supposed to operate without scrutiny. That is
the point. These jobs are hard. They are hard for a reason. Yet this bill moves us
in the opposite direction.
At the same time, while expanding the ability to deny requests, this bill introduces
new barriers on the other side. Clause 21 allows public bodies to charge fees for
information that is already available without an FOI request.
Now not only can requests be dismissed more easily, but access to information that
is already public can be subject to cost. Again, on its own, that might seem like
one small adjustment, but when you layer it together — delays, undefined language,
expanded discretion, new fees — you start to see the full picture.
Barrier after barrier, and that is how access is eroded. It’s not always through outright
denial but through friction, delay, cost and uncertainty, until eventually people
stop asking. That is the risk with this bill, because when you step back and look
at all of this together, a very clear pattern emerges. This is not a bill that strengthens
transparency. It is a bill that manages it. It gives government more control over
what is released, when it is released and under what conditions it is released.
That is not what freedom of information is meant to be. Freedom of information is
supposed to be a right. Not a privilege, not conditional and certainly not dependent
on whether the request is convenient or comfortable for the government. It’s supposed
to be a guarantee that the people of this province have the ability to understand
what it is that their government is doing and to guarantee that we, as elected officials,
are accountable to them.
There is an opportunity here to actually improve the system, to address delays, invest
in proper information management, ensure that proactive disclosure is truly proactive,
define clear standards and reinforce the principle that this information belongs to
the public. But this bill does not do that, and until those issues are addressed,
I cannot support it.
This is where I think it’s important that we take a step back and actually recognize
what access to information has already accomplished in this province. It is very easy,
in a debate like this, to talk about the system in abstract terms or to talk about
legislation and clauses and
definitions, but what often gets lost is the very real
impact that access to information has had in exposing decisions that would not otherwise
have come to light.
Over the past year alone, we have seen repeated examples of this through the work
of organizations like the Canadian Taxpayers Federation, who have used freedom-of-information
requests to uncover how public money is being spent in ways that British Columbians
would otherwise never have known about and certainly are not happy about.
We are talking about thousands of dollars in gift card spending for government employees
that could not properly be accounted for. We are talking about tens of thousands of
dollars in travel expenses, receptions and discretionary spending that only came to
light because someone was willing to file a request and push for answers.
We are talking about contracts and procurement decisions that raised serious questions
about transparency and fairness — again, only revealed because of access to information.
I think that matters, because none of that information was proactively disclosed.
None of that information was voluntarily brought forward.
The realities of what is happening in our hospitals. Much of what we know about the
wait-lists for surgical and diagnostic care has only been made available through freedom-of-information
requests. We only know how many people have died on those same wait-lists because
of this work. Government certainly wasn’t proactively disclosing it. It came to light
because the system, imperfect as it is, still allowed people to ask questions and
eventually get answers.
That is the role that access to information plays in a functioning democracy. It is
not there for convenience or for comfort. It is there precisely because governments
do not always choose to share information on their own. In the case of this NDP government,
I would go so far as to say it often does not.
It exists so that the public does not have to rely on what government is willing to
disclose but, instead, has the ability to seek out that information themselves.
[3:45 p.m.]
That is why this matters so much, because when you make it harder to file those requests,
when you introduce even more fees, when you expand the ability to dismiss them, when
you normalize delay, you are not just changing a process. You are limiting the ability
of that kind of work to happen.
You are limiting the ability of journalists to do their jobs. You are limiting the
ability of organizations to hold government accountable. You are limiting the ability
of the opposition to do the work that they were elected to do. Ultimately, you are
limiting the ability of British Columbians to understand how their own money is being
spent.
That is what this comes down to. This is taxpayer money. This is public money, and
British Columbians have a right to know how it is being used. They have a right to
know when money is being spent in ways that do not align with their expectations.
They have a right to know when decisions are being made that affect their communities.
They have a right to know without having to jump through more and more barriers just
to access that information.
Government would be very wise to not lose sight of that, because, from where I am
standing, it appears that they may have already.
When we look at Bill 9 through that lens, it becomes very clear why there is so much
concern, because the tools that have allowed that information to come to light, imperfect
as they may be, are the very tools that this bill makes weaker. That is not something
that we should be comfortable with.
We are already seeing the real-world consequences of this approach to transparency.
This is not happening in a vacuum. It is happening at the same time that this government
has made the decision to pause proactive disclosures, disclosures that British Columbians
rely on to understand how their money is being spent. That includes things like ministerial
briefing notes, purchase card records, travel expenses and government contracts that
are awarded without a competitive process.
These are not minor documents or administrative details. These are exactly the kind
of records that allow the public to see how decisions are being made, how money is
being spent and whether government is acting responsibly. Right now those disclosures
have simply been paused, with no clear timeline for when they will return.
This really does speak to a broader issue that we see throughout this government and
the way that they have approached things, specifically over the last year and a half,
because this government is also eliminating an independent Office of the Merit Commissioner.
The Merit Commissioner’s role is to be an independent office that reviews whether
merit is applied in hiring within the public service.
In his last report, the commissioner found that 10 percent of hires were merit-not-applied
hires, the highest rate since 2017. This should concern this government. But rather
than address these concerns, the government thinks that it is simpler to just eliminate
the independent oversight. This is relevant because it speaks to a broader issue that
we see with this government, an apparent allergy to accountability.
At the exact same time that access to information is being restricted through legislation,
the proactive disclosure of information is also being reduced, and the independent
oversight is being removed. That is not a coincidence. That is a pattern, one where
fewer questions are answered and fewer decisions can be scrutinized. That does not
strengthen accountability; it weakens it.
I think this is where the concern that many people have raised, that this is an assault
on transparency, really starts to resonate. When you take all of these pieces together,
it is not just one change. It is certainly not just one bill. It is a series of decisions
that all move in the same direction: more barriers to access; more discretion to deny;
more ability to delay; and less obligation to provide clear, timely answers. That
is not modernization; it is a step backwards.
Ultimately, what this comes down to is a very simple question. If government is confident
in its decisions, if it is confident in how it is spending taxpayer money, if it is
confident in the policies it is putting forward, then why is there a need to limit
access to information about those decisions in the first place?
Transparency should not be something that government fears. It should be something
that it embraces. But what we are seeing here is the opposite. That is why this bill
is so deeply concerning, because this government does fear transparency. Transparency
is not about what government chooses to share; it is about what the public has a right
to know.
Scott McInnis : It’s a real pleasure here today to speak in very staunch opposition to Bill 9. It’s
nice to say welcome to all the guests in the gallery today and, I’m sure, the tens
of thousands of people at home watching on TV.
[3:50 p.m.]
Very simple here. I have a lot of things I want to cover here today. I want to have
some fun with this, because I certainly don’t think…. I’m sure everybody in the gallery
and everybody at home would agree with me that it is a public government’s responsibility
to walk towards transparency and accountability when it comes to freedom of information,
not away from it. That is exactly what we’re seeing with these amendments in Bill
I appreciate the Minister of Citizens’ Services for bringing the bill forward in the
two-minute introduction speech. If the vote was based on those words, we would probably
all vote unanimously in favour of this bill.
But after peeling back the layers, it is very obvious that this government, which
has a pattern and a reputation of not being overly transparent, to say the very least….
Not from the official opposition, this is in the public. This further adds to that,
and it is extremely concerning.
I want to thank my friend the member for Saanich North and the Islands for his very
eloquently put speech a number of weeks ago on this. As far as I recall, he was involved
in the original drafting of the Freedom of Information and Protection of Privacy Act
several decades ago. I agreed with just about everything he said.
This is outrageous, what we’re seeing here with Bill 9. The public deserves to have
timely access to information. To put up barriers to make it slower and less efficient
is an abdication of responsibility on a public government. I can’t believe that we
are seeing this bill come forward.
At a time when the FOI system is already in somewhat of a crisis…. I’ll get to the
details here in a moment. I’ve got lots of great examples to share on the record.
The government response times are now the worst in 13 years. If I send in a request
for a freedom-of-information response, we are in the slowest response time in over
a decade.
There’s nothing in here that even attempts to speed that process up. In fact, it’s
going to dramatically slow it down. The OIPC found the province takes an average of
85 business days to respond to a freedom-of-information request, the longest delay
on record. And 5,100 requests in recent years were delayed without any type of legal
authority, forcing applicants to wait an extra 192 business days on average.
I don’t understand why we’re trying to make this system more delayed and more complicated.
I certainly, when I get to sit in government, would welcome the opportunity to have
the public understand how we are spending their money, as quickly as possibl