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Victoria, British Columbia, Canada

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This Act is current to June 30, 2026

See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Freedom of Information and Protection of Privacy Act

[RSBC 1996]

CHAPTER 165

Contents

Part 1 — Introductory Provisions

Definitions

Purposes of this Act

Application

Part 2 — Freedom of Information

Division 1 — Information Rights and How to Exercise Them

Information rights

How to make a request

Duty to assist applicants

Time limit for responding

Contents of response

How access will be given

Extending the time limit for responding

Transferring a request

Division 2 — Exceptions

Cabinet and local public body confidences

Policy advice or recommendations

Legal advice

Disclosure harmful to law enforcement

Disclosure harmful to intergovernmental relations or negotiations

16.1

Disclosure of judicial comments on legislation or policy

Disclosure harmful to the financial or economic interests of a public body

Disclosure harmful to the conservation of heritage sites, etc.

18.1

Disclosure harmful to interests of an Indigenous people

Disclosure harmful to individual or public safety

Information that will be published or released within 60 days

Disclosure harmful to business interests of a third party

Disclosure harmful to personal privacy

22.1

Disclosure of information relating to abortion services

Division 3 — Notice to Third Parties

Notifying the third party

Time limit and notice of decision

Division 4 — Public Interest Paramount

Information must be disclosed if in the public interest

Part 3 — Protection of Privacy

Division 1 — Collection, Protection and Retention of Personal Information by Public Bodies

25.1

Unauthorized collection, use and disclosure of personal information prohibited

Purpose for which personal information may be collected

How personal information is to be collected

27.1

When personal information is not collected

Accuracy of personal information

Right to request correction of personal information

Protection of personal information

30.1-30.2

Repealed

30.3

Whistle-blower protection

30.4

Repealed

30.5

Notification of unauthorized disclosure

Retention of personal information

31.1

Repealed

Division 2 — Use and Disclosure of Personal Information by Public Bodies

Use of personal information

Disclosure of personal information

33.1

Disclosure outside of Canada

33.2

Repealed

33.3

Disclosure of personal information in records available to public without request

Definition of consistent purpose

35-36

Repealed

Division 3 — Data-linking Programs

36.1

Data-linking programs

Division 4 — Privacy Management Programs and Privacy Breach Notifications

36.2

Privacy management programs

36.3

Privacy breach notifications

Part 4 — Office and Powers of Information and Privacy Commissioner

Appointment of commissioner

Resignation, removal or suspension of commissioner

Acting commissioner

Salary, expenses and benefits of commissioner

Staff of commissioner

General powers of commissioner

Power to authorize a public body to disregard a request

Powers of commissioner in conducting investigations, audits or inquiries

44.1

Maintenance of order at hearings

44.2

Contempt proceeding for uncooperative person

Statements made to the commissioner not admissible in evidence

Protection against libel or slander actions

Restrictions on disclosure of information by the commissioner and staff

Protection of commissioner and staff

Delegation by commissioner

Role of Ombudsperson

Annual report of commissioner

Part 5 — Reviews and Complaints

Division 1 — Reviews by the Commissioner

Right to ask for a review

How to ask for a review

Notifying others of review

54.1

Order for severing of information from records

Mediation may be authorized

Inquiry by commissioner

Burden of proof

Commissioner's orders

Duty to comply with orders

59.01

Enforcement of orders of commissioner

Division 2 — Investigations and Reviews by Adjudicator

59.1

References to commissioner

Adjudicator to investigate complaints and review decisions

60.1

Adjudicator may authorize commissioner to disregard requests

Powers, duties and protections of adjudicator

Right to ask for a review

How to ask for a review

Notifying others of review

Conduct and outcome of the review

Part 5.1 — Offences

65.1

Offence Act

65.2

Offence to wilfully mislead, obstruct or fail to comply with commissioner

65.3

Offence to wilfully evade access provisions

65.4

Privacy offences

65.5

Corporate liability

65.6

Penalties

65.7

Time limit for laying an information to commence a prosecution

Part 6 — General Provisions

Delegation by the head of a public body

Consultative committee

Annual report of minister

Personal information directories, privacy impact assessments and information-sharing agreements

69.1

Public information regarding health information banks

69.2

Provincial identity information services provider

69.3

Connected services provider

Certain records available without request

Head of public body must establish categories of records available without request

71.1

Minister may establish categories of records available without request

Repealed

Protection of public body from legal suit

73.1

Recovery of personal information

73.2

Court order for return of personal information

74-74.1

Repealed

Fees

Power to make regulations

76.1

Ministerial regulation making power

Power to make bylaws

Appropriation

Repealed

Review of Act

Right to disclose preserved

Schedule 1

Schedule 2

Schedule 3

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