Bill 216 — (Second Session) First Session, 18Th Legislature, 24 Elizabeth Ii the Legislative Assembly of Alberta Bill 216 the Right To Information Act M& Non,Ey (Legislature 18, Session 1)

L18 S1 5559

Alberta — Bills

1975 Bill 216 (Second Session) First Session, 18th Legislature, 24 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 216 THE RIGHT TO INFORMATION ACT M& Non,EY First Reading Second Reading .. Third Reading

Bill 216 ~lfT. Notley BILL 216 1975 (Second Session) THE RIGHT TO INFORMATION ACT (Assented to , 1975) HER l\fAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.

In this Act, (a) "public business" includes any activity or operation carried on or performed in Alberta or el~cwhere by the government of Alberta, by any department, branch, board, commission or agency of that gov ernment, by any court. or other tribunal of Alberta, or by any other body or authority performing a function of the government of Alberta; and (b) "record" indicates the whole or any part of any book, document, paper, card, tape or other thing on or in which information is ,vritten, recorded, stored or reproduced and, where any record does not convey the information contained in the record by reason of its having been kept in a form that requires explanation, includes a transcript of the explanation of the record. 2.

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

Section 2 shall not apply to any record or part thereof (

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

b) made in the cour~c of an investigation or inquiry in the administration of the law or in the course of obtaining or giving legal advice or in contempla tion of a legal proceeding;

Explanatory Notes I. DefinitlolU. 2. This

section gives every Albertan the right to inspect records made in the cow·se or public business. 3. This

section provides certain exc~ptions. whiC'h arc the only grounds upon which a denial of the right to infonnation can be based.

(

c) where the inf01·mation on record is elsewhpre pro virlpd or available or. in the d;~crf!tion of anv public offici:ll. ma~~ be made a\'ailab!e under an~1' ~tatutory or other law. except where ~l1ch public official has declined tf) make it availahle. (

d) whprc the information on record i~ ~o trivial in public interest that the co~t to pro\·jde or to make the t'ecord available is not in the public inter~c;t; (

e) where the application therefor i~ made for a frivo lOlls or \'exatioll~ Jlurpose: (

f) where the information on record is of a confidential nature exchanJI~d b~l puhlic officials within the g'overnment or bet wren public officia's of the gov ernn~(!nt ~nri an~~ other government and i~ expressed to be confidpntinl : or (

g) where the infol'm;lti('ln on record relat~s to the pl-ivate affail's of any person or organization and. upon a balance of convenience between privatp. and public interest, it is not in the puhlic inter~~t to provide or to make t.h~ recOl·d available . • j.

(1) Any person entitled under ~cction 2 who applies to the ~ove.·nment for n record of public hn~iness and is d('nied in writing or. within a reasonable time nfter ap plication made, is not providecl with a cony of such record or h:a~ not had such record made available to h1m (OJ inspection, ma:\~ anply to a .indsre of the Supreme Court of Alberta for an order that the t!C)vernment comply with the application and the judge shall so order.

(2) An order marie uncler this

section sh;tll he served unon the S!overnment hy mailinc:t' a copy of the orelm' to the Deputv :\fini~tcr of the Rxecutive Council at his office by regi~tered letter.

(3) If, within 1" cl~a1" days after the order is so mailed. the p.'overnment files with the court a reply that the record is priviletred under ~r('tion 3, together with particulars in ~mpport thereof, proceedings upon the order shall thereby he stayed.

(4) The judge shall examine and consider the reply and the statement of particular~ and shall thereafter affirm or vacate the order made unde .. Bl1 bsection (1) or amend or vary the terms thereof as he deems best in the public interest. 5.

(1) The government may, in any case where privilege is claimed under paragraph (~) of

section 3, file the state ment of particulars in support of such claim of privilege with the reply but separately in a sealed envelope, 2

.t. Provides for court pl'ocecdings whel'e right to information is denied. d. Proceedings where privacy is claimed. 2

(2) The judf(e shan peruse the statement of particulars and may order it to be resealed or to be communicated to the person who applied for the order or to be otherwise dealt with as he sees fit. 6. No appeal lies from any order made under this Act and no costs or disbursements are allowable or fees payable on the proceedings. '1. Upon an application made under

section 2, the gov ernment shaH appoint a member or other official of the government to represent and to be responsible for and in behalf of the government in all proceedings upon the appli cation; and the person so appointed shall sign any denial of such application or any reply of privilege. 8.

(1) Every person who violates or fails to comply with any provision of this Act or any order made by a judge pursuant to this Act is guilty of an offence and is liable on conviction to imprisonment for a term not ex ceeding five years.

(2) Any proceeding under this

section may be instituted at any time within six months after the time when the subject matter of the proceeding arose. 9. Nothing in this Act shall be deemed to abrogate, abridge or infringe any of the privileges, immunities and powers held, enjoyed and exercised by a :l\Iember of the Legislative Assembly of Alberta. 10. This Act shall come into force on the day upon which it is assented to. 3

8. No appeal 7. Government appoints representative. 8.

(1) Penalties.

(2) Time Limit. 9. Allows continuation of privileges. with ~gard to government information which M.L.A.'s enjoy ove.· and above the provisions of this Act with respect to all citizens. 3 Title: 1975 (18th, 1st) Bill 216, The Right to Information Act

Document details

Collection	Alberta — Bills
Citation	L18 S1 5559
Type	bill
Volume / chapter	L18 S1 5559
Language	en
Format	json
Source	PROVINCIAL
Identifier	ffc927f5ea47a7fc8027b71b2c02543e6aa8db00

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