1993 BILL 1 First Session, 23nd Legislature, 42 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 1 ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT THE PREMIER First Reading ................................................................................................ Second Reading ........................................................................................... Committee of the Whole.............................................................................. Third Reading ..............................................................................................

Royal Assent ................................................................................................ Second Reading Committee of the Whole Third Reading Royal Assent Title: 1993 (23rd, 1st) Bill 1, Access to Information and Protection of Privacy Act, 1993

Bill 1 BILL 1 1993 access to information and PROTECTION OF PRIVACY ACT (Assented to , 1993) Table of Contents

Definitions 1 Scope of the Act 2 Relationship to other Acts 3

Part 1 Access to Information Division 1 Obtaining Access to Records Right of access 4 How to make a request 5 Time limit for responding 6 Contents of response 7 How access will be given 8 Extending the time limit for responding 9 Transferring a request 10 Division 2 Exceptions to Disclosure Business interests of third party 11 Personal privacy of third party 12 Disclosure harmful to individual safety 13 Confidential evaluations 14 Disclosure harmful to law enforcement 15 Disclosure harmful to intergovernmental relations 16 Advice from officials 17 Economic and other interests of public bodies 18 Testing procedures, tests and audits 19 Privileged information 20 Disclosure harmful to the conservation of heritage sites, etc. 21 Information that is or will be available to the public 22 1

Division 3 Third Party Intervention Notifying the third party 23 Time limit and notice of decision 24 Division 4 Review and Appeal Definition 25 Review by Commissioner Right to ask for a review 26 How to ask for a review 27 Notifying others of review 28 Review by Commissioner 29 Conduct of review 30 Duty to establish evidence 31 Power of Commissioner 32 Commissioner to report 33 Decision of head 34 Appeal to Court of Queen’s Bench Appeal procedure 35 Powers of Court on appeal 36 Decisions of Court 37

Part 2 Protection of Privacy Division 1 Collection of Personal Information Purpose of collection of information 38 Manner of collection of information 39 Protection of personal information 40 Division 2 Use of Personal Information Use of personal information 41 Duties of a public body 42 Right of correction 43 Division 3 Disclosure of Personal Information Disclosure in accordance with

Part 1 or this Division 44 When personal information may be disclosed 45 Disclosure for research 46 2

Part 3 General 47Fees 48Manner of giving notice Exercise of rights by other persons 49 Power to authorize a public body to disregard requests 50 Proceedings prohibited 51 Proceedings involving Commissioner prohibited 52 Confidentiality 53 Non-compellability 54 Immunity from prosecution 55 Offences 56 Role of Ombudsman 57 Crown bound 58

Part 4 Administration Definition 59 Division 1 Information and Privacy Commissioner Appointment of Commission 60 Term of office 61 Resignation, removal or suspension of Commissioner 62 Acting Commissioner 63 Remuneration 64 Oath 65 Office of the Commissioner 66 Financing of operations 67 Delegation by Commissioner 68 General powers of Commissioner 69 Annual report 70 Division 2 Other Matters Authorization 71 Directory of public bodies and records 72 Access to manuals 73 Regulations 74

Part 5 Consequential and Commencement Consequential amendments 75-79 Coming into force 80 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 3

Definitions1 In this Act, (a) “applicant” means a person who applies for access to a record pursuant to

section 5; (b) “Commissioner” means the Information and Privacy Commissioner appointed pursuant to

Part 4; (c) “employee”, in relation to a public body, includes a person retained under contract to perform services for the public body; (d) “head”, in relation to a public body, means (

i) if the public body is a department, branch or office of the Government of Alberta, the member of the Executive Council who presides over it, and (ii) in any other case, the person designated in the regulations as the head of the public body; (e) “law enforcement” includes (

i) policing, including intelligence operations, (ii) investigations that lead or could lead to the imposition of a penalty or sanction, and (iii) proceedings that lead or could lead to the imposition of a penalty or sanction; (f) “Minister” means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (g) “offence” means an offence under

an Act or regulation of Alberta or Canada; (h) “personal information” means information about an identifiable individual, including (

i) the individual’s name, home or business address or home or business telephone number; (ii) the individual’s race, religious beliefs, colour, gender, age, ancestry or place of origin; (iii) an identifying number, symbol or other particular assigned to the individual; 4

(iv) the individual’s fingerprints, blood type or inheritable characteristics; (

v) information about the individual's health and health care history, including information about a physical or mental disability; (vi) information about the individual’s educational, financial, criminal or employment history; (vii) anyone else’s opinions about the individual; (viii) the individual’s personal opinions, except if they are about someone else; (i) “prescribed” means prescribed by the regulations; (j) “public body” means (

i) a department, branch or office of the Government of Alberta, (ii) an agency, board, commission, corporation, office or other body designated in the regulations, or (iii) the office of the Auditor General, the Ombudsman or the Chief Electoral Officer, but does not include (iv) the Legislative Assembly Office or the office of a member of the Legislative Assembly or a member of the Executive Council, (

v) a treasury branch, or (vi) the office of the Commissioner or the Ethics Commissioner; (k) “record” means a record of information in any form and includes information that is written, photographed, recorded or stored in any manner, but does not include computer programs or other mechanisms that produce records; (l) “third party” means a person other than an applicant or a public body; (m) “trade secret” means information, including a formula, pattern, compilation, program, device, product, method, technique or process, that 5

(

i) is used, or may be used, in business or for any commercial advantage, (ii) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, (iii) is the subject of reasonable efforts to prevent it from becoming generally known, and (iv) the disclosure of which would result in harm or improper benefit. Scope of the Act 2(1) This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following: (

a) a record made from information in a court file, a record of a judge of the Court of Appeal, the Court of Queen’s Bench, the Surrogate Court or the Provincial Court or a record of a master of the Court of Queen’s Bench; (

b) a personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity; (

c) a question that is to be used on an examination or test; (

d) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed; (

e) material placed in the Provincial Archives of Alberta by or for a person other than a public body; (

f) a record made from information in a registry operated by a public body where public access to the registry is normally permitted; (

g) information that would reveal a confidence of the Executive Council or the Treasury Board, including (

i) advice, proposals, requests for directions, recommendations, analyses or policy options prepared for presentation to the Executive Council or the Treasury Board, (ii) the contents of agendas or minutes of the Executive Council or the Treasury Board or deliberations or decisions of the Executive Council or the Treasury Board, 6

Relationship to other Acts (iii) consultations among members of the Executive Council or the Treasury Board on matters that relate to the making of government decisions or the formulation of government policy, and (iv) briefings to members of the Executive Council or the Treasury Board in relation to matters that (

A) are before, or are proposed to be brought before, the Executive Council or the Treasury Board, or (

B) are the subject of consultations described in subclause (iii).

(2) This Act (

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

b) does not in any way limit access to government information or records normally available to the public, (

c) does not limit the information otherwise available by law to a party to legal proceedings, (

d) does not affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents, and (

e) does not prohibit the transfer, storage or destruction of any record in accordance with any other Act or any regulation. 3(1) The head of a public body must refuse to disclose information to an applicant if the disclosure is prohibited or restricted by another Act or a regulation under another Act.

(2) If a provision of this Act is inconsistent or in conflict with a provision of another Act or a regulation under another Act, the provision of this Act prevails unless (

a) the other Act, or (

b) a regulation under this Act expressly provides that the other Act or regulation, or a provision of it, prevails despite this Act.

(3) Two years after

section 4 comes into force, subsection (1) is repealed and subsection (2) comes into force. 7

PART 1 ACCESS TO INFORMATION Division 1 Obtaining Access to Records Right of access 4(1) Every person who makes a request under

section 5 has a right of access to any record in the custody or under the control of a public body, including a record containing personal information about the applicant.

(2) The right of access to a record does not extend to information excepted from disclosure under Division 2 of this Part, but if that information can reasonably be severed from a record, an applicant has a right of access to the remainder of the record.

(3) The right of access to a record is subject to the payment of any required fee. How to make a request 5(1) To obtain access to a record, an applicant must make a request to the public body that the applicant believes has custody or control of the record.

(2) The request must be in writing and must provide enough detail to enable the public body to identify the record.

(3) The applicant may ask for a copy of the record or ask to examine the record. Time limit for responding 6(1) The head of a public body must respond not later than 30 days after a request is received unless (

a) the time limit is extended under

section 9, or (

b) the request has been transferred under

section 10 to another public body.

(2) The failure of the head to respond to a request in time is to be treated as a decision to refuse access to the record. Contents of response 7(1) In a response under

section 6, the applicant must be told (

a) whether or not the applicant is entitled under this Act to access to the record or to part of the record, (

b) if the applicant is entitled to access, where, when and how access will be given, and 8

How access will be given Extending the time limit for responding (

c) if access to the record or to part of the record is refused, (

i) the reasons for the refusal and the provision of this Act on which the refusal is based, (ii) the name, titlee, office address and office telephone number of an officer or employee of the public body who can answer the applicant’s questions about the refusal, and (iii) that the applicant may ask for a review under

section 26.

(2) Despite subsection (1), the head of a public body may refuse to confirm or deny the existence of a record containing information described in

section 13 or 15. 8(1) If an applicant is told under

section 7(1) that access will be given, the head of the public body concerned must comply with this section.

(2) When the applicant has asked for a copy of a record, if (

a) the record, or the part of it to which access will be given, can be reasonably reproduced by the public body using its normal equipment and expertise, and (

b) creating the copy would not unreasonably interfere with the operations of the public body, the copy must be provided with the response or the applicant must be given reasons for the delay in providing the copy.

(3) When an applicant has asked to examine a record or when a copy is not being provided pursuant to subsection (2), the applicant must (

a) be permitted to examine the record or part of the record, or (

b) be given access in accordance with the regulations.

(4) Despite subsections (2) and (3), access to personal information about an applicant’s physical or mental health may be given only in a manner authorized by the regulations. 9(1) The head of a public body may extend the time for responding to a request for a reasonable period if 9

(

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

b) a large number of records is requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the public body, (

c) more time is needed to consult with a third party or another public body before the head can decide whether or not the applicant is entitled under this Act to access to a requested record, or (

d) a third party asks for a review under

section 26.

(2) If the time is extended under subsection (1), the head of the public body must tell the applicant as soon as practicable (

a) the reason for the extension, (

b) when a response can be expected, and (

c) that the applicant may ask for a review of the extension under

section 26. Transferring a request 10(1) After a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if (

a) the record was produced by or for the other public body, (

b) the other public body was the first to obtain the record, or (

c) the record is in the custody or under the control of the other public body.

(2) If a request is transferred to another public body, (

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

b) the head of the public body to which the request is transferred must respond to the applicant in accordance with

section 7 not later than 30 days after the request is received by that public body unless this time limit is extended under

section 9. 10

Division 2 Exceptions to Disclosure 11(1) The head of a public body must refuse to disclose to an applicant (

a) information that would reveal trade secrets of a third party, (

b) financial, commercial, scientific, technical or labour relations information (

i) obtained in confidence, explicitly or implicitly, from a third party, or (ii) that is of a confidential nature and was supplied by a third party in compliance with a lawful requirement, (

c) information the disclosure of which could reasonably be expected to (

i) result in undue financial loss or gain to any person, (ii) prejudice the competitive position of a third party, (iii) interfere with contractual or other negotiations of a third party, or (iv) result in similar information not being supplied to a public body, (

d) information about a third party obtained on a tax return or gathered for the purpose of determining tax liability or collecting a tax, Business interests of third party (

e) a statement of a financial account relating to a third party with respect to the provision of routine services from a public body, (

f) a statement of financial assistance provided to a third party by a prescribed Crown corporation or board, or (

g) information supplied by a third party to support an application for financial assistance mentioned in clause (f).

(2) Despite subsection (1), a head may disclose information described in subsection (1) (

a) with the written consent of the third party to whom the information relates, or 11

(

b) if

an Act or regulation of Alberta or Canada authorizes or requires the disclosure. Personal privacy of third party 12(1) The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party’s personal privacy.

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

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

b) the personal information was compiled and is identifiable as part of an investigation into a possible contravention of law, except to the extent that disclosure is necessary to prosecute the contravention or continue the investigation, (

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

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

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

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

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

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

h) the personal information indicates the third party’s race, religious beliefs, colour, gender, age, ancestry or place of origin.

(3) A disclosure of personal information is not an unreasonable invasion of a third party’s personal privacy if 12

(

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

b) there are compelling circumstances affecting anyone’s health or safety and notice of the disclosure is mailed to the last known address of the third party, (

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

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

section 46, (

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

f) the disclosure reveals details of a licence, permit or other similar discretionary benefit granted to the third party by a public body, but not personal information supplied in support of the application for the benefit, (

g) the disclosure reveals details of a discretionary benefit of a financial nature granted to the third party by a public body, but not personal information supplied in support of the application for the benefit or that is referred to in subsection (2)(c), or (

h) the disclosure reveals financial and other details of a contract to supply goods or services to a public body. Disclosure harmful to individual safety 13(1) The head of a public body may refuse to disclose to an applicant information, including personal information about the applicant, if the disclosure could reasonably be expected to threaten anyone else’s mental or physical health or safety.

(2) The head of a public body may refuse to disclose to an applicant personal information about the applicant if the disclosure could reasonably be expected to threaten the applicant’s mental or physical health or safety. Confidential evaluations14 The head of a public body may refuse to disclose to an applicant personal information that is evaluative or opinion material compiled solely for the purpose of determining the applicant’s suitability, eligibility or qualifications for employment or for the awarding of government contracts or other benefits when the information is provided, explicitly or implicitly, in confidence. 13

Disclosure harmful to law enforcement 15(1) The head of a public body may refuse to disclose information to an applicant if there is a reasonable possibility that disclosure could (

a) harm a law enforcement matter, (

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

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

d) reveal the identity of a confidential source of law enforcement information, (

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

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

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

h) facilitate the commission of an unlawful act or hamper the control of crime, (

i) reveal technical information relating to weapons or potential weapons, (

j) harm the security of any property or system, including a building, a vehicle, a computer system or a communications system, or (

k) reveal information in a correctional record supplied, explicitly or implicitly, in confidence.

(2) The head of a public body may refuse to disclose information to an applicant if the information (

a) is in a law enforcement record and the disclosure could reasonably be expected to expose to civil liability the author of the record or an individual who has been quoted or paraphrased in the record, or (

b) is about the history, supervision or release of an individual who is under the control or supervision of a correctional 14

authority and the disclosure could reasonably be expected to harm the proper control or supervision of that individual.

(3) The head of a public body must refuse to disclose information to an applicant if the information is in a law enforcement record and the disclosure would be an offence under

an Act of Canada. (4) Subsections (1) and (2) do not apply to (

a) a report prepared in the course of routine inspections by an agency that is authorized to enforce compliance with

an Act, or (

b) a report, including statistical analysis, on the degree of success achieved in a law enforcement program unless disclosure of the report could reasonably be expected to interfere with or harm any of the matters referred to in subsection (1) or (2). Disclosure harmful to intergovern­ mental relations 16(1) The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to (

a) harm relations between the Government of Alberta and any of the following or their agencies: (

i) the Government of Canada or a province or territory of Canada; (ii) the council of a municipality or Metis settlement, the board of administrators of a new town, a hospital board, a university, public college or school board or another local authority; (iii) the government of a foreign state; (iv) an international organization of states, or (

b) reveal information received, explicitly or implicitly, in confidence from a government, local authority or organization listed in clause (

a) or its agency.

(2) The head of a public body may disclose information referred to in subsection (1)(

a) only with the consent of the Minister in consultation with the Executive Council.

(3) The head of a public body may disclose information referred (1)(

b) only with the consent of the government, 15

Advice from officials local authority or organization that supplied the information or its agency.

(4) This

section does not apply to information that has been in existence in a record for 25 or more years. 17(1) The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to reveal (

a) advice, proposals, recommendations, analyses or policy options developed by or for a public body or a member of the Executive Council, (

b) consultations or deliberations involving (

i) officers or employees of a public body, (ii) a member of the Executive Council, or (iii) the staff of a member of the Executive Council, (

c) positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the Government of Alberta or a public body, or considerations that relate to those negotiations, (

d) plans that relate to the management of personnel or the administration of a public body that have not yet been implemented, (

e) the contents of draft legislation, regulations and orders, (

f) the contents of agendas or minutes of meetings of an agency, board, commission, corporation, office or other body that is a public body, or (

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

(2) This

section does not apply to information that (

a) has been in existence for 25 or more years, (

b) is a statement of the reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function, 16

Economic and other interests of public bodies (

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

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

d) is a statistical survey, (

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

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

g) is a substantive rule or statement of policy that has been adopted by a public body for the purpose of interpreting

an Act or regulation or administering a program or activity of the public body. 18(1) The head of a public body may refuse to disclose to an applicant information the disclosure of which could reasonably be expected to harm the economic interest of the Government of Alberta or a public body or the ability of the Government to manage the economy, including the following: (

a) trade secrets of the Government of Alberta or a public body; (

b) financial, commercial, scientific, technical or other information in which the Government of Alberta or a public body has a proprietary interest or a right of use and that has monetary value or is reasonably likely to have monetary value; (

c) information the disclosure of which could reasonably be expected to (

i) result in financial loss to, (ii) prejudice the competitive position of, or (iii) interfere with contractual or other negotiations of, the Government of Alberta or a public body; 17

Testing procedures, tests and audits Privileged information (

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

(2) A head may not refuse, under subsection (1), to disclose the results of product or environmental testing carried out by or for a public body, except when the testing was done (

a) for a fee as a service to a person other than a public body, or (

b) for the purpose of developing methods of testing or testing products for possible purchase. 19 The head of a public body may refuse to disclose to an applicant information relating to (

a) testing or auditing procedures or techniques, or (

b) details of specific tests to be given or audits to be conducted, if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. 20 The head of a public body may refuse to disclose to an applicant (

a) information that is subject to any type of legal privilege, including solicitor-client privilege, (

b) information prepared by or for an agent or lawyer of the Minister of Justice and Attorney General or a public body in relation to a matter involving the provision of legal services, or (

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

Disclosure harmful to the conservation of heritage sites, etc. 21 The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to result in damage to or interfere with the conservation of (

a) fossil sites, natural sites or sites that have an anthropological or heritage value, or (

b) any rare, endangered, threatened or vulnerable form of life. Information that is or will be available to the public 22(1) The head of a public body may refuse to disclose to an applicant information that is available to the public or is required to be made available at a future date, whether or not for a fee.

(2) If the head of a public body refuses to disclose information pursuant to subsection (1), the head must inform the applicant of where the information is or will be available. Notifying the third party Division 3 Third Party Intervention 23(1) When the head of a public body is considering giving access to a record that may contain information (

a) that affects the interests of a third party under

section 11, or (

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

section 12, the head must, where practicable and as soon as practicable, give written notice to the third party in accordance with subsection (2).

(2) The notice must (

a) state that a request has been made for access to a record that may contain information the disclosure of which would affect the interests or invade the personal privacy of the third party, (

b) describe the contents of the record, (

c) state that, within 60 days after the notice is given, the third party may, in writing, consent to the disclosure or make representations to the public body explaining why the information should not be disclosed, and (

d) include a copy of the record or part of it containing the information in question. 19

Time limit and notice of decision Definition Right to ask for a review

(3) When, in the opinion of the head, it is not practicable to provide notice to a third party under subsection (1), the head may dispense with the giving of notice.

(4) When notice is given under subsection (1), the head of the public body must also give the applicant a notice stating that (

a) the record requested by the applicant may contain information the disclosure of which would affect the interests or invade the personal privacy of a third party, and (

b) the third party is being given an opportunity to make representations concerning disclosure. 24(1) Within 90 days after notice is given pursuant to

section 23(1), the head of the public body must decide whether or not to give access to the record or to part of the record, but no decision may be made before the earlier of (a) 61 days after the day notice is given, or (

b) the day a response is received from the third party.

(2) On reaching a decision under subsection (1), the head of the public body must give written notice of the decision, including reasons for the decision, to the applicant and the third party.

(3) If the head of the public body decides to give access to the record or part of the record, the notice must state that the applicant will be given access unless the third party asks for a review under

section 26 within 30 days after the day notice is given under subsection (2).

(4) If the head of the public body decides not to give access to the record or part of the record, the notice must state that the applicant may ask for a review under

section 26 within 30 days after the day notice is given under subsection (2). Division 4 Review and Appeal 25 In this Division, “Court” means the Court of Queen’s Bench. Review by Commissioner 26(1) A person who makes a request to the head of a public body for access to a record or for correction of personal information may 20

How to ask for a review Notifying others of review Review by Commissioner ask the Commissioner to review any decision, act or failure to act of the head that relates to that request.

(2) A third party may ask the Commissioner to review a decision under

section 24 to give access to a record or part of a record that affects the interests or invades the personal privacy of the third party. 27(1) To ask for a review by the Commissioner, a written request must be delivered to the Commissioner.

(2) A request for a review of a decision of the head of a public body must be delivered within 30 days after the person asking for the review is given notice of the decision. 28 On receiving a request for a review, the Commissioner must give a copy to the head of the public body concerned and (

a) the applicant, if a third party asked for the review, or (

b) a third party whose interests may be affected under

section 11 or whose personal privacy may be invaded by the disclosure under

section 12, if the applicant asked for the review. 29(1) The Commissioner must conduct a review and may decide all questions of fact and law arising in the course of the review.

(2) Despite subsection (1), the Commissioner may refuse to conduct a review or may discontinue a review if, in the opinion of the Commissioner, the request for a review (

a) is frivolous or vexatious, (

b) is not made in good faith, (

c) concerns a trivial matter, or (

d) amounts to an abuse of the right to access.

(3) Except when a review is not conducted or is discontinued under subsection (2), a review must be completed within 180 days after the receipt by the Commissioner of the request for the review. 21

Conduct of review 30(1) Every review must be conducted in private.

(2) The person who asked for the review, the head of the public body concerned and any other person given a copy of the request for a review under

section 28(

a) or (

b) must be given an opportunity to make representations to the Commissioner during the review.

(3) No one is entitled as of right to be present during a review or (

a) to have access to, or (

b) to comment on, representations made to the Commissioner by any other person. Duty to establish evidence 31(1) At a review of a decision to refuse an applicant access to all or part of a record, it is up to the head of the public body to establish that the applicant has no right of access to the record or part.

(2) At a review of a decision to refuse an applicant access to all or part of a record that contains personal information about a third party, it is up to the applicant to establish that disclosure of the information would not be contrary to this Act or the regulations.

(3) At a review of a decision to give an applicant access to all or part of a record containing information that relates to a third party, (

a) in the case of personal information, it is up to the applicant to establish that disclosure of the information would not be contrary to this Act or the regulations, and (

b) in any other case, it is up to the third party to establish that the applicant has no right of access under this Act to the record or part. Power of Commissioner 32 Despite any other Act or any privilege available at law, the Commissioner may, after receiving a request for a review, require the production of and examine any record to which this Act applies that is in the custody or under the control of the public body concerned. Commissioner to report33 On completing a review, the Commissioner must (

a) prepare a written report setting out the Commissioner’s recommendations with respect to the matter and the reasons for the recommendations, and 22

(

b) send a copy of the report to the person who asked for the review, the head of the public body concerned and any other person given a copy of the request for a review under

section 28(

a) or (b). Decision of head 34 Within 30 days after receiving the report of the Commissioner, the head of the public body concerned must (

a) make a decision to follow the recommendation of the Commissioner or make any other decision the head considers appropriate, and (

b) give written notice of the decision to the Commissioner, the person who asked for the review and any other person given a copy of the request for a review under

section 28(

a) or (b). Appeal to Court of Queen’s Bench Appeal procedure 35(1) An applicant or third party may appeal a decision of a head made under

section 34 to the Court by originating notice, which must be served on the head within 30 days of the date the appellant receives the written notice of the decision.

(2) A head who has refused an application for access to a record or part of a record must, as soon as is reasonably practicable after receipt of the originating notice, give written notice of the appeal to any third party to whom a report was sent pursuant to

section 33(b).

(3) A head who has granted an application for access to a record or part of a record must, as soon as is reasonably practicable after receipt of the originating notice, give written notice of the appeal to the applicant.

(4) An applicant or a third party who has been given notice of an appeal under this

section may appear as a party to the appeal.

(5) The Commissioner is not a party to an appeal. Powers of Court on appeal 36(1) On an appeal, the Court must make its own determination or the matter and may examine in private any record to which this Act applies in order to determine on the merits whether the information in the record may be withheld pursuant to this Act.

(2) Section 31 applies to proceedings on an appeal. 23

(3) The Court must take every reasonable precaution, including, where appropriate, receiving representations without notice to others and conducting hearings in private, to avoid disclosure by the Court or any person of (

a) any information or other material if the nature of the information or material could justify a refusal by a head to give access to a record or part of a record, or (

b) any information as to whether a record exists if the head, in refusing to give access, does not indicate whether the record exists.

(4) The Court may disclose to the Minister of Justice and Attorney General information that relates to the commission of an offence if, in the opinion of the Court, there is evidence of the commission of the offence. Decisions of Court 37(1) If the Court determines that, under this Act, the head of a public body is required to give access to a record or part of it, the Court must order the head to give the applicant access to the record or the part of it, subject to any conditions the Court considers appropriate.

(2) If the Court determines that, under this Act, the head of a public body is required to refuse access to a record or part of it, the Court must order the head not to give access to the record or the part of it. Purpose of collection of information

PART 2 PROTECTION OF PRIVACY Division 1 Collection of Personal Information 38 No personal information may be collected by or for a public body unless (

a) the collection of the information is expressly authorized by

an Act or a regulation under

an Act, (

b) the information is collected for the purposes of law enforcement, or (

c) the information relates directly to and is necessary for an existing program or activity of the public body or for a proposed program or activity where collection of the 24

information has been approved by the head in consultation with the Executive Council. Manner of collection of information 39(1) A public body must, where reasonably practicable, collect personal information directly from the individual the information is about unless (

a) another method of collection is authorized by (

i) that individual, or (ii) another Act or a regulation under another Act, (

b) the information may be disclosed to the public body under Division 3 of this Part, (

c) the information is collected for the purpose of law enforcement, (

d) the information is collected for the purpose of collecting a fine or a debt owed to the Government of Alberta or a public body, (

e) the information concerns the history, release or supervision of an individual under the control or supervision of a correctional authority, (

f) the information is collected for the purpose of providing legal services, (

g) the information (

i) is necessary in order to determine the eligibility of an individual to participate in a program of or receive a benefit, product or service from the Government of Alberta or a public body and is collected in the course of processing an application made by or on behalf of the individual the information is about, or (ii) is necessary in order to verify the eligibility of an individual who is participating in a program of or receiving a benefit, product or service from the Government of Alberta or a public body and is collected for that purpose, (

h) the information is collected for the purpose of informing the Public Trustee about potential clients, 25

Protection of personal information Use of personal information Duties of a public body (

i) the information is collected for the purpose of enforcing a maintenance order under the Maintenance Enforcement Act, or (

j) the information is collected for the purpose of managing or administering personnel of the Government of Alberta or a public body.

(2) A public body that collects personal information that is required by subsection (1) to be collected directly from the individual the information is about must inform the individual of (

a) the purpose for which the information is collected, and (

b) the specific legal authority for the collection, unless the regulations provide that this subsection does not apply to that type of information. (3) Subsections (1) and (2) do not apply if, in the opinion of the head of the public body concerned, compliance with them might result in the collection of inaccurate information or defeat the purpose or prejudice the use for which the information is collected. 40 The head of a public body must protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal. Division 2 Use of Personal Information 41 A public body may use personal information only (

a) for the purpose for which that information was collected or compiled, or for a use consistent with that purpose, (

b) if the individual the information is about has identified the information and consented, in the prescribed manner, to the use, or (

c) for a purpose for which that information may be disclosed to that public body under Division 3 of this Part. 42 If a public body uses an individual’s personal information to make a decision that directly affects the individual, the public body must 26

(

a) retain the information for at least one year after using it so that the individual has a reasonable opportunity of obtaining access to it, and (

b) make every reasonable effort to ensure that the information is accurate and complete. Right of correction 43(1) An individual who believes there is an error or omission in his or her personal information may request the head of the public body that has the information in its custody or under its control to correct the information.

(2) If a correction is not made in response to a request under subsection (1), the head of the public body must make a note of the requested correction on or cross-referenced to the information to which it relates.

(3) Within 30 days after the request is received, the head must give written notice to the individual that (

a) the correction has been made, or (

b) a notation pursuant to subsection (2) has been made.

(4) Section 9 applies to the period set out in subsection (3). Division 3 Disclosure of Personal Information Disclosure in accordance with

Part 1 or this Division 44 A public body may disclose personal information only (

a) in accordance with

Part 1, or (

b) in accordance with this Division. When personal information may be disclosed 45 A public body may disclose personal information (

a) for the purpose for which the information was collected or compiled or for a use consistent with that purpose, (

b) if the individual the information is about has identified the information and consented, in the prescribed manner, to its disclosure, (

c) for the purpose of enforcing a legal right that the Government of Alberta or a public body has against any person, 27

(

d) for the purpose of collecting a fine or debt owing to, or making a payment owing by, the Government of Alberta or a public body, (

e) to a public body or a law enforcement agency for law enforcement purposes, (

f) when disclosure is by the Minister of Justice and Attorney General or an agent or lawyer of the Minister of Justice and Attorney General to a place of lawful detention, (

g) for the purpose of managing or administering personnel of the Government of Alberta or a public body, (

h) to the Director of Maintenance Enforcement for the purpose of enforcing a maintenance order under the Maintenance Enforcement Act, (

i) to the Commissioner, the Ombudsman or the Ethics Commissioner, if the information is necessary for the performance of the duties of that officer, (

j) to the Auditor General, or to any other prescribed person, for audit purposes, (

k) to an officer or employee of the public body or to a member of the Executive Council, if the information is necessary for the performance of the duties of the officer or employee or the member of the Executive Council, (

l) for use in the provision of legal services to the Government of Alberta or a public body, (

m) to the Provincial Archives of Alberta for archival purposes, (

n) for the purpose of complying with a subpoena or warrant issued or an order made by a court, person or body that has the authority to compel the production of information or with a rule of court that relates to the production of information, (

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

p) for the purpose of complying with a law of Alberta or Canada or with a treaty, written agreement or arrangement made under a law of Alberta or Canada, (

q) when necessary to protect the mental or physical health or safety of any individual, 28

Disclosure for research (

r) so that the next of kin of an injured, ill or deceased individual may be contacted, (

s) for any purpose when, in the opinion of the head, (

i) the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or (ii) disclosure would clearly benefit the individual to whom the information relates, (

t) when the information is available to the public, (

u) for any purpose in accordance with any Act that authorizes or requires the disclosure, or (

v) to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem. 46 A public body may disclose personal information for a research purpose, including statistical research, only if (

a) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form, (

b) any record linkage resulting from the disclosure is not harmful to the individuals the information is about and the benefits to be derived from the record linkage are clearly in the public interest, (

c) the head of the public body concerned has approved conditions relating to the following: (

i) security and confidentiality; (ii) the removal or destruction of individual identifiers at the earliest reasonable time; (iii) the prohibition of any subsequent use or disclosure of that information in individually identifiable form without the express authorization of that public body, and (

d) the person to whom the information is disclosed has signed an agreement to comply with the approved conditions, this 29

Act and any of the public body’s policies and procedures relating to the confidentiality of personal information.

PART 3 GENERAL Fees 47(1) The head of a public body may require an applicant who makes a request under

section 5 to pay to the public body fees for services as provided for in the regulations.

(2) If an applicant is required to pay fees for services, the public body must give the applicant an estimate of the total fee before providing the services. Manner of giving notice48 Where this Act requires notice to be given to a person, it is to be given (

a) by sending it to that person by prepaid mail to the last known address of that person, (

b) by personal service, or (

c) by substitutional service if so authorized by the Commissioner. Exercise of rights by other persons 49(1) Any right or power conferred on an individual by this Act may be exercised (

a) if the individual is deceased, by the individual’s personal representative if the exercise of the right or power relates to the administration of the individual’s estate, (

b) if a guardian or trustee has been appointed for the individual under the Dependent Adults Act, by the guardian or trustee if the exercise of the right or power relates to the powers and duties of the guardian or trustee, (

c) if a power of attorney has been granted by the individual, by the attorney if the exercise of the right or power relates to the powers and duties of the attorney conferred by the power of attorney, (

d) if the individual is a minor, by a guardian of the minor in circumstances where, in the opinion of the head of the public body concerned, the exercise of the right or power by the guardian would not constitute an unreasonable invasion of the privacy of the minor, or 30

(

e) by any person with written authorization from the individual to act on the individual’s behalf.

(2) Any notice required to be given to an individual under this Act may be given to the person entitled to exercise the individual's rights or powers referred to in subsection (1). Power to authorize a public body to disregard requests 50 If the head of a public body asks, the Commissioner may authorize the public body to disregard requests under

section 5 that (

a) are frivolous or vexatious, (

b) are not made in good faith, (

c) concern a trivial matter, (

d) amount to an abuse of the right to access, or (

e) because of their repetitious or systematic nature, would unreasonably interfere with the operations of the public body. Proceedings prohibited 51 No action lies against the Government of Alberta, a public body or the head or an officer or employee of a public body for (

a) the giving or withholding, in good faith, of any information pursuant to this Act or any consequences that flow from the giving or withholding of that information, or (

b) the failure to give any notice required pursuant to this Act if reasonable care is taken to give the required notice. Proceedings involving Commissioner prohibited 52(1) No action lies against the Commissioner or a former Commissioner or any other person who is or was employed or engaged by the Office of the Information and Privacy Commissioner for anything done in good faith under this Act.

(2) No action lies against a person who in good faith provides information or gives evidence in a proceeding under Division 4 of

Part 1 to the Commissioner or to a person employed or engaged by the Office of the Information and Privacy Commissioner. Confidentiality53(1) The Commissioner must not disclose any information that comes to the knowledge of the Commissioner in the exercise of the powers, performance of duties or carrying out of the functions of the Commissioner under this Act 31

Non- compellability Immunity from prosecution (2) Subsection (1) applies, with any necessary modification, to persons employed or engaged by the Office of the Information and Privacy Commissioner.

(3) Despite subsection (1), the Commissioner may disclose (

a) in the course of a review, any matter that the Commissioner considers necessary to disclose to facilitate the review, and (

b) in a report prepared pursuant to this Act, any matter that the Commissioner considers necessary to disclose to establish grounds for the findings and recommendations in the report.

(4) When making a disclosure pursuant to subsection (3), the Commissioner must not disclose (

a) any information or other material if the nature of the information or material could justify a refusal by the head of a public body to give access to a record or part of a record, or (

b) any information about whether a record exists if the head, in refusing to give access, has not indicated whether the record exists.

(5) Despite subsection (1), the Commissioner may disclose to the Minister of Justice and Attorney General information that relates to the commission of an offence if, in the opinion of the Commissioner, there is evidence of the commission of the offence. 54(1) The Commissioner may not be compelled to give evidence in a court or in a proceeding of a judicial nature concerning any information that comes to the knowledge of the Commissioner in the exercise of the powers, performance of the duties or carrying out of the functions of the Commissioner under this Act. (2) Subsection (1) applies, with any necessary modification, to persons employed or engaged by the Office of the Information and Privacy Commissioner. 55 No person is liable to prosecution for an offence under any Act or regulation by reason only of that person’s compliance with a requirement or recommendation of the Commissioner pursuant to this Act. 32

Offences56(1) Every person who knowingly collects, uses or discloses personal information in contravention of this Act or the regulations commits an offence and is liable to a fine of not more than $5000.

(2) Every person who wilfully (

a) obstructs the Commissioner or any other person in the performance of the powers, duties or functions of the Commissioner or other person under this Act, (

b) fails to comply with any lawful requirement of the Commissioner or any other person under this Act, or (

c) makes any false statement to, or misleads or attempts to mislead, the Commissioner or any other person in the performance of the powers, duties or functions of the Commissioner or other person under this Act, commits an offence and is liable to a fine of not more than $5000. Role of Ombudsman 57 The Ombudsman may not investigate any matter that the Commissioner has the power to review under this Act. Crown bound58 The Crown in right of Alberta is bound by this Act.

PART 4 ADMINISTRATION Definition59 In this Part, “Standing Committee” means the Standing Committee on Legislative Offices of the Legislative Assembly. Division 1 Information and Privacy Commissioner Appointment of Commissioner 60(1) The Lieutenant Governor in Council, on the recommendation of the Legislative Assembly, must appoint an Information and Privacy Commissioner to carry out the duties and functions set out in this Act.

(2) The Commissioner is an officer of the Legislature.

(3) The Commissioner may not be a member of the Legislative Assembly. 33

Term of office61(1) Except as provided for in

section 62, the Commissioner holds office for a term of 5 years.

(2) A person holding office as Commissioner continues to hold office after the expiry of that person’s term of office until that person is reappointed, a successor is appointed or a period of 6 months has expired, whichever occurs first.

(3) A person is eligible for re-appointment as Commissioner. Resignation, removal or suspension of Commissioner 62(1) The Commissioner may resign at any time by notifying the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from Alberta, by notifying the Clerk of the Legislative Assembly.

(2) The Lieutenant Governor in Council must remove the Commissioner from office or suspend the Commissioner for cause or incapacity on the recommendation of the Legislative Assembly.

(3) If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the Commissioner for cause or incapacity on the recommendation of the Standing Committee. Acting Commissioner 63(1) The Lieutenant Governor in Council, on the recommendation of the Standing Committee, may appoint an acting Commissioner if (

a) the office of Commissioner is or becomes vacant when the Legislative Assembly is not sitting, (

b) the Commissioner is suspended when the Legislative Assembly is not sitting, or (

c) the Commissioner is removed or suspended or the office of the Commissioner becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Assembly under

section 60(1) before the end of the session.

(2) The Lieutenant Governor in Council may appoint an acting Commissioner if the Commissioner is temporarily absent because of illness or for another reason.

(3) An acting Commissioner holds office until (

a) a person is appointed under

section 60(1), (

b) the suspension of the Commissioner ends, or 34

(

c) the Commissioner returns to office after a temporary absence, whichever is the case and whichever occurs first. Remuneration64 The Commissioner must be remunerated as determined by the Standing Committee, and it must review that remuneration at least once a year. Oath 65(1) Before beginning the duties of office, the Commissioner must take an oath to faithfully and impartially perform the duties of the office and not to disclose any information received by the Office of the Information and Privacy Commissioner under this Act except as provided in this Act.

(2) The oath must be administered by the Speaker of the Legislative Assembly or the Clerk of the Legislative Assembly. Office of the Commissioner 66(1) There may be a part of the public service of Alberta called the Office of the Information and Privacy Commissioner consisting of the Commissioner and those persons employed pursuant to the Public Service Act that are necessary to assist the Commissioner in carrying out the Commissioner’s duties and functions under this or any other enactment.

(2) The Commissioner may engage the services of any persons necessary to assist the Commissioner in carrying out the Commissioner’s duties and functions.

(3) On the recommendation of the Commissioner, the Standing Committee may order that (

a) any regulation, order or directive made under the Financial Administration Act, or (

b) any regulation, order, directive, rule, procedure, direction, allocation, designation or other decision under the Public Service Act, does not apply to, or is varied in respect of, the Office of the Information and Privacy Commissioner or any particular employee or class of employees in the Office.

(4) An order made under subsection (3)(

a) operates despite

section 2 of the Financial Administration Act.

(5) The Regulations Act does not apply to order made under subsection (3). 35

(6) The chair of the Standing Committee must lay a copy of each order made under subsection (3) before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the start of the next sitting.

(7) Every person employed or engaged by the Office of the Information and Privacy Commissioner must, before beginning to perform duties under this Act, take an oath, to be administered by the Commissioner, not to disclose any information received by that person under this Act except as provided in this Act. Financing of operations 67(1) The Commissioner must submit to the Standing Committee in respect of each fiscal year an estimate of the public money that will be required to be provided by the Legislature to defray the several charges and expenses of the Office of the Information and Privacy Commissioner in that fiscal year.

(2) The Standing Committee must review each estimate submitted pursuant to subsection (1) and, on the completion of the review, the chair of the Committee must transmit the estimate to the Provincial Treasurer for presentation to the Legislative Assembly. Delegation by Commissioner 68(1) The Commissioner may delegate to any person any duty, power or function of the Commissioner under this Act, except (

a) the power to delegate under this section, (

b) the power to examine information described in

section 15, and (

c) the duties and powers specified in sections 29, 48(

c) and 50.

(2) A delegation under subsection (1) must be in writing and may contain any conditions or restrictions the Commissioner considers appropriate. General powers of Commissioner 69 The Commissioner may (

a) engage in or commission research into matters affecting the carrying out of the purposes of this Act, (

b) receive representations about the operation of this Act, and (

c) offer comment on the implications for privacy protection of proposed legislative schemes or government programs. 36

Annual report70(1) The Commissioner must prepare and submit an annual report to the Speaker of the Legislative Assembly, and the Speaker must lay the report before the Assembly if it is then sitting or, if it is not then sitting, within 15 days after the start of the next sitting.

(2) The annual report of the Commissioner must provide details of the activities of the office in relation to the Commissioner’s responsibilities pursuant to this Act during that year, including information concerning any instances where the Commissioner’s recommendations made after a review have not been followed and any recommendations made under

section 69. Division 2 Other Matters Authorization71

(1) The head of a public body may authorize any person to exercise a power or perform a duty of the head under this Act, (

a) including the power to form a belief about something or make other determinations with respect to matters coming under this Act, but (

b) not including the power to authorize another person to exercise or perform any of the head’s powers and duties under this Act.

(2) An authorization pursuant to subsection (1) must be in writing and may contain any limitations, restrictions, conditions or requirements that the head considers necessary.

(3) A reference to the head of a public body in this Act or the regulations includes a person authorized by a head under this section. Directory of public bodies and records 72(1) The Minister must have produced, and updated as reasonably required, a directory containing (

a) a list of all public bodies, (

b) a general description of the categories of records in the custody or under the control of each public body, and (

c) the title and address of the appropriate person for each public body to whom requests for access to records should be sent.

(2) A copy of the directory must be made available at any place that the Minister considers appropriate. 37

Access to manuals 73(1) Within 2 years after this

section comes into force, the head of every public body must provide facilities at (

a) the headquarters of the public body, and (

b) any offices of the public body that, in the opinion of the head, are reasonably practicable, where the public may inspect any manual, handbook or other guideline used in decision-making processes that affect the public by employees of the public body in administering or carrying out programs or activities of the public body.

(2) Any information in a record that the head of a public body would be authorized to refuse to give access to pursuant to this Act may be excluded from the manuals, handbooks or guidelines that may be inspected pursuant to subsection (1). Regulations74 The Lieutenant Governor in Council may make regulations (

a) designating agencies, boards, commissions, corporations, officers or other bodies as public bodies; (

b) designating the head of a public body that is not a department, branch or office of the Government of Alberta; (

c) prescribing procedures to be followed in making, transferring and responding to requests under this Act; (

d) respecting fees to be paid under this Act and providing for circumstances when fees may be waived in whole or in part; (

e) authorizing the disclosure of information relating to the mental or physical health of individuals to medical or other experts to determine, for the purposes of

section 13, if disclosure of that information could reasonably be expected to threaten the mental or physical health or safety of those individuals; (

f) prescribing procedures to be followed or restrictions considered necessary with respect to the disclosure and examination of information referred to in clause (e); (

g) prescribing special procedures for giving individuals access to personal information about their physical or mental health and regulating the way in which that access is given; 38

(

h) providing that other Acts or regulations, or any provisions of them, prevail despite this Act; (

i) exempting any information or category of information from the application of

section 39(2); (

j) prescribing ways in which an individual may give consent; (

k) prescribing persons to whom personal information may be disclosed for audit purposes for the purposes of

section 45(j); (1) respecting any matter that is to be included in a notice required by this Act; (

m) prescribing forms for the purposes of this Act; (

n) prescribing any other matter or thing required or authorized by this Act to be prescribed in the regulations; (

o) defining, enlarging or restricting the meaning of any term used in this Act but not defined in this Act; (

p) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.

PART 5 CONSEQUENTIAL AND COMMENCEMENT Amends RSA 1980 cA-49 75 The Auditor General Act is amended in

section 1(

c) by striking out “and” at the end of subclause (iii), by adding “and” at the end of subclause (iv) and by adding the following after subclause (iv): (

v) the Information and Privacy Commissioner and the staff of the Office of the Information and Privacy Commissioner; Amends SA 1991 cC-22.1 76 The Conflicts of Interest Act is amended in

Part 2 of the

Schedule by adding the following: 5. The Information and Privacy Commissioner Amends SA 1983 cD-25.1 77 The Department of Public Works, Supply and Services Act is amended by repealing

section 21(2)(c). 39

Amends RSA 1980 cF-9 78 The Financial Administration Act is amended (

a) in

section 1(1)(

c) by striking out “and” at the end of subclause (vii), by adding “and” at the end of subclause (viii) and by adding the following after subclause (viii): (ix) the Office of the Information and Privacy Commissioner; (

b) in

section 2(1) by adding “, the Access to Information and Protection of Privacy Act” after “Alberta Bill of Rights” ; (

c) in

section 33(1) (

i) in clause (

b) by striking out “and” at the end of subclause (iv), by adding “and” at the end of subclause (

v) and by adding the following after subclause (v): (vi) the Office of the Information and Privacy Commissioner; (ii) in clause (

c) by striking out “and” at the end of subclause (iv), by adding “and” at the end of subclause (

v) and by adding the following after subclause (v): (vi) the Information and Privacy Commissioner with respect to the Office of the Information and Privacy Commissioner; (iii) in clause (

d) by striking out “and” at the end of subclause (iv), by adding “and” at the end of subclause (

v) and by adding the following after subclause (v): (vi) the Information and Privacy Commissioner with respect to the Office of the Information and Privacy Commissioner; Amends RSA 1980 cP-31 79 The Public Service Act is amended in

section 1 (

a) in clause (

c) by adding the following after subclause (iv.1): (iv.2) the Information and Privacy Commissioner with respect to the Office of the Information and Privacy Commissioner, (

b) in clause (

d) by adding the following after subclause (iv.1): 40

Coming into force (iv.2) the Information and Privacy Commissioner with respect to the Office of the Information and Privacy Commissioner, 80 This Act, except

section 3(2), comes into force on Proclamation. 41 Title: 1993 (23rd, 1st) Bill 1, Access to Information and Protection of Privacy Act, 1993