BILL 4 – 2005: FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY AMENDMENT ACT, 2005

2005 Legislative Session: 1st Session, 38th Parliament
FIRST READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

HONOURABLE MICHAEL DE JONG
MINISTER OF LABOUR AND CITIZENS' SERVICES

BILL 4 – 2005

FREEDOM OF INFORMATION AND
PROTECTION OF PRIVACY AMENDMENT ACT, 2005

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

1 Section 37 (4) of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is repealed.

Transitional – current acting commissioner

2 (1) Despite section 39 (2) (c) of the Freedom of Information and Protection of Privacy Act, the person holding office on September 1, 2005, as acting commissioner under that Act, holds office until a person is appointed under section 37 (1) of that Act.

(2) The exercise of a power or the performance of a function or duty by the acting commissioner referred to in subsection (1) may not be held to be invalid because section 39 (2) (c) of the Freedom of Information and Protection of Privacy Act was in force.

Commencement

3 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item	Column 1 Provisions of Act	Column 2 Commencement
1	Anything not elsewhere covered by this table	The date of Royal Assent
2	Section 1	August 14, 2005

Explanatory Notes

SECTION 1: [Freedom of Information and Protection of Privacy Act, section 37] removes the prohibition on the reappointment of a commissioner, or the appointment of a former commissioner, as an acting commissioner under section 39 of the Act.

SECTION 2: [Transitional – current acting commissioner] continues the appointment of the current acting Information and Privacy Commissioner until a new commissioner is appointed, and confirms the continuing authority of the acting commissioner.