The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 26th day of May, 2015
Craig James, Clerk of the House
HONOURABLE AMRIK VIRK
MINISTER OF TECHNOLOGY, INNOVATION
AND CITIZENS' SERVICES
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 – Interpretation and Application
1 In this Act:
"archive" means to transfer information from a government body or court to the digital archives or museum archives of government;
"court" means the Court of Appeal, Supreme Court or Provincial Court;
"court information" means recorded information held by a court that is
(a) filed in a court proceeding, or
(b) about a court proceeding,
but does not include
(c) information stored in or recorded on a judicial administration record, or
(d) information relating to matters of court administration assigned to the Attorney General or government by law;
"court information schedule" means a court information schedule approved under section 16 [court information schedules];
"digital archives" means the digital archives established by section 12 [digital archives established];
"digitize" means to record in digital form information originally recorded in non-digital form;
"dispose" means to destroy, or render impracticable to decipher, recorded information;
"government agency" means an association, board, commission, corporation or other body, whether incorporated or unincorporated, if
(a) the body is an agent of the government,
(b) in the case of a corporation with issued voting shares, the government owns, directly or indirectly, more than 50% of the issued voting shares of the corporation, or
(c) a majority of the members of the body or of its board of directors or board of management are one or both of the following:
(i) appointed by the Lieutenant Governor in Council, by a minister or by an Act;
(ii) ministers or public officers acting as ministers or public officers;
"government body" means
(a) a ministry of the government of British Columbia, or
(b) a government agency designated as a government body by regulation,
but does not include
(c) a person who is a member or officer of the Legislative Assembly, in the exercise of his or her functions as a member or officer of the Legislative Assembly, or
(d) a court;
"government information" means recorded information created or received by a government body in connection with government business, including
(a) information that must be held by the government body by law,
(b) information that documents a decision by a government body respecting a course of action that directly affects a person or the operations of the government body,
(c) information that documents or supports the government body's organization, policies, procedures, transactions or operations,
(d) information created or received by a government body that has archival value, and
(e) information relating to matters of court administration assigned to the Attorney General or government by law,
but does not include
(f) constituency information held in the office of a minister,
(g) court information, or
(h) information stored in or recorded on a judicial administration record;
"head", in relation to a government body, means whichever of the following applies:
(a) if the government body is a ministry or office of the government of British Columbia, the member of the Executive Council who presides over that ministry or office;
(b) if the government body is a government agency designated as a government body by regulation, the person designated as the head of that government body in that regulation;
"hold", includes
(a) to place the information in the custody of a volunteer or a person retained under a contract with the government body or court if the government body or court retains control of the information, and
(b) in relation to court information, to place the court information in the custody of a government body charged with the custody of court information on behalf of the court;
"information schedule" means an information schedule approved under section 4 [approval of information schedules];
"judicial administration record" has the same meaning as in the Freedom of Information and Protection of Privacy Act;
"museum archives of government" has the same meaning as in the Museum Act;
"publish" means to make generally available to the public, and includes posting on the internet;
"transfer", in relation to information, does not include disclosing information if the original body continues to hold the information.
Part 2 – Chief Records Officer
Division 1 – Designation and Mandate of Chief Records Officer
2 (1) The minister may designate, with or without conditions, a person appointed under the Public Service Act as chief records officer.
(2) The chief records officer may delegate, with or without conditions, any or all of his or her powers and duties under this Act to a person or class of persons.
(3) A delegation under subsection (2) must be in writing and may include any terms or conditions the chief records officer considers advisable.
(4) A condition under this section may incorporate by reference a policy, procedure or standard relating to information, as amended from time to time before or after the appointment or delegation.
3 The mandate of the chief records officer is
(a) to promote the preservation of valuable government information for current and future use,
(b) to approve information schedules governing the holding, transferring, archiving and disposal of government information,
(c) to manage the digital archives and promote its availability to the public, and
(d) to promote effective information management by government bodies.
Division 2 – Powers of Chief Records Officer
4 (1) The chief records officer may approve an information schedule applying to a class of government information if the chief records officer is satisfied that
(a) the information schedule is consistent with his or her mandate, set out in section 3, and
(b) the information schedule provides, with as much specificity as practicable, for the disposal of all information required to be disposed of by law and for the holding of all information required to be held by law.
(2) An information schedule is not an enactment.
(3) If more than one information schedule applies to government information, the information schedule most recently approved prevails in the event of a conflict.
(4) The minister may establish an information management advisory committee to advise the chief records officer in relation to the approval of information schedules.
5 The chief records officer must publish all approved information schedules.
6 (1) The chief records officer may issue directives to a government body in relation to the digitizing and archiving of government information.
(2) The minister may designate a person appointed under the Public Service Act as a person who must approve a directive or class of directives issued under this section.
7 The chief records officer may request information from a head of a government body in relation to the government body's management of government information.
8 If requested by a government body for the purpose of this Act, the chief records officer may access information, including personal information, held by the government body.
Part 3 – Managing Government Information
9 A government body must digitize government information recorded in non-digital form unless
(a) the government body is exempted by the chief records officer,
(b) the government information is in a class of government information exempted by the chief records officer, or
(c) another enactment requires that the information be recorded in non-digital form.
10 (1) Government information to which an information schedule applies must be held, transferred, archived or disposed of in accordance with the information schedule.
(2) Despite subsection (1), information may be transferred between 2 government bodies whether or not an information schedule applies to or addresses that transfer.
11 (1) If no information schedule applies to government information, the government information must be held until
(a) the chief records officer approves an information schedule applying to the government information, or
(b) the chief records officer approves the transfer, archiving or disposal of the government information.
(2) The chief records officer must publish an approval under subsection (1) (b).
(3) Despite subsections (1) and (2), if another enactment or a court order requires that a government body hold or dispose of government information, that enactment or court order prevails in the event of a conflict.
12 (1) The digital archives is established.
(2) The chief records officer is responsible for managing, securing and preserving the digital archives.
(3) The chief records officer may enter into contracts for, or otherwise provide for, the carrying out of any activity or service relating to the management, security and preservation of the digital archives.
13 (1) Government information in non-digital form must be digitized before it is archived.
(2) The chief records officer may exempt government information or a class of government information from the application of subsection (1).
14 (1) Government information that is scheduled to be archived under an information schedule must be transferred to the digital archives if the information is recorded in digital form.
(2) The chief records officer may approve the transfer of government information recorded in non-digital form to the museum archives of government.
(3) For certainty, subsection (1) does not apply to records in the museum archives of government.
(4) The chief records officer may enter into an agreement with a government body regarding confidentiality of government information transferred to the digital archives.
(5) Solicitor-client privilege of government information is not affected by a transfer to the digital archives under this section.
15 A copy of a record held in the digital archives that is certified as a true copy under the chief records officer's signature
(a) is admissible in evidence without proof of the official character of the person appearing to have signed the copy, and
(b) has, in the absence of evidence to the contrary, the same evidentiary value as the original would have if it were proved in the ordinary way.
16 (1) The Deputy Attorney General and the chief judge or chief justice of a court may approve a court information schedule applying to a class of court information if they are satisfied that the court information schedule
(a) is consistent with the effective administration of justice and the independence of the court,
(b) promotes the preservation of valuable court information for current and future use,
(c) promotes effective information management by the court, and
(d) provides, with as much specificity as practicable, for the disposal of all court information required to be disposed of by law and for the holding of all court information required to be held by law.
(2) Court information to which a court information schedule applies must be held, transferred, archived or disposed of in accordance with the court information schedule.
(3) A court information schedule is not an enactment.
(4) If more than one court information schedule applies to court information, the court information schedule most recently approved prevails in the event of a conflict.
(5) The Deputy Attorney General must publish all approved court information schedules.
(6) For the purpose of advising the Deputy Attorney General and, if requested, the chief judge or chief justice on court information schedules, the chief records officer is deemed to be a member of any advisory committee established under section 4 (4) [information management advisory committee].
17 (1) If no court information schedule applies to court information, the court information must be held by a court until the Deputy Attorney General and the chief judge or chief justice of the court
(a) approve a court information schedule applying to the court information, or
(b) approve the transfer, archiving or disposal of the court information.
(2) The Deputy Attorney General must publish an approval under subsection (1) (b).
(3) Despite subsections (1) and (2), if another enactment or a court order requires that a court hold or dispose of court information, that enactment or court order prevails in the event of a conflict.
18 (1) Court information that is scheduled to be archived under a court information schedule may be transferred
(a) to the digital archives if the court information is recorded in digital form consistent with directives issued under section 6 [directives for digitizing and archiving government information] in relation to the form of archived information, or
(b) to the Royal British Columbia Museum established under the Museum Act.
(2) The chief judge or chief justice of a court may transfer a judicial administration record of the court
(a) to the digital archives if the judicial administration record is in digital form consistent with directives issued under section 6 [directives for digitizing and archiving government information] in relation to the form of archived information, or
(b) to the Royal British Columbia Museum established under the Museum Act.
(3) The chief judge or chief justice of a court may enter into an agreement with the chief records officer or the Royal British Columbia Museum regarding the management, security, preservation and, where applicable, confidentiality of court information or judicial administration records of the court archived under this section.
19 (1) The head of a government body is responsible for ensuring that an appropriate system is in place within the government body for managing and securing government information.
(2) The head of a government body must take reasonable steps to ensure that the government body complies with directives issued under section 6 [directives for digitizing and archiving government information].
(3) The head of a government body must respond to a request under section 7 [chief records officer may request information from head of government body].
(4) The head of a government body must take reasonable steps to ensure that the government body complies with the following:
(a) section 9 [government information must be digitized];
(b) section 10 [when information schedule applies];
(c) section 13 [information must be digitized before archiving].
(5) Despite subsection (4) (b), the head of a government body must ensure that no government information held by the government body is disposed of, except in accordance with an information schedule or an approval by the chief records officer under section 11 (1) (b) [when no information schedule applies].
20 Section 5 of the Offence Act does not apply to this Act.
21 (1) If government information is held without legal authority by a person other than a government body, the head of a government body required to hold the government information may apply to the Supreme Court for an order that the person return that government information to the government body.
(2) This section does not limit any remedy otherwise available to a government body or other person by law.
22 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) designating a government agency as a government body for the purposes of this Act;
(b) designating an individual in a government agency designated as a government body as the head of the government body for the purposes of this Act;
(c) subject to section 25 [removal of body or person from list of government bodies], removing a government agency, or a person or body that was formerly a government agency, from the list of government bodies for the purposes of this Act;
(d) prescribing fees payable by a person to the government for archival services in relation to the digital archives;
(e) despite section 5 (3) of the Museum Act [museum may impose fees], prescribing fees payable to the museum for archival services;
(f) defining any word or expression used but not defined in this Act;
(g) for any other purpose contemplated by this Act.
Part 7 – Transitional Provisions, Repeal and
Consequential and Related Amendments
23 (1) Section 9 [government information must be digitized] does not apply if
(a) the government information is created by a government body before the date this section comes into force,
(b) the government information is not created by a government body and is first received by a government body before the date this section comes into force, or
(c) the government information is created or received by a body before the body is designated as a government body.
(2) For certainty, a government body may digitize government information to which subsection (1) applies.
24 (1) If a records schedule approved under the Document Disposal Act before that Act is repealed applies to government information, the records schedule is deemed to be an information schedule approved under section 4 [approval of information schedules] of this Act, unless the chief records officer has approved an information schedule under this Act that replaces the records schedule approved under the Document Disposal Act.
(2) If a records schedule approved under the Document Disposal Act before that Act is repealed applies to court information, the records schedule is deemed to be a court information schedule approved under section 16 [court information schedules] of this Act, unless the Deputy Attorney General and the chief judge or chief justice of the court have approved a court information schedule under this Act that replaces the records schedule approved under the Document Disposal Act.
(3) Sections 5 [approved information schedules must be published] and 16 (5) [approved court information schedules must be published] do not apply to records schedules deemed to be approved information schedules or deemed to be approved court information schedules, as the case may be, under this section.
25 (1) Before a person or body is removed from the list of government bodies under section 22 (2) (c) [power to make regulations], the chief records officer must approve an information schedule applying to government information that will no longer be held by any government body.
(2) If a person or body that was formerly a government agency ceases to be a government agency, the person or body is deemed to remain a government body for the purposes of this Act until the person or body is removed under section 22 (2) (c) from the list of government bodies.
(3) Subject to subsection (4), if a person or body is removed from the list of government bodies, this Act no longer applies to the person or body.
(4) A person or body that was formerly a government body under this Act must continue to hold, transfer, archive or dispose of the recorded information in accordance with an information schedule prepared under subsection (1).
26 The Document Disposal Act, R.S.B.C. 1996, c. 99, is repealed.
Business Practices and Consumer Protection Authority Act
27 Section 29 (1) of the Business Practices and Consumer Protection Authority Act, S.B.C. 2004, c. 3, is amended
(a) by repealing paragraph (b), and
(b) by adding the following paragraph:
(d) Information Management Act; .
Child, Family and Community Service Act
28 Section 96.1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, is repealed and the following substituted:
(1) Despite sections 10 and 11 of the Information Management Act and subject to the regulations, a director, in writing, may transfer records to another director.
Coastal Ferry Act
29 Section 74 of the Coastal Ferry Act, S.B.C. 2003, c. 14, is amended by striking out "Document Disposal Act" and substituting "Information Management Act".
Community Living Authority Act
30 Section 23 (1) of the Community Living Authority Act, S.B.C. 2004, c. 60, is amended by striking out "Despite the Document Disposal Act and" and substituting "Despite the Information Management Act but".
31 Section 27 (3) is repealed.
Community Services Interim Authorities Act
32 Section 14.1 (4) of the Community Services Interim Authorities Act, S.B.C. 2002, c. 58, is amended by striking out "Document Disposal Act" and substituting "Information Management Act".
Destination BC Corp. Act
33 Section 25 (3) of the Destination BC Corp. Act, S.B.C. 2013, c. 6, is repealed.
34 Section 26 (1) is amended by striking out "Despite the Document Disposal Act" and substituting "Despite the Information Management Act".
Election Act
35 Section 275 (5) to (6.1) of the Election Act, R.S.B.C. 1996, c. 106, is repealed and the following substituted:
(5) Before the end of each retention period under section 149, the chief electoral officer must notify the minister responsible for the Information Management Act of the date the retention period expires.
(6) The minister responsible for the Information Management Act may require that records under the control of the chief electoral officer, other than records required by this Act to be destroyed, be archived
(a) in the digital archives established by the Information Management Act, or
(b) in the museum archives of government established by the Museum Act.
Electronic Transactions Act
36 Section 9 of the Electronic Transactions Act, S.B.C. 2001, c. 10, is amended by striking out "A requirement under law" and substituting "Subject to sections 9 and 13 of the Information Management Act, a requirement under law".
Emergency Health Services Act
37 Section 16 (1) of the Emergency Health Services Act, R.S.B.C. 1996, c. 182, is amended by striking out "Document Disposal Act" and substituting "Information Management Act".
Freedom of Information and Protection of Privacy Act
38 Section 3 (1) (f) of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out "the archives of the government of British Columbia" and substituting "the digital archives or the museum archives of government".
39 Section 33.2 (j) is amended by striking out "the archives of the government of British Columbia" and substituting "the digital archives, the museum archives of government".
40 Section 36 (1) is amended by striking out "the archives of the government of British Columbia, or the archives of a public body," and substituting "the digital archives, the museum archives of government or the archives of a public body".
41 Section 73.2 is amended by adding the following subsection:
(4) This section does not limit any remedy otherwise available to a public body, or other person by law.
42 Section 76 (2) (m) is amended by striking out "Document Disposal Act" and substituting "Information Management Act".
43 Schedule 1 is amended by adding the following definitions:
"digital archives" has the same meaning as in the Information Management Act;
"museum archives of government" has the same meaning as in the Museum Act; .
Heritage Conservation Act
44 Section 3 (3) of the Heritage Conservation Act, R.S.B.C. 1996, c. 187, is amended by adding ", information in the digital archives under the Information Management Act" after "register".
Knowledge Network Corporation Act
45 Section 3 (3) of the Knowledge Network Corporation Act, S.B.C. 2007, c. 22, is repealed.
Local Elections Campaign Financing Act
46 Section 91 (2) of the Local Elections Campaign Financing Act, S.B.C. 2014, c. 18, is repealed and the following substituted:
(2) The minister responsible for the administration of the Information Management Act may require that, after the end of the retention period, the records referred to in subsection (1) be archived
(a) in the digital archives established by the Information Management Act, or
(b) in the museum archives of government established by the Museum Act.
Motor Vehicle Act
47 Section 210 (3) (d) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:
(d) providing that the superintendent may, subject to the requirements and approvals required by the Information Management Act, dispose by destruction or otherwise of the documents deposited in connection with the records and administration of the Motor Vehicle Act that are not considered of sufficient value to justify their preservation and have been on deposit for 5 years or longer; .
Museum Act
48 Section 1 of the Museum Act, S.B.C. 2003, c. 12, is amended by repealing the definition of "archives of the government" and substituting the following:
"museum archives of government" means
(a) the archival records transferred from the government to the corporation under section 26 of this Act, and
(b) the archival records transferred from the government, a court or a government body under the Information Management Act or another enactment; .
49 Section 4 (b) is repealed and the following substituted:
(b) to preserve and manage the museum archives of government;
(b.1) to preserve and manage information archived with the museum by the courts; .
50 Section 5 (8) is repealed and the following substituted:
(8) The corporation
(a) may dispose of or transfer any record that is part of the museum archives of government only with the consent of the chief records officer under the Information Management Act, and
(b) on request, must provide the government with access to a record in the museum archives of government within a reasonable time.
51 Section 22 is repealed.
Oil and Gas Activities Act
52 Section 17 of the Oil and Gas Activities Act, S.B.C. 2008, c. 36, is repealed.
Recall and Initiative Act
53 Section 168 (7) and (7.1) of the Recall and Initiative Act, R.S.B.C. 1996, c. 398, is repealed and the following substituted:
(7) The minister responsible for the administration of the Information Management Act may require that, after the end of the retention period, records under the control of the chief electoral officer be archived
(a) in the digital archives established by the Information Management Act, or
(b) in the museum archives of government established by the Museum Act.
(7.1) For the purposes of subsection (7), the chief electoral officer must give notice to the minister responsible for the administration of the Information Management Act before the end of each retention period.
Safety Authority Act
54 Section 2 (1) of the Safety Authority Act, S.B.C. 2003, c. 38, is amended
(a) by repealing paragraph (d), and
(b) by adding the following paragraph:
(f) Information Management Act.
South Coast British Columbia Transportation Authority Act
55 Section 38 (4) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out "Document Disposal Act" in both places and substituting "Information Management Act".
Transportation Investment Act
56 Section 24.61 of the Transportation Investment Act, S.B.C. 2002, c. 65, is repealed.
Youth Justice Act
57 Sections 21 and 45 (1) of the Youth Justice Act, S.B.C. 2003, c. 85, are amended by striking out "Document Disposal Act" and substituting "Information Management Act".
58 This Act comes into force by regulation of the Lieutenant Governor in Council.