HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by repealing the definition of "day" and replacing it with the following definition:

"day" means calendar day, and includes Saturdays, Sundays, and holidays.

2 The definition of "public body" in schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by:

(a) deleting the word "or" from the end of clause (b),

(b) adding the word "or" to the end of clause (c), and

(c) adding the following clause:

(c.1) a designated quasi-public body

3 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following "public bodies" and corresponding "heads of public bodies":

4 Section 13 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by:

(a) adding "if that information would reveal a suggested course of action for acceptance or rejection in making a decision or formulating a policy." at the end of subsection (1),

(b) adding "or analysis of factual material" to the end of subsection 13 (2) (a):

(c) adding the following subsections:

13  (2) (a.1) any background explanations or analysis for consideration in making a decision or formulating a policy,

13  (2) (a.2) a professional, scientific, technical or investigative opinion or report

5 The Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by repealing section 25 and replacing it with the following:

25  (1) Whether or not a request for access is made, the head of a public body must, without delay, disclose to the public, to an affected group of people or to an applicant, all information

(a) about a risk of significant harm to the environment, or to the health or safety of the public or a group of people, or

(b) about a risk of harm to the health or safety of the public or a group of people, or

(c) about a risk of harm to a vulnerable group,

(d) relating to a topic of recent public debate,

(e) the disclosure of which may yield public benefit, or

(f) the disclosure of which is, for any other reason, clearly in the public interest.

(2) Subsection (1) applies despite any other provision of this Act.

(3) Before disclosing information under subsection (1), the head of a public body must mail a notice of disclosure in the prescribed form

(a) to the last known address of the third party, and

(b) to the commissioner.

6 Section 75 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is repealed and replaced by the following:

75  (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 of a reasonable amount for the following services:

(a) locating, retrieving and producing the record;

(b) preparing the record for disclosure;

(c) shipping and handling the record;

(d) providing a copy of the record.

(2) An applicant must not be required under subsection (1) to pay a fee for

(a) the first 3 hours time spent locating and retrieving a record, or

(b) time spent severing information from a record.

(3) Subsection (1) does not apply to a request for the applicant's own personal information.

(4) If an applicant is required to pay a fee for services under subsection (I), the head of the public body

(a) must give the applicant a written estimate of the total fee before providing the service, and

(b) may require the applicant to pay a deposit of a reasonable amount, to be set by the head of the public body.

(5) If the head of a public body receives an applicant's written request to be excused from paying all or part of the fees for services, the head may excuse the applicant if, in the head's opinion,

(a) the applicant cannot afford the payment or for any other reason it is fair to excuse payment, or

and must excuse the applicant if

(b) the record relates to a matter of public interest as described in section 25, including the environment, public health or safety or

(c) the request is subject to excessive delay.

(5.1) The head of a public body must respond under subsection (5) in writing and within 20 days after receiving the request.

(6) The fees that prescribed categories of applicants are required to pay for services under subsection (l) may differ from the fees other applicants are required to pay for them, but may not be greater than the actual costs of the services.

7 Section 1 of the Freedom of Information and Protection of Privacy Act Regulation, R.S.B.C. Reg. 229/2005, is amended by striking out paragraphs (g) and (f).

8 Section 13 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following subsection:

(2) (o) internal ministerial audits.

 
Explanatory Note

This Act amends the Freedom of Information and Protection of Privacy Act in order to restore public access to information. The amendments increase the scope of the Act to include information from quasi-public bodies in order to preserve public access to information concerning bodies that are performing governmental functions. Control over excessive costs also makes information more readily available to the public. Amendments to section 13 narrow policy advice exceptions, preventing information from being withheld when it is not directly related to policy or when the relevant government decision has already been made — and restoring the purpose of this section to its original intent. This Act also returns the definition of "day" to its ordinary meaning, and strengthens the principle of Public Interest Paramount.

This Act increases the transparency of government with regards to information available to the public. By expanding the scope of the Freedom of Information Act, enhancing the Public Interest Paramount principle, and limiting exceptions under section 13, it restores a high standard for public access to information. Coupled with improvements in the time and cost involved, this Act improves government accountability, transparency, and openness.