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                                This Act is current to January 19, 2022
                                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
                                1Definitions
                                2Purposes of this Act
                                3Application
                                Part 2 — Freedom of Information
                                Division 1 — Information Rights and How to Exercise Them
                                4Information rights
                                5How to make a request
                                6Duty to assist applicants
                                7Time limit for responding
                                8Contents of response
                                9How access will be given
                                10Extending the time limit for responding
                                11Transferring a request
                                Division 2 — Exceptions
                                12Cabinet and local public body confidences
                                13Policy advice or recommendations
                                14Legal advice
                                15Disclosure harmful to law enforcement
                                16Disclosure harmful to intergovernmental relations or negotiations
                                17Disclosure harmful to the financial or economic interests of a public body
                                18Disclosure harmful to the conservation of heritage sites, etc.
                                18.1Disclosure harmful to interests of an Indigenous people
                                19Disclosure harmful to individual or public safety
                                20Information that will be published or released within 60 days
                                21Disclosure harmful to business interests of a third party
                                22Disclosure harmful to personal privacy
                                22.1Disclosure of information relating to abortion services
                                Division 3 — Notice to Third Parties
                                23Notifying the third party
                                24Time limit and notice of decision
                                Division 4 — Public Interest Paramount
                                25Information 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
                                25.1Unauthorized collection, use and disclosure of personal information prohibited
                                26Purpose for which personal information may be collected
                                27How personal information is to be collected
                                27.1When personal information is not collected
                                28Accuracy of personal information
                                29Right to request correction of personal information
                                30Protection of personal information
                                30.1-30.2Repealed
                                30.3Whistle-blower protection
                                30.4Repealed
                                30.5Notification of unauthorized disclosure
                                31Retention of personal information
                                31.1Repealed
                                Division 2 — Use and Disclosure of Personal Information by Public Bodies
                                32Use of personal information
                                33Disclosure of personal information
                                33.1Disclosure outside of Canada
                                33.2Repealed
                                33.3Disclosure of personal information in records available to public without request
                                34Definition of consistent purpose
                                35-36Repealed
                                Division 3 — Data-linking Programs
                                36.1Data-linking programs
                                Part 4 — Office and Powers of Information and Privacy Commissioner
                                37Appointment of commissioner
                                38Resignation, removal or suspension of commissioner
                                39Acting commissioner
                                40Salary, expenses and benefits of commissioner
                                41Staff of commissioner
                                42General powers of commissioner
                                43Power to authorize a public body to disregard a request
                                44Powers of commissioner in conducting investigations, audits or inquiries
                                44.1Maintenance of order at hearings
                                44.2Contempt proceeding for uncooperative person
                                45Statements made to the commissioner not admissible in evidence
                                46Protection against libel or slander actions
                                47Restrictions on disclosure of information by the commissioner and staff
                                48Protection of commissioner and staff
                                49Delegation by commissioner
                                50Role of Ombudsperson
                                51Annual report of commissioner
                                Part 5 — Reviews and Complaints
                                Division 1 — Reviews by the Commissioner
                                52Right to ask for a review
                                53How to ask for a review
                                54Notifying others of review
                                54.1Order for severing of information from records
                                55Mediation may be authorized
                                56Inquiry by commissioner
                                57Burden of proof
                                58Commissioner's orders
                                59Duty to comply with orders
                                59.01Enforcement of orders of commissioner
                                Division 2 — Investigations and Reviews by Adjudicator
                                59.1References to commissioner
                                60Adjudicator to investigate complaints and review decisions
                                60.1Adjudicator may authorize commissioner to disregard requests
                                61Powers, duties and protections of adjudicator
                                62Right to ask for a review
                                63How to ask for a review
                                64Notifying others of review
                                65Conduct and outcome of the review
                                Part 5.1 — Offences
                                65.1Offence Act
                                65.2Offence to wilfully mislead, obstruct or fail to comply with commissioner
                                65.3Offence to wilfully evade access provisions
                                65.4Privacy offences
                                65.5Corporate liability
                                65.6Penalties
                                65.7Time limit for laying an information to commence a prosecution
                                Part 6 — General Provisions
                                66Delegation by the head of a public body
                                67Consultative committee
                                68Annual report of minister
                                69Personal information directories, privacy impact assessments and information-sharing agreements
                                69.1Public information regarding health information banks
                                69.2Provincial identity information services provider
                                70Certain records available without request
                                71Head of public body must establish categories of records available without?request
                                71.1Minister may establish categories of records available without?request
                                72Repealed
                                73Protection of public body from legal suit
                                73.1Recovery of personal information
                                73.2Court order for return of personal information
                                74-74.1Repealed
                                75Fees
                                76Power to make regulations
                                76.1Ministerial regulation making power
                                77Power to make bylaws
                                78Appropriation
                                79Repealed
                                80Review of Act
                                81Right to disclose preserved
                                Schedule 1
                                Schedule 2
                                Schedule 3
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