Section 3 (1) (c.1) BEFORE repealed by 2002-50-19, effective September 30, 2002 (BC Reg 266/2002).

(c.1) a record that is created by or for, or is in the custody or control of, the Children's Commission and that relates to the exercise of the commission's functions under the Children's Commission Act;

  Section 3 (1) (f) and (g) BEFORE amended by 2003-5-1, effective March 28, 2003 (BC Reg 125/2003).

(f) material placed in the British Columbia Archives and Records Service by or for a person or agency other than a public body;

(g) material placed in the archives of a public body by or for a person or agency other than the public body;

  Section 3 (1) (c) BEFORE amended by 2004-64-1(a), effective October 21, 2004 (Royal Assent).

(c) a record that is created by or for, or is in the custody or control of, an officer of the Legislature and that relates to the exercise of that officer's functions under an Act;

  Section 3 (3) was added by 2004-64-1(b), effective October 21, 2004 (Royal Assent).

  Section 3 (3) (e.1) was added by 2008-12-7, effective May 1, 2008 (Royal Assent).

  Section 3 (1) BEFORE amended by 2011-17-1, effective November 14, 2011 (Royal Assent).

(1)  This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

(a) a record in a court file, a record of a judge of the Court of Appeal, Supreme Court or Provincial Court, a record of a master of the Supreme Court, a record of a justice of the peace, a judicial administration record or a record relating to support services provided to the judges of those courts;

(b) a personal note, communication or draft decision of a person who is acting in a judicial or quasi judicial capacity;

(c) subject to subsection (3), a record that is created by or for, or is in the custody or control of, an officer of the Legislature and that relates to the exercise of that officer's functions under an Act;

(c.1) [Repealed 2002-50-19.]

(d) a record of a question that is to be used on an examination or test;

(e) a record containing teaching materials or research information of employees of a post-secondary educational body;

(f) material placed in the archives of the government of British Columbia by or for a person or agency other than a public body;

(g) material placed in the archives of a public body by or for a person or agency other than a public body;

(h) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed;

(i) a record of an elected official of a local public body that is not in the custody or control of the local public body.

  Section 3 (1) (c.2) was added by 2012-5-37(a), effective April 25, 2012 (BC Reg 94/2012).

  Section 3 (4) was added by 2012-5-37(b), effective April 25, 2012 (BC Reg 94/2012).

  Section 3 (1) (f) BEFORE amended by 2015-27-38, effective May 10, 2016 (BC Reg 109/2016).

(f) material placed in the archives of the government of British Columbia by or for a person or agency other than a public body;

  Section 3 (3) BEFORE amended by 2021-3-8, effective March 25, 2021 (Royal Assent).

(3) The following sections apply to officers of the Legislature, their employees and, in relation to their service providers, the employees and associates of those service providers, as if the officers and their offices were public bodies:

(a) section 30 (protection of personal information);

(b) section 30.1 (storage and access must be in Canada);

(c) section 30.2 (obligation to report foreign demand for disclosure);

(d) section 30.3 (whistle-blower protection);

(e) section 30.4 (unauthorized disclosure prohibited);

(e.1) section 30.5 (notification of unauthorized disclosure);

(f) section 33 (disclosure of personal information);

(g) section 33.1 (disclosure inside or outside Canada);

(h) section 33.2 (disclosure inside Canada only);

(i) section 74.1 (privacy protection offences).

  Section 3 BEFORE re-enacted by 2021-39-2, effective November 25, 2021 (Royal Assent).

  Section 3 (3) (g) BEFORE amended by 2022-15-86(a), effective June 2, 2022 (Royal Assent).

(g) a record that is created by or for, or is in the custody or under the control of, the auditor general under the Auditor General for Local Government Act and that relates to the exercise of functions under that Act;

  Section 3 (4) BEFORE amended by 2022-15-86(b), effective June 2, 2022 (Royal Assent).

(4) This Act, other than sections 30, 30.3, 30.5 (2), 33 and 65.3 to 65.6, does not apply to

(a) an officer of the Legislature, including all employees of the officer of the Legislature and, in the case of an employee that is a service provider, all employees and associates of the service provider, or

(b) the auditor general under the Auditor General for Local Government Act, including all employees of that auditor general and, in the case of an employee that is a service provider, all employees and associates of the service provider.

  Section 3 (4) BEFORE amended by 2023-2-2(a), effective November 25, 2021 [retro from March 9, 2023 (Royal Assent)].

(4) This Act, other than sections 30, 30.3, 30.5 (2), 33 and 65.3 to 65.6, does not apply to an officer of the Legislature, including all employees of the officer of the Legislature and, in the case of an employee that is a service provider, all employees and associates of the service provider.

  Section 3 (4.1) was added by 2023-2-2(b), effective November 25, 2021 [retro from March 9, 2023 (Royal Assent)].

  Section 3 (3) (b) (ii) BEFORE amended by 2023-47-13,Sch 1, effective January 15, 2024 (BC Reg 277/2023).

(ii) a master of the Supreme Court, or

  Section 4 BEFORE re-enacted by 2021-39-2, effective November 25, 2021 (Royal Assent).

  Section 5 (1) BEFORE amended by 2002-13-1, effective April 11, 2002 (Royal Assent).

(1)  To obtain access to a record, an applicant must make a written request to the public body that the applicant believes has custody or control of the record.

  Section 5 (1) (a) BEFORE amended by 2021-39-3, effective November 25, 2021 (Royal Assent).

(a) provides sufficient detail to enable an experienced employee of the public body, with a reasonable effort, to identify the records sought,

  Section 6 (2) (part) BEFORE amended by 2021-39-4, effective November 25, 2021 (Royal Assent).

(2) Moreover, the head of a public body must create a record for an applicant if

  Section 7 BEFORE re-enacted by 2002-13-2, effective April 11, 2002 (Royal Assent).

  Section 7 (4) and (5) BEFORE amended by 2021-39-5, effective November 25, 2021 (Royal Assent).

(4) If the head of a public body determines that an applicant is to pay fees for services related to a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the head of the public body gives the applicant a written estimate of the total fees to the end of the day one of the following occurs:

(a) the head of the public body excuses the applicant from paying all of the fees under section 75 (5);

(b) the head of the public body excuses the applicant from paying part of the fees under section 75 (5), and the applicant agrees to pay the remainder and, if required by the head of a public body, pays the deposit required;

(c) the applicant agrees to pay the fees set out in the written estimate and, if required by the head of a public body, pays the deposit required.

(5) If an applicant asks the commissioner under section 52 (1) to review a fee estimate or a refusal to excuse the payment of all or part of the fee required by the head of the public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the applicant asks for the review to the end of the day the commissioner makes a decision.

  Section 8 (2) (a) BEFORE amended by 2021-3-9, effective March 25, 2021 (Royal Assent).

(a) a record containing information described in section 15 (information harmful to law enforcement), or

  Section 8 (1) (c) (ii) BEFORE amended by 2021-39-6, effective November 25, 2021 (Royal Assent).

(ii) the name, title, business address and business telephone number of an officer or employee of the public body who can answer the applicant's questions about the refusal, and

  Section 9 BEFORE amended by 2011-17-2, effective November 14, 2011 (Royal Assent).

  Section 9 (1) BEFORE amended by 2021-39-7, effective November 25, 2021 (Royal Assent).

(1) If an applicant is told under section 8 (1) that access will be given, the head of the public body concerned must comply with subsection (2), (2.1) or (3) of this section.

  Section 10 (1) BEFORE amended by 2002-13-3, effective April 11, 2002 (Royal Assent).

(1)  The head of a public body may extend the time for responding to a request for up to 30 days or, with the commissioner's permission, for a longer period if

(a) the applicant does not give enough detail to enable the public body to identify a requested record,

(b) a large number of records is requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the public body,

(c) more time is needed to consult with a third party or other public body before the head can decide whether or not to give the applicant access to a requested record, or

(d) a third party asks for a review under section 52 (2) or 62 (2).

  Section 10 BEFORE re-enacted by 2006-24-7, effective May 18, 2006 (Royal Assent).

  Section 10 BEFORE amended by 2011-17-3, effective November 14, 2011 (Royal Assent).

  Section 11 (1) BEFORE amended by 2002-13-4, effective April 11, 2002 (Royal Assent).

(1)  Within 10 days after a request for access to a record is received by a public body, the head of the public body may transfer the request and, if necessary, the record to another public body if

  Section 11 BEFORE re-enacted by 2008-12-8, effective May 1, 2008 (Royal Assent).

  Section 12 (5) and (6) were added by 2002-63-9, effective November 1, 2002 (BC Reg 291/2002).

  Section 13 (2) (g) and (l) BEFORE amended by 2011-17-4, effective November 14, 2011 (Royal Assent).

(g) a final report or final audit on the performance or efficiency of a public body or on any of its programs or policies,

(l) a plan or proposal to establish a new program or to change a program, if the plan or proposal has been approved or rejected by the head of the public body,

  Section 15 (3) (b) BEFORE amended by 2011-17-5, effective November 14, 2011 (Royal Assent).

(b) a report, including statistical analysis, on the degree of success achieved in a law enforcement program unless disclosure of the report could reasonably be expected to interfere with or harm any of the matters referred to in subsection (1) or (2), or

  Section 16 (1) (a) (iii) BEFORE amended by 2021-39-8(a), effective November 25, 2021 (Royal Assent).

(iii) an aboriginal government;

  Section 16 (1) (c) BEFORE amended by 2021-39-8(b), effective November 25, 2021 (Royal Assent).

(c) harm the conduct of negotiations relating to aboriginal self government or treaties.

  Section 16 (3) BEFORE amended by 2021-39-8(c), effective November 25, 2021 (Royal Assent).

(3) Subsection (1) does not apply to information that is in a record that has been in existence for 15 or more years unless the information is law enforcement information.

  Section 17 (1) (f) was added by 2006-24-8, effective May 18, 2006 (Royal Assent).

  Section 18.1 was enacted by 2021-39-9, effective November 25, 2021 (Royal Assent).

  Section 20 BEFORE amended by 2011-17-6, effective November 14, 2011 (Royal Assent).

  Section 21 (1) (a) (ii) BEFORE amended by 2002-13-5, effective April 11, 2002 (Royal Assent).

(ii)  commercial, financial, labour relations, scientific or technical information of a third party,

  Section 21 (3) (b) BEFORE amended by 2003-5-2, effective March 28, 2003 (BC Reg 125/2003).

(b) the information is in a record that is in the custody or control of the British Columbia Archives and Records Service or the archives of a public body and that has been in existence for 50 or more years.

  Section 21 (3) (b) BEFORE amended by 2021-39-10, effective November 25, 2021 (Royal Assent).

(b) the information is in a record that is in the custody or control of the archives of the government of British Columbia or the archives of a public body and that has been in existence for 50 or more years.

  Section 22 BEFORE amended by 2011-17-7, effective November 14, 2011 (Royal Assent).

  Section 22 (2) (d) BEFORE amended by 2021-39-11(a), effective November 25, 2021 (Royal Assent).

(d) the disclosure will assist in researching or validating the claims, disputes or grievances of aboriginal people,

  Section 22 (3) (h) BEFORE amended by 2021-39-11(b), effective November 25, 2021 (Royal Assent).

(h) the disclosure could reasonably be expected to reveal the content of a personal recommendation or evaluation, a character reference or a personnel evaluation supplied by the third party in confidence and the applicant could reasonably be expected to know the identity of the third party,

  Section 22 (4) (d) BEFORE amended by 2021-39-11(c), effective November 25, 2021 (Royal Assent).

(d) the disclosure is for a research or statistical purpose and is in accordance with section 35,

  Section 22.1 was added by 2001-8-1, effective April 11, 2001 (Royal Assent).

  Section 23 (1) and (2) BEFORE amended by 2021-39-12, effective November 25, 2021 (Royal Assent).

(1) If the head of a public body intends to give access to a record that the head has reason to believe contains information that might be excepted from disclosure under section 21 or 22, the head must give the third party a written notice under subsection (3).

(2) If the head of a public body does not intend to give access to a record that contains information excepted from disclosure under section 21 or 22, the head may give the third party a written notice under subsection (3).

  Section 25.1 was enacted by 2021-39-13, effective November 25, 2021 (Royal Assent).

  Section 26 (a) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) the collection of that information is expressly authorized by or under an Act,

  Section 26 BEFORE re-enacted by 2011-17-8, effective November 14, 2011 (Royal Assent).

  Section 27 (1) (a.1) was added by 2002-13-6, effective April 11, 2002 (Royal Assent).

  Section 27 (1) BEFORE amended by 2003-5-3(a), effective March 28, 2003 (BC Reg 125/2003).

(1)  A public body must collect personal information directly from the individual the information is about unless

  Section 27 (1) (a.1) BEFORE amended by 2003-5-3(b), effective March 28, 2003 (BC Reg 125/2003).

(a.1) the collection of the information is necessary for the medical treatment of an individual and the public body is not able

  Section 27 (2) BEFORE amended by 2003-5-4, effective March 28, 2003 (BC Reg 125/2003).

(2)  A public body must tell an individual from whom it collects personal information

  Section 27 (3) (c) was added by 2003-5-5, effective March 28, 2003 (BC Reg 125/2003).

  Section 27 BEFORE amended by 2011-17-9, effective November 14, 2011 (Royal Assent).

  Section 27 (1) (b) BEFORE amended by 2021-39-14(a), effective November 25, 2021 (Royal Assent).

(b) the information may be disclosed to the public body under sections 33 to 36,

  Section 27 (1) (c) (ii) BEFORE amended by 2021-39-14(b), effective November 25, 2021 (Royal Assent).

(ii) a proceeding before a court or a judicial or quasi judicial tribunal,

  Section 27 (1) (c.1) and (c.2) were added by 2021-39-14(c), effective November 25, 2021 (Royal Assent).

  Section 27 (2) (c) BEFORE amended by 2021-39-14(d), effective November 25, 2021 (Royal Assent).

(c) the title, business address and business telephone number of an officer or employee of the public body who can answer the individual's questions about the collection.

  Section 27.1 was added by 2011-17-10, effective November 14, 2011 (Royal Assent).

  Section 28 BEFORE repealed by 2003-5-6, effective March 28, 2003 (BC Reg 125/2003).

  Section 29 (1) BEFORE amended by 2021-39-15, effective November 25, 2021 (Royal Assent).

(1) An applicant who believes there is an error or omission in his or her personal information may request the head of the public body that has the information in its custody or under its control to correct the information.

  Section 30 BEFORE amended by 2003-5-7, effective March 28, 2003 (BC Reg 125/2003).

  Section 30 BEFORE amended by 2004-64-2, effective October 21, 2004 (Royal Assent).

  Section 30 BEFORE amended by 2021-39-16, effective November 25, 2021 (Royal Assent).

  Sections 30.1 to 30.4 were added by 2004-64-2, effective October 21, 2004 (Royal Assent).

  Section 30.1 (c) was added by 2005-35-8, effective November 24, 2005 (Royal Assent).

  Section 30.1 BEFORE repealed by 2021-39-17, effective November 25, 2021 (Royal Assent).

  Section 30.2 (2) (part) BEFORE amended by 2008-12-9, effective May 1, 2008 (Royal Assent).

(2)  If a public body, an employee of a public body or an employee or associate of a service provider

  Section 30.2 BEFORE repealed by 2021-39-17, effective November 25, 2021 (Royal Assent).

  Section 30.3 (a) BEFORE repealed by 2021-39-18(a), effective November 25, 2021 (Royal Assent).

(a) the employee, acting in good faith and on the basis of reasonable belief, has notified the minister responsible for this Act under section 30.2,

  Section 30.3 (e) BEFORE amended by 2021-39-18(b), effective November 25, 2021 (Royal Assent).

(e) the employer believes that an employee will do anything described in paragraph (a), (b), (c) or (d).

  Section 30.4 BEFORE amended by 2008-12-10, effective May 1, 2008 (Royal Assent).

  Section 30.4 BEFORE repealed by 2021-39-17, effective November 25, 2021 (Royal Assent).

  Section 30.5 was enacted by 2008-12-11, effective May 1, 2008 (Royal Assent).

  Section 30.5 (1) BEFORE repealed by 2021-39-17, effective November 25, 2021 (Royal Assent).

(1) In this section, "unauthorized disclosure of personal information" has the same meaning as in section 30.2 (1).

  Section 31 BEFORE amended by 2003-5-8, effective March 28, 2003 (BC Reg 125/2003).

  Section 31.1 was added by 2004-64-3, effective October 21, 2004 (Royal Assent).

  Section 31.1 BEFORE repealed by 2021-39-19, effective November 25, 2021 (Royal Assent).

  Section 32 BEFORE amended by 2003-5-9, effective March 28, 2003 (BC Reg 125/2003).

A public body may use personal information only

  Section 32 BEFORE amended by 2011-17-11, effective November 14, 2011 (Royal Assent).

  Section 32 BEFORE re-enacted by 2021-39-20, effective November 25, 2021 (Royal Assent).

  Section 33 (d) BEFORE repealed by 2002-13-7(a) and (d.1) was added, effective April 11, 2002 (Royal Assent).

(d) for the purpose of complying with an enactment of, or with a treaty, arrangement or agreement made under an enactment of, British Columbia or Canada,

  Section 33 (f.1) was added by 2002-13-7(b), effective April 11, 2002 (Royal Assent).

  Section 33 BEFORE amended by 2003-5-10(a), effective March 28, 2003 (BC Reg 125/2003).

A public body may disclose personal information only

  Section 33 BEFORE amended by 2003-5-10(b), effective March 28, 2003 (BC Reg 125/2003).

(m) to the British Columbia Archives and Records Service, or the archives of a public body, for archival purposes,

  Section 33 BEFORE amended by 2004-64-3, effective October 21, 2004 (Royal Assent).

  Section 33 BEFORE re-enacted by 2011-17-12, effective November 14, 2011 (Royal Assent).

  Section 33 BEFORE re-enacted by 2021-39-21, effective November 25, 2021 (Royal Assent).

  Section 33 (2) (x) BEFORE amended by BC Reg 336/2021 under RS1996-440-12⁠(1), effective December 20, 2021 (BC Reg 336/2021).

(x) to an Indigenous governing entity for the purposes of a program or activity that supports the exercise of the rights recognized and affirmed by section 35 of the Constitution Act.

  Sections 33.1 and 33.2 were added by 2004-64-4, effective October 21, 2004 (Royal Assent).

  Section 33.1 (c.1) was added by 2005-35-9(a), effective November 24, 2005 (Royal Assent).

  Section 33.1 (i) was amended by 2005-35-9(b), effective November 24, 2005 (Royal Assent).

(i) for the purposes of

(i)  collecting monies owing by an individual to the government of British Columbia or to a public body, or

(ii)  making a payment owing by the government of British Columbia or by a public body to an individual;

  Section 33.1 (i.1) was added by 2005-35-9(b), effective November 24, 2005 (Royal Assent).

  Section 33.1 (1) (e) BEFORE amended by 2006-24-10(a), effective May 18, 2006 (Royal Assent).

(e) to a minister, if the information is immediately necessary for the performance of the duties of the minister;

  Section 33.1 (1) (e.1) was added by 2006-24-10(a), effective May 18, 2006 (Royal Assent).

  Section 33.1 (1) (p) was added by 2006-24-10(b), effective May 18, 2006 (Royal Assent).

  Section 33.1 (1) (d) (part) BEFORE amended by 2006-24-9, effective January 1, 2007.

(d) in accordance with a provision of a treaty, arrangement or agreement that

  Section 33.1 (1) (h) BEFORE amended by 2007-15-78, effective September 26, 2007 (BC Reg 298/2007).

(h) to the minister responsible for the Coroners Act or a person referred to in section 36 of that Act, for the purposes of that Act;

  Section 33.1 (1) (a.1) was added by 2008-12-12, effective May 1, 2008 (Royal Assent).

  Section 33.1 (1) BEFORE amended by 2011-17-13, effective November 14, 2011 (Royal Assent).

(1)  A public body may disclose personal information referred to in section 33 inside or outside Canada as follows:

(a) in accordance with Part 2;

(a.1) if the information or disclosure is of a type described in section 22 (4) (e), (f), (h), (i) or (j);

(b) if the individual the information is about has identified the information and consented, in the prescribed manner, to its disclosure inside or outside Canada, as applicable;

(c) in accordance with an enactment of British Columbia or Canada that authorizes or requires its disclosure;

(c.1) if it is made available to the public in British Columbia under an enactment, other than this Act, that authorizes or requires the information to be made public;

(d) in accordance with a provision of a treaty, arrangement or written agreement that

(i)  authorizes or requires its disclosure, and

(ii)  is made under an enactment of British Columbia or Canada;

(e) to an individual who is a minister, an officer of the public body or an employee of the public body other than a service provider, if

(i)  the information is necessary for the performance of the duties of the minister, officer or employee, and

(ii)  in relation to disclosure outside Canada, the outside disclosure is necessary because the individual is temporarily travelling outside Canada;

(e.1) to an individual who is a service provider of the public body, or an employee or associate of such a service provider, if

(i)  the information is necessary for the performance of the duties of the individual in relation to the public body, and

(ii)  in relation to disclosure outside Canada,

(A)  the individual normally receives such disclosure only inside Canada for the purpose of performing those duties, and

(B)  the outside disclosure is necessary because the individual is temporarily travelling outside Canada;

(f) to an officer or employee of the public body or to a minister, if the information is immediately necessary for the protection of the health or safety of the officer, employee or minister;

(g) to the Attorney General or legal counsel for the public body, for use in civil proceedings involving the government or public body;

(h) to the minister responsible for the Coroners Act or a person referred to in section 31 (1) of that Act, for the purposes of that Act;

(i) if

(i)  the disclosure is for the purposes of collecting amounts owing to the government of British Columbia or a public body by

(A)  an individual, or

(B)  a corporation of which the individual the information is about is or was a director or officer, and

(ii)  in relation to disclosure outside Canada, there are reasonable grounds for believing that

(A)  the individual the information is about is in, resides in or has assets in the other jurisdiction, or

(B)  if applicable, the corporation was incorporated in, is doing business in or has assets in the other jurisdiction;

(i.1) for the purposes of

(i)  a payment to be made to or by the government of British Columbia or a public body,

(ii)  authorizing, administering, processing, verifying or canceling such a payment, or

(iii)  resolving an issue regarding such a payment;

(j) in the case of the Insurance Corporation of British Columbia, if

(i)  the information was obtained or compiled by that public body for purposes of insurance provided by the public body, and

(ii)  disclosure of the information is necessary to investigate, manage or settle a specific insurance claim;

(k) for the purposes of

(i)  licensing or registration of motor vehicles or drivers, or

(ii)  verification of motor vehicle insurance, motor vehicle registration or drivers licences;

(l) for the purposes of licensing, registration, insurance, investigation or discipline of persons regulated inside or outside Canada by governing bodies of professions and occupations;

(m) if

(i)  the head of the public body determines that compelling circumstances exist that affect anyone's health or safety, and

(ii)  notice of disclosure is mailed to the last known address of the individual the information is about, unless the head of the public body considers that giving this notice could harm someone's health or safety;

(n) so that the next of kin or a friend of an injured, ill or deceased individual may be contacted;

(o) in accordance with section 36 (disclosure for archival or historical purposes);

(p) the disclosure

(i)  is necessary for

(A)  installing, implementing, maintaining, repairing, trouble shooting or upgrading an electronic system or equipment that includes an electronic system, or

(B)  data recovery that is being undertaken following failure of an electronic system

that is used in Canada by the public body or by a service provider for the purposes of providing services to a public body, and

(ii)  in the case of disclosure outside Canada,

(A)  is limited to temporary access and storage for the minimum time necessary for that purpose, and

(B)  in relation to data recovery under subparagraph (i) (B), is limited to access and storage only after the system failure has occurred.

  Section 33.1 (4), (5), (6) and (7) were added by 2011-17-13, effective November 14, 2011.

  Section 33.1 (1) (p) BEFORE amended by 2019-36-22(a), effective October 31, 2019 (Royal Assent).

(p) the disclosure

(i) is necessary for

(A) installing, implementing, maintaining, repairing, trouble shooting or upgrading an electronic system or equipment that includes an electronic system, or

(B) data recovery that is being undertaken following failure of an electronic system

that is used in Canada by the public body or by a service provider for the purposes of providing services to a public body, and

(ii) in the case of disclosure outside Canada,

(A) is limited to temporary access and storage for the minimum time necessary for that purpose, and

(B) in relation to data recovery under subparagraph (i) (B), is limited to access and storage only after the system failure has occurred;

  Section 33.1 (1) (p.1) and (p.2) were added by 2019-36-22(b), effective October 31, 2019 (Royal Assent).

  Section 33.1 (1) (o) BEFORE amended by 2021-3-10, effective March 25, 2021 (Royal Assent).

(o) in accordance with section 36 (disclosure for archival or historical purposes);

  Section 33.1 BEFORE re-enacted by 2021-39-21, effective November 25, 2021 (Royal Assent).

  Section 33.2 (d) BEFORE amended by 2005-35-10, effective November 24, 2005 (Royal Assent).

(d) to an officer or employee of the public body or to a minister, if the information is necessary for the delivery of a common or integrated program or activity and for the performance of the duties of the officer, employee or minister to whom the information is disclosed;

  Section 33.2 BEFORE amended by 2011-17-14, effective November 14, 2011 (Royal Assent).

  Section 33.2 (j) BEFORE amended by 2015-27-39, effective May 10, 2016 (BC Reg 109/2016).

(j) to the archives of the government of British Columbia or the archives of a public body, for archival purposes;

  Section 33.2 BEFORE repealed by 2021-39-21, effective November 25, 2021 (Royal Assent).

  Section 33.3 was added by 2011-17-15, effective November 14, 2011.

  Section 34 (2) BEFORE repealed by 2002-13-8, effective April 11, 2002 (Royal Assent).

(2)  The minister responsible for this Act must publish annually a list of the consistent purposes for which personal information is used or disclosed.

  Section 34 (1) (b) BEFORE amended by 2003-5-11, effective March 28, 2003 (BC Reg 125/2003).

(b) is necessary for performing the statutory duties of, or for operating a legally authorized program of, the public body that uses or discloses the information.

  Section 34 (1) BEFORE amended by 2004-64-5, effective October 21, 2004 (Royal Assent).

(1)  A use of personal information is consistent under section 32 or 33 with the purposes for which the information was obtained or compiled if the use

(a) has a reasonable and direct connection to that purpose, and

(b) is necessary for performing the statutory duties of, or for operating a legally authorized program of, the public body that uses or discloses the information or causes the information to be used or disclosed.

  Section 34 BEFORE re-enacted by 2011-17-16, effective November 14, 2011 (Royal Assent).

  Section 34 (part) BEFORE amended by 2021-39-22, effective November 25, 2021 (Royal Assent).

  Section 35 BEFORE amended by 2003-5-12(a), effective March 28, 2003 (BC Reg 125/2003).

A public body may disclose personal information for a research purpose, including statistical research, only if

  Section 35 (a.1) was added by 2003-5-12(b), effective March 28, 2003 (BC Reg 125/2003).

  Section 35 BEFORE amended by 2008-38-30, effective June 30, 2009 (BC Reg 38/2009).

  Section 35 (1) BEFORE amended by 2011-17-17, effective November 14, 2011 (Royal Assent).

(1)  A public body may disclose personal information or may cause personal information in its custody or under its control to be disclosed for a research purpose, including statistical research, only if

(a) the research purpose cannot reasonably be accomplished unless that information is provided in individually identifiable form or the research purpose has been approved by the commissioner,

(a.1) subject to subsection (2), the information is disclosed on condition that it not be used for the purpose of contacting a person to participate in the research,

(b) any record linkage is not harmful to the individuals that information is about and the benefits to be derived from the record linkage are clearly in the public interest,

(c) the head of the public body concerned has approved conditions relating to the following:

(i)  security and confidentiality;

(ii)  the removal or destruction of individual identifiers at the earliest reasonable time;

(iii)  the prohibition of any subsequent use or disclosure of that information in individually identifiable form without the express authorization of that public body, and

(d) the person to whom that information is disclosed has signed an agreement to comply with the approved conditions, this Act and any of the public body's policies and procedures relating to the confidentiality of personal information.

  Section 35 BEFORE repealed by 2021-39-21, effective November 25, 2021 (Royal Assent).

  Section 36 BEFORE amended by 2003-5-13, effective March 28, 2003 (BC Reg 125/2003).

The British Columbia Archives and Record Service, or the archives of a public body, may disclose personal information for archival or historical purposes if

  Section 36 (2) and (3) were added by 2008-12-13, effective May 1, 2008 (Royal Assent).

  Section 36 (1) and (3) BEFORE amended by 2011-17-18, effective November 14, 2011 (Royal Assent).

(1)  The archives of the government of British Columbia, or the archives of a public body, may disclose personal information or cause personal information in its custody or under its control to be disclosed for archival or historical purposes if

(a) the disclosure would not be an unreasonable invasion of personal privacy under section 22,

(b) the disclosure is for historical research and is in accordance with section 35,

(c) the information is about someone who has been dead for 20 or more years, or

(d) the information is in a record that has been in existence for 100 or more years.

(3)  A board or a francophone education authority, as those are defined in the School Act, may disclose personal information or cause personal information in its custody or under its control to be disclosed to an institution if

(a) the disclosure would not be an unreasonable invasion of personal privacy under section 22,

(b) the disclosure is for historical research and is in accordance with section 35,

(c) the information is about someone who has been dead for 20 or more years, or

(d) the information is in a record that has been in existence for 100 or more years.

  Section 36 (1) (part) BEFORE amended by 2015-27-40, effective May 10, 2016 (BC Reg 109/2016).

(1) In addition to the authority under sections 33.1, 33.2 and 33.3, the archives of the government of British Columbia, or the archives of a public body, may disclose personal information in its custody or under its control for archival or historical purposes if

  Section 36 BEFORE repealed by 2021-39-21, effective November 25, 2021 (Royal Assent).

  Part 3, Division 3 heading BEFORE amended by 2021-39-23, effective November 25, 2021 (Royal Assent).

Division 3 — Data-linking Initiatives

  Section 36.1 BEFORE re-enacted by 2021-39-24, effective November 25, 2021 (Royal Assent).

  Part 3, Division 4, sections 36.2 and 36.3, was enacted by 2021-39-25, effective February 1, 2023 (BC Reg 248/2022).

  Section 37 (4) BEFORE repealed by 2005-25-1, effective August 14, 2005 [retro from September 22, 2005 (Royal Assent)].

(4)  A person who is appointed under this section is not eligible to be reappointed as commissioner.

  Section 40 (3) BEFORE amended by 2003-62-2(a), effective January 1, 2001 [retro from October 23, 2003 (Royal Assent)].

(3)  If an order is made under subsection (2), the Public Service Pension Plan applies subject to subsections (4) and (5).

  Section 40 (5) BEFORE repealed by 2003-62-2(b), effective January 1, 2001 [retro from October 23, 2003 (Royal Assent)].

(5)  Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.

  Section 41 (4) BEFORE amended by 2003-5-14, effective March 28, 2003 (BC Reg 125/2003).

(4)  The commissioner may make a special report to the Legislative Assembly if, in the commissioner's opinion,

(a) the amounts and establishment provided for the office of commissioner in the estimates, or

(b) the services provided by the Public Service Employee Relations Commission are inadequate for fulfilling the duties of the office.

  Section 41 (4) (b) BEFORE amended by 2003-88-18, effective December 1, 2003 (BC Reg 443/2003).

(b) the services provided by the Public Service Employee Relations Commission

  Section 42 (1) (b) BEFORE amended by 2004-64-6(a), effective October 21, 2004 (Royal Assent).

(b) make an order described in section 58 (3) whether or not a review is requested,

  Section 42 (2) (e) BEFORE amended by 2004-64-6(b), effective October 21, 2004 (Royal Assent).

(e) personal information has been collected, used or disclosed by a public body in contravention of Part 3.

  Section 42 (2) (b) BEFORE amended by 2006-24-11, effective May 18, 2006 (Royal Assent).

(b) an extension of time for responding to a request is not in accordance with section 10,

  Section 42 (2) (a) BEFORE amended by 2007-14-204,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) a duty imposed by this Act or the regulations has not been performed,

  Section 42 (1) (a), (f) and (h) BEFORE amended by 2011-17-20, effective November 14, 2011 (Royal Assent).

(a) conduct investigations and audits to ensure compliance with any provision of this Act,

(f) comment on the implications for access to information or for protection of privacy of proposed legislative schemes or programs of public bodies,

(h) comment on the implications for protection of privacy of using or disclosing personal information for record linkage,

  Section 42 (1) (h) BEFORE repealed by 2021-39-26, effective November 25, 2021 (Royal Assent).

(h) comment on the implications for protection of privacy of using or disclosing personal information for data linking,

  Section 43 BEFORE re-enacted by 2002-13-9, effective April 11, 2002 (Royal Assent).

  Section 43 BEFORE re-enacted by 2021-39-27, effective November 25, 2021 (Royal Assent).

  Section 44 (2.1) was added by 2003-5-15, effective March 28, 2003 (BC Reg 125/2003).

  Section 44 (1) and (2) BEFORE amended by 2007-9-76(a), effective June 21, 2007 (BC Reg 226/2007).

(1)  In conducting an investigation under section 42 or an inquiry under section 56, the commissioner has the powers given to a commissioner by sections 15 and 16 of the Inquiry Act and the powers given by subsection (2) of this section.

(2)  The commissioner may require any record to be produced to the commissioner and may examine any information in a record, including personal information.

  Section 44 (2.1), (3) and (4) BEFORE amended by 2007-9-76(b), effective June 21, 2007 (BC Reg 226/2007).

(2.1)  If a person discloses a record that is subject to solicitor client privilege to the commissioner at the request of the commissioner, or under subsection (1) or (2), the solicitor client privilege of the record is not affected by the disclosure.

(3)  Despite any other enactment or any privilege of the law of evidence, a public body must produce to the commissioner within 10 days any record or a copy of any record required under subsection (1) or (2).

(4)  If a public body is required to produce a record under subsection (1) or (2) and it is not practicable to make a copy of the record, the head of that public body may require the commissioner to examine the original at its site.

  Section 44 (3.1) and (3.2) were added by 2008-12-14, effective May 1, 2008 (Royal Assent).

  Section 44 (5) BEFORE amended by 2021-39-28, effective November 25, 2021 (Royal Assent).

(5) After completing a review or investigating a complaint, the commissioner must return any record or any copy of any record produced by the public body concerned.

  Section 44.1 was enacted by 2007-9-77, effective June 21, 2007 (BC Reg 226/2007).

  Section 44.1 (1) BEFORE amended by 2021-39-29, effective November 25, 2021 (Royal Assent).

(1) At an oral hearing, the commissioner may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the commissioner may call on the assistance of any peace officer to enforce the order or direction.

  Section 44.2 was enacted by 2007-9-77, effective June 21, 2007 (BC Reg 226/2007).

  Section 45 (1) (part) BEFORE amended by 2021-39-30, effective November 25, 2021 (Royal Assent).

(1) A statement made or an answer given by a person during an investigation or inquiry by the commissioner is inadmissible in evidence in court or in any other proceeding, except

  Section 46 BEFORE amended by 2021-39-30, effective November 25, 2021 (Royal Assent).

  Section 47 (2.1), (2.2) and (2.3) were added by 2008-12-15, effective May 1, 2008 (Royal Assent).

  Section 47 (1) BEFORE amended by 2021-39-31, effective November 25, 2021 (Royal Assent).

(1) The commissioner and anyone acting for or under the direction of the commissioner must not disclose any information obtained in performing their duties, powers and functions under this Act, except as provided in subsections (2) to (5).

  Section 49 (1) BEFORE amended by 2002-13-10, effective April 11, 2002 (Royal Assent).

(a) the power to delegate under this section,

(b) the power to examine information described in section 12 (1) and (2) or 15 (Cabinet confidences and information harmful to law enforcement), and

(c) the duties, powers and functions specified in section 42 (1) (b), 43 or 58.

  Section 49 (1) BEFORE amended by 2003-5-16, effective March 28, 2003 (BC Reg 125/2003).

(1)  The commissioner may delegate to any person any duty, power or function of the commissioner under this Act, except

(a) the power to delegate under this section, and

(b) the power to examine information described in section 15.

(c) [Repealed 2002-13-10.]

  Section 49 (1.1) and (1.2) were added by 2003-5-16, effective March 28, 2003 (BC Reg 125/2003).

  Section 49 (1.2) BEFORE amended by 2003-37-22, effective May 29, 2003 (Royal Assent).

(1.2)  Subsection (1.1) does not apply if a delegate of the head of the police force or a delegate of the Attorney General makes the request referred to in paragraph (b) of that subsection.

  Section 49 (1.3) was added by 2003-37-22, effective May 29, 2003 (Royal Assent).

  Section 49 (1.1) (part) and (1.2) BEFORE amended by 2024-16-154, effective May 1, 2025 (BC Reg 48/2025).

(1.1) The commissioner may not delegate the power to examine information referred to in section 15 if the head of a police force or the Attorney General

(1.2) Despite section 66, the head of a police force may not delegate the power to make a request under subsection (1.1) (b).

  Section 50 BEFORE amended by 2009-21-4,Sch 1, effective October 29, 2009 (Royal Assent).

  Section 50 BEFORE renumbered as section 50 (1) by 2018-22-52(a) and BEFORE amended by 2018-22-52(b), effective December 1, 2019 (BC Reg 251/2019).

  Section 50 (2) was added by 2018-22-52(c), effective December 1, 2019 (BC Reg 251/2019).

  Section 52 (1) and (2) BEFORE amended by 2001-42-12, effective October 28, 2002 (BC Reg 284/2002).

(1)  A person who makes a request to the head of a public body, other than the commissioner, for access to a record or for correction of personal information may ask the commissioner to review any decision, act or failure to act of the head that relates to that request, including any matter that could be the subject of a complaint under section 42 (2).

(2)  A third party notified under section 24 of a decision to give access may ask the commissioner to review any decision made about the request by the head of a public body, other than the commissioner.

  Section 52 (1) and (2) BEFORE amended by 2006-24-12, effective May 18, 2006 (Royal Assent).

(1)  A person who makes a request to the head of a public body, other than the commissioner or the registrar under the Lobbyist Registration Act, for access to a record or for correction of personal information may ask the commissioner to review any decision, act or failure to act of the head that relates to that request, including any matter that could be the subject of a complaint under section 42 (2).

(2)  A third party notified under section 24 of a decision to give access may ask the commissioner to review any decision made about the request by the head of a public body, other than the commissioner or the registrar under the Lobbyist Registration Act.

  Section 52 BEFORE amended by 2018-52-25, effective May 4, 2020 (BC Reg 235/2019).

  Section 52 (1) BEFORE amended by 2021-39-32, effective November 25, 2021 (Royal Assent).

(1) A person who makes a request to the head of a public body, other than the commissioner or the registrar under the Lobbyists Transparency Act, for access to a record or for correction of personal information may ask the commissioner to review any decision, act or failure to act of the head that relates to that request, including any matter that could be the subject of a complaint under section 42 (2).

  Section 54.1 was enacted by 2008-12-16, effective May 1, 2008 (Royal Assent).

  Section 54.1 BEFORE amended by 2021-39-33, effective November 25, 2021 (Royal Assent).

  Section 56 (1) BEFORE amended by 2002-13-11, effective April 11, 2002 (Royal Assent).

(1)  If the matter is not referred to a mediator or is not settled under section 55, the commissioner must conduct an inquiry and may decide all questions of fact and law arising in the course of the inquiry.

  Section 56 (6) BEFORE amended by 2008-12-17(a), effective May 1, 2008 (Royal Assent).

(6)  An inquiry into a matter under review must be completed within 90 days after receiving the request for the review.

  Section 56 (7) and (8) were added by 2008-12-17(b), effective May 1, 2008 (Royal Assent).

  Section 58 (3) (a) BEFORE amended by 2002-13-12(a), effective April 11, 2002 (Royal Assent).

(a) require that a duty imposed by this Act or the regulations be performed;

  Section 58 (3) (e) BEFORE amended by 2002-13-12(b), effective April 11, 2002 (Royal Assent).

(e) require a public body to stop collecting, using or disclosing personal information in contravention of this Act;

  Section 58 (3) (e) BEFORE amended by 2004-64-7(a), effective October 21, 2004 (Royal Assent).

(e) require a public body to stop collecting, using or disclosing personal information in contravention of this Act, or confirm a decision of a public body to collect, use or disclose personal information;

  Section 58 (5) (b.1) was added by 2004-64-7(b), effective October 21, 2004 (Royal Assent).

  Section 58 (3) (b) BEFORE amended by 2006-24-13, effective May 18, 2006 (Royal Assent).

(b) confirm or reduce the extension of a time limit under section 10;

  Section 58 (3) (a) BEFORE amended by 2007-14-204,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) confirm that a duty imposed by this Act or the regulations has been performed or require that a duty imposed by this Act or the regulations be performed;

  Section 59 (1) BEFORE amended by 2004-64-8, effective October 21, 2004 (Royal Assent).

(1)  Not later than 30 days after being given a copy of an order of the commissioner, the head of the public body concerned must comply with the order unless an application for judicial review of the order is brought before that period ends.

  Section 59 (1) BEFORE amended by 2008-12-18(a), effective May 1, 2008 (Royal Assent).

(1)  Not later than 30 days after being given a copy of an order of the commissioner, the head of the public body concerned or the service provider to whom the order is directed, as applicable, must comply with the order unless an application for judicial review of the order is brought before that period ends.

  Section 59 (1.1) was added by 2008-12-18(b), effective May 1, 2008 (Royal Assent).

  Section 59 (2) BEFORE amended by 2008-12-18(c), effective May 1, 2008 (Royal Assent).

(2)  If an application for judicial review is brought before the end of the period referred to in subsection (1), the order of the commissioner is stayed from the date the application is brought until a court orders otherwise.

  Section 59 BEFORE amended by 2011-17-21, effective November 14, 2011 (Royal Assent).

  Section 59.01 was enacted by 2008-12-19, effective May 1, 2008 (Royal Assent).

  Section 59.1 was added by 2001-42-14, effective October 28, 2002 (BC Reg 284/2002).

  Section 59.1 BEFORE amended by 2006-24-14, effective May 18, 2006 (Royal Assent).

  Section 59.1 BEFORE amended by 2018-52-25, effective May 4, 2020 (BC Reg 235/2019).

  Part 5, Division 2 heading BEFORE amended by 2001-42-13, effective October 28, 2002 (BC Reg 284/2002).

Division 2 — Complaints About and Reviews of Decisions on Information in the Commissioner's Records

  Section 60 (1) BEFORE amended by 2003-5-17, effective March 28, 2003 (BC Reg 125/2003).

(1)  The Lieutenant Governor in Council may designate a person who is a judge of the Supreme Court to act as an adjudicator and

(a) to investigate complaints made against the commissioner as head of a public body with respect to any matter referred to in section 42 (2), and

(b) to review, if requested under section 62, any decision, act or failure to act of the commissioner as head of a public body.

  Section 60 (1) (c) was added by 2003-5-17, effective March 28, 2003 (BC Reg 125/2003).

  Section 60 (2) BEFORE amended by 2021-39-34, effective November 25, 2021 (Royal Assent).

(2) An adjudicator may retain the services of any persons necessary to assist the adjudicator in performing his or her functions under this Act.

  Section 60.1 was added by 2003-5-18, effective March 28, 2003 (BC Reg 125/2003).

  Section 60.1 BEFORE re-enacted by 2021-39-35, effective November 25, 2021 (Royal Assent).

  Section 61 (1) BEFORE amended by 2007-9-78, effective June 21, 2007 (BC Reg 226/2007).

(1)  For the purposes of section 60, an adjudicator has the powers, duties and functions given to the commissioner by sections 42 (2) (a) to (d), 43, 44 and 47 (1), (2) (a) and (3) to (5).

  Section 61 (3) was added by 2008-12-20, effective May 1, 2008 (Royal Assent).

  Section 62 (1) BEFORE amended by 2011-17-22, effective November 14, 2011 (Royal Assent).

(1)  A person who makes a request to the commissioner as head of a public body for access to a record or for correction of personal information may ask an adjudicator to review any decision, act or failure to act of the commissioner that relates to the request, including any matter that could be the subject of a complaint under section 42 (2) (a) to (d).

  Section 63 (2) and (3) BEFORE amended by 2011-17-23, effective November 14, 2011 (Royal Assent).

(2)  A request for a review of a decision of the commissioner must be delivered within

(a) 30 days after the person asking for the review is notified of the decision, or

(b) a longer period allowed by the adjudicator.

(3)  Section 53 (3) applies if the commissioner fails to respond in time to a request for access to a record.

  Section 65 (1) and (3) BEFORE amended by 2008-12-21, effective May 1, 2008 (Royal Assent).

(1)  An adjudicator has the powers and duties given to the commissioner by sections 55 and 56 (1) and (2), and sections 56 (3) to (6) and 57 apply to an inquiry conducted by the adjudicator.

(3)  Section 59 applies to an order of an adjudicator.

  Part 5.1, sections 65.1 to 65.7, was enacted by 2021-39-36, effective November 25, 2021 (Royal Assent).

  Section 66 (3) BEFORE repealed by 2011-17-24, effective November 14, 2011 (Royal Assent).

(3)  This section does not apply to a local public body.

  Section 69 BEFORE repealed by 2002-13-13, effective April 11, 2002 (Royal Assent).

  Section 69 (2) BEFORE amended by 2004-64-9(a), effective October 21, 2004 (Royal Assent).

(2)  The minister responsible for this Act must maintain and publish a personal information directory to provide information about records held, and about the use of those records, by ministries of the government of British Columbia.

  Section 69 (3) (a) BEFORE amended by 2004-64-9(b), effective October 21, 2004 (Royal Assent).

(a) the personal information banks that each ministry of the government of British Columbia holds;

  Section 69 (8) was added by 2004-64-9(c), effective October 21, 2004 (Royal Assent).

  Section 69 (1) (part) BEFORE amended by 2008-12-22(a), effective May 1, 2008 (Royal Assent).

(1)  In this section:

"information sharing agreement" means an agreement that sets conditions on one or more of the following:

  Section 69 (3) (b) BEFORE amended by 2008-12-22(b), effective May 1, 2008 (Royal Assent).

(b) the information sharing agreements into which each ministry of the government of British Columbia has entered;

  Section 69 (5) BEFORE amended by 2008-12-22(c), effective May 1, 2008 (Royal Assent).

(5)  The head of a ministry must conduct a privacy impact assessment and prepare an information sharing agreement in accordance with the directions of the minister responsible for this Act.

  Section 69 BEFORE amended by 2011-17-25, effective November 14, 2011 (Royal Assent).

  Section 69 (8) BEFORE amended by 2021-3-11, effective March 25, 2021 (Royal Assent).

(8) Not later than 60 days after making an order under section 33.1 (3) (orders allowing disclosure outside Canada), the minister responsible for this Act must publish a summary of the order.

  Section 69 (1) definition of "personal information bank" BEFORE amended by 2021-39-37(a), effective November 25, 2021 (Royal Assent).

"personal information bank" means a collection of personal information that is organized or retrievable by the name of an individual or by an identifying number, symbol or other particular assigned to an individual;

  Section 69 (3) (a) BEFORE amended by 2021-39-37(b), effective November 25, 2021 (Royal Assent).

(a) the personal information banks that are in the custody or control of each ministry of the government of British Columbia;

  Section 69 (5) and (5.2) to (5.5) BEFORE amended by 2021-39-37(c) to (e), effective November 25, 2021 (Royal Assent).

(5) The head of a ministry must conduct a privacy impact assessment in accordance with the directions of the minister responsible for this Act.

(5.2) If the minister responsible for this Act receives a privacy impact assessment under subsection (5.1) respecting a common or integrated program or activity or a data-linking initiative, the minister must submit, during the development of the proposed enactment, system, project, program or activity, the privacy impact assessment to the commissioner for the commissioner's review and comment.

(5.3) The head of a public body that is not a ministry must conduct a privacy impact assessment in accordance with the directions of the minister responsible for this Act.

(5.4) The head of a public body that is not a ministry, with respect to a proposed system, project, program or activity, must submit, during the development of the proposed system, project, program or activity, the privacy impact assessment, if it addresses a common or integrated program or activity or a data-linking initiative, to the commissioner for the commissioner's review and comment.

(5.5) The head of a public body must notify the commissioner of a data-linking initiative or of a common or integrated program or activity at an early stage of developing the initiative, program or activity.

  Section 69 (5.6) and (8) BEFORE repealed by 2021-39-37(f), effective November 25, 2021 (Royal Assent).

(5.6) If all the participants in a data-linking initiative are either a health care body, the ministry of the minister responsible for the administration of the Ministry of Health Act or a health-related organization as prescribed, then

(a) subsections (5.3), (5.4) and (5.5) do not apply with respect to a participant that is a health care body or a health-related organization as prescribed, and

(b) subsections (5), (5.1) and (5.5) do not apply with respect to a participant that is the ministry of the minister responsible for the administration of the Ministry of Health Act.

(8) Not later than 60 days after making an order under section 33.1 (3) [orders allowing disclosure outside Canada], the minister responsible for this Act must publish a summary of the order.

  Section 69 (10) was added by 2021-39-37(g), effective November 25, 2021 (Royal Assent).

  Section 69.1 was enacted by 2006-24-15, effective May 18, 2006 (Royal Assent).

  Section 69.1 (1) (part) BEFORE amended by 2008-12-23(a), effective May 1, 2008 (Royal Assent).

"health information sharing agreement" means an agreement under section 10.6 of the Health Act;

  Section 69.1 (3) (b) BEFORE amended by 2008-12-23(b), effective May 1, 2008 (Royal Assent).

(b) a summary of the health information sharing agreements into which each health care body has entered;

  Section 69.1 (5) (b) BEFORE amended by 2008-12-23(c), effective May 1, 2008 (Royal Assent).

(b) a health information sharing agreement to which it is a party

  Section 69.1 (1) definitions of "health care body", "health information bank" and "health information-sharing agreement" BEFORE amended by 2008-38-31(a)and (b), effective November 7, 2008 (BC Reg 314/2008).

"health care body" has the same meaning as in section 10.1 (1) of the Health Act;

"health information bank" has the same meaning as in section 10.1 (1) of the Health Act;

"health information-sharing agreement" means an agreement under section 10.6 of the Health Act;

  Section 69.1 (3) (a) BEFORE amended by 2008-38-31(c), effective November 7, 2008 (BC Reg 314/2008).

(a) the provisions of the order under section 10.2 (designation or establishment of health information banks) of the Health Act in relation to each health information bank that is in the custody or control of each health care body;

  Section 69.1 (3) (a) BEFORE amended by 2021-3-12, effective March 25, 2021 (Royal Assent).

(a) the provisions of the order under section 3 (establishment or designation of health information banks) of the E-Health (Personal Health Information Access and Protection of Privacy) Act in relation to each health information bank that is in the custody or control of each health care body;

  Section 69.1 (3) (a) BEFORE amended by 2021-39-38(a), effective November 25, 2021 (Royal Assent).

(a) the provisions of the order under section 3 [establishment or designation of health information banks] of the E-Health (Personal Health Information Access and Protection of Privacy) Act in relation to each health information bank that is in the custody or control of each health care body;

  Section 69.1 (5) BEFORE amended by 2021-39-38(b), effective November 25, 2021 (Royal Assent).

(5) A ministry that is a health care body must conduct a privacy impact assessment that is in relation to

(a) a health information bank in its custody or control, or

(b) a health information-sharing agreement to which it is a party

in accordance with the directions of the minister responsible for this Act.

  Section 69.1 (6) was added by 2021-39-38(c), effective November 25, 2021 (Royal Assent).

  Section 69.2 was added by 2011-17-26, effective November 14, 2011 (Royal Assent).

  Section 70 BEFORE re-enacted by 2021-39-39, effective November 25, 2021 (Royal Assent).

  Section 71 BEFORE amended by 2011-17-27, effective November 14, 2011 (Royal Assent).

  Section 71 (1.1) (a) BEFORE amended by 2021-39-40(a), effective November 25, 2021 (Royal Assent).

(a) may be disclosed under section 33.1 or 33.2, or

  Section 71 (1.3) and (1.4) were added by 2021-39-40(b), effective November 25, 2021 (Royal Assent).

  Section 71.1 was added by 2011-17-28, effective November 14, 2011 (Royal Assent).

  Section 71.1 (2) (a) BEFORE amended by 2021-39-41(a), effective November 25, 2021 (Royal Assent).

(a) may be disclosed under section 33.1 or 33.2, or

  Section 71.1 (6) and (7) were added by 2021-39-41(b), effective November 25, 2021 (Royal Assent).

  Section 72 BEFORE repealed by 2002-13-14, effective April 11, 2002 (Royal Assent).

  Section 73.1 was added by 2011-17-18, effective November 14, 2011 (Royal Assent).

  Section 73.2 was added by 2011-17-18, effective November 14, 2011 (Royal Assent).

  Section 73.2 (4) was added by 2015-27-41, effective May 10, 2016 (BC Reg 109/2016).

  Section 74 (1) (c) BEFORE amended by 2008-12-24, effective May 1, 2008 (Royal Assent).

(c) fail to comply with an order made by the commissioner under section 58 or by an adjudicator under section 65 (2).

  Section 74 (1) (part) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent)

(1) A person must not willfully do any of the following:

  Section 74 BEFORE repealed by 2021-39-42, effective November 25, 2021 (Royal Assent).

  Section 74.1 was added by 2004-64-10, effective October 21, 2004 (Royal Assent).

  Section 74.1 (1) BEFORE amended by 2008-12-25(a), effective May 1, 2008 (Royal Assent).

(1)  A person who contravenes section 30.4 (unauthorized disclosure) commits an offence.

  Section 74.1 (3) (e) was added by 2008-12-25(b), effective May 1, 2008 (Royal Assent).

  Section 74.1 (1) to (3) BEFORE amended by 2021-3-13, effective March 25, 2021 (Royal Assent).

(1) A person who contravenes section 30.4 (unauthorized disclosure) or 30.5 (notification of unauthorized disclosure) commits an offence.

(2) A person who is a service provider or an employee or associate of a service provider commits an offence if the person does any of the following:

(a) stores or allows access to personal information to which section 30.1 (location and access in Canada) applies contrary to that section;

(b) contravenes section 30.2 (obligation to report foreign demand for disclosure);

(c) contravenes section 30.3 (whistle-blower protection).

(3) If an employee or associate of a service provider

(a) stores or allows access to personal information to which section 30.1 (location and access in Canada) applies contrary to that section,

(b) contravenes section 30.2 (obligation to report foreign demand for disclosure),

(c) contravenes section 30.3 (whistle-blower protection),

(d) contravenes section 30.4 (unauthorized disclosure), or

(e) contravenes section 30.5 (notification of unauthorized disclosure),

in relation to personal information that is held because of the service provider's status as a service provider, the service provider commits an offence.

  Section 74.1 BEFORE repealed by 2021-39-42, effective November 25, 2021 (Royal Assent).

  Section 75 (4) and (5) BEFORE repealed by 2002-13-15, effective April 11, 2002 (Royal Assent).

(4)  If an applicant is required to pay fees for services under subsection (1), the public body must give the applicant an estimate of the total fee before providing the services.

(5)  The head of a public body may excuse an applicant from paying all or part of a fee 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

(b) the record relates to a matter of public interest, including the environment or public health or safety.

  Section 75 (5.1) was added by 2002-13-15, effective April 11, 2002 (Royal Assent).

  Section 75 BEFORE re-enacted by 2021-39-43, effective November 25, 2021 (Royal Assent).

  Section 76 (2) (i) BEFORE amended by 2002-13-16(a), effective April 11, 2002 (Royal Assent).

(i)  requiring public bodies to provide to the minister responsible for this Act information that relates to its administration or is required for preparing the minister's annual report, the freedom of information directory or the public record index;

  Section 76 (3) and (4) BEFORE repealed by 2002-13-16(b), effective April 11, 2002 (Royal Assent).

(3)  The Lieutenant Governor in Council may amend, by regulation, Schedule 2

(a) to add to it any agency, board, commission or other body

(i)  any member of which is appointed by the Lieutenant Governor in Council or a minister,

(ii)  a controlling interest in the share capital of which is owned by the government of British Columbia or any of its agencies, or

(iii)  that performs functions under an enactment, and

(b) to designate or change the designation of the head of a public body.

(4)  The Lieutenant Governor in Council may amend, by regulation, Schedule 3 to add to it the name of the governing body of a profession or occupation if

(a) any member of that body is appointed by the Lieutenant Governor in Council, a minister or an Act, or

(b) the profession or occupation is governed under an Act.

  Section 76 BEFORE amended by 2011-17-29, effective November 14, 2011 (Royal Assent).

  Section 76 (2) (m) BEFORE amended by 2015-27-42, effective May 10, 2016 (BC Reg 109/2016).

(m) providing for the retention and disposal of records by a public body if the Document Disposal Act does not apply to the public body;

  Section 76 (2) (h) BEFORE amended by 2021-39-44(a), effective November 25, 2021 (Royal Assent).

(h) prescribing the classes of individuals who may act for minors, incompetents, deceased persons or any other individuals under this Act and regulating the manner in which, and the extent to which, any rights or powers of individuals under this Act may be exercised on their behalf;

  Section 76 (2) (i.1) was added by 2021-39-44(b), effective November 25, 2021 (Royal Assent).

  Section 76 (2.1) (b) BEFORE amended by 2021-39-44(c), effective November 25, 2021 (Royal Assent).

(b) for the purposes of section 36.1 (1), respecting how data-linking initiatives must be carried out.

  Section 76.1 was added by 2002-13-17, effective April 11, 2002 (Royal Assent).

  Section 76.1 BEFORE re-enacted by 2006-24-16, effective May 18, 2006 (Royal Assent).

  Section 76.1 BEFORE amended by 2021-39-45, effective November 25, 2021 (Royal Assent).

  Section 77 (a) and (b) BEFORE amended by 2011-17-30, effective November 14, 2011 (Royal Assent).

(a) must designate a person or group of persons as the head of the local public body for the purposes of this Act,

(b) may authorize any person to perform any duty or exercise any function under this Act of the person or group of persons designated as the head of the local public body, and

  Section 79 BEFORE repealed by 2021-39-46, effective November 25, 2021 (Royal Assent).

  Section 80 BEFORE repealed by 2002-13-18, effective April 11, 2002 (Royal Assent).

  Schedule 1 definition of "day" was added by 2002-13-19(a), effective April 11, 2002 (Royal Assent).

  Schedule 1 definition of "personal information" BEFORE changes by 2002-13-19(b), effective April 11, 2002 (Royal Assent).

"personal information" means recorded information about an identifiable individual, including

(a) the individual's name, address or telephone number,

(b) the individual's race, national or ethnic origin, colour, or religious or political beliefs or associations,

(c) the individual's age, sex, sexual orientation, marital status or family status,

(d) an identifying number, symbol or other particular assigned to the individual,

(e) the individual's fingerprints, blood type or inheritable characteristics,

(f) information about the individual's health care history, including a physical or mental disability,

(g) information about the individual's educational, financial, criminal or employment history,

(h) anyone else's opinions about the individual, and

(i) the individual's personal views or opinions, except if they are about someone else;

  Schedule 1 definition of "personal information bank" BEFORE repealed by 2002-13-19(c), effective April 11, 2002 (Royal Assent).

"personal information bank" means a collection of personal information that is organized or retrievable by the name of an individual or by an identifying number, symbol or other particular assigned to an individual;

  Schedule 1 definition of "officer of the Legislature" BEFORE amended by 2002-50-20, effective September 30, 2002 (BC Reg 266/2002).

"officer of the Legislature" means the Auditor General, the Child, Youth and Family Advocate, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Chief Electoral Officer or the Ombudsman;

  Schedule 1 definition of "health care body" paragraph (h) BEFORE repealed by 2002-61-17, effective March 14, 2003 (BC Reg 78/2003).

(h) a community health council designated under section 6 (1) of the Health Authorities Act;

  Schedule 1 definition of "educational body", paragraph (b) BEFORE repealed by 2003-5-19(a), effective March 28, 2003 (BC Reg 125/2003).

(b) the University of Northern British Columbia,

  Schedule 1 definition of "local government body", paragraph (q) was added by 2003-5-19(b), effective March 28, 2003 (BC Reg 125/2003).

  Schedule 1 definition of "educational body", paragraph (c.1) BEFORE repealed by 2002-35-8, effective March 31, 2003 (BC Reg 31/2003).

(c.1) Technical University of British Columbia,

  Schedule 1 definition of "local government body", paragraphs (a), (b) and (c) BEFORE amended by 2003-52-79(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(a) a municipality as defined in the Local Government Act or the Resort Municipality of Whistler Act,

(b) the City of Vancouver,

(c) a regional district as defined in the Local Government Act,

  Schedule 1 definition of "local government body", paragraph (f) BEFORE amended by 2003-52-79(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(f) a greater board as defined in the Local Government Act or any incorporated board that provides similar services and is incorporated by letters patent,

  Schedule 1 definition of "educational body", paragraph (e) BEFORE repealed by 2004-33-18, effective June 11, 2004 (BC Reg 252/2004).

(e) the British Columbia Institute of Technology continued under the Institute of Technology Act,

  Schedule 1 definition of "local government body", paragraph (o) BEFORE amended by 2004-35-85, effective July 4, 2004 (BC Reg 274/2004).

(o) a board of cemetery trustees established under section 18 of the Cemetery and Funeral Services Act,

  Schedule 1 definitions of "employee" and "personal information" BEFORE amended by 2004-64-11(a), effective October 21, 2004 (Royal Assent).

"employee", in relation to a public body, includes a person retained under a contract to perform services for the public body;

"personal information" means recorded information about an identifiable individual;

  Schedule 1 definitions of "affiliate", "associate", "contact information" and "service provider" were added by 2004-64-11(b), effective October 21, 2004 (Royal Assent).

  Schedule 1 definition of "educational body" paragraph (d.1) was added by 2005-17-17, effective March 31, 2005 (BC Reg 201/2005).

  Schedule 1 definition of "local public body" paragraph (b.1) was added by 2004-60-104(a), effective July 1, 2005 (BC Reg 231/2005).

  Schedule 1 definition of "social services body" was added by 2004-60-104(b), effective July 1, 2005 (BC Reg 231/2005).

  Schedule 1 definition of "officer of the Legislature" BEFORE amended by 2005-35-11, effective November 24, 2005 (Royal Assent).

"officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Chief Electoral Officer or the Ombudsman;

  Schedule 1 definition of "access" was added by 2006-24-17, effective May 18, 2006 (Royal Assent).

  Schedule 1 definition of "officer of the Legislature" BEFORE amended by 2006-29-35, effective November 21, 2006 (BC Reg 303/2006).

"officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Chief Electoral Officer or the Ombudsman;

  Schedule 1 definition of "local government body" paragraph (p) BEFORE amended by 2007-41-64, effective November 30, 2007 (BC Reg 399/2007).

(p) the Greater Vancouver Transportation Authority, or

  Schedule 1 definition of "health care body" BEFORE amended by 2008-28-147, effective March 31, 2009 (BC Reg 49/2009).

"health care body" means

(a) a hospital as defined in section 1 of the Hospital Act,

(b) a Provincial auxiliary hospital established under the Hospital (Auxiliary) Act,

(c) a regional hospital district and a regional hospital district board under the Hospital District Act,

(d) a local board of health as defined in the Health Act,

(e) a metropolitan board of health established under the Health Act,

(f) a Provincial mental health facility as defined in the Mental Health Act, or

(g) a regional health board designated under section 4 (1) of the Health Authorities Act;

(h) [Repealed 2002-61-17.]

  Schedule 1 definition "officer of the legislature" BEFORE amended by 2009-21-4,Sch 1, effective October 29, 2009 (Royal Assent).

"officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Chief Electoral Officer, the merit commissioner appointed under the Public Service Act, the Representative for Children and Youth or the Ombudsman;

  Schedule 1 definition of "exercise of prosecutorial discretion" BEFORE amended by 2011-17-31, effective November 14, 2011.

"exercise of prosecutorial discretion" means the exercise by Crown Counsel, or by a special prosecutor, of a duty or power under the Crown Counsel Act, including the duty or power

(a) to approve or not to approve a prosecution,

(b) to stay a proceeding,

(c) to prepare for a hearing or trial,

(d) to conduct a hearing or trial,

(e) to take a position on sentence, and

(f) to initiate an appeal;

  Schedule 1 definitions of "agency", "common or integrated program or activity", "data linking", "data-linking initiative", "domestic violence", "intimate partner", "personal identity information", "program or activity", "provincial identity information services provider", and "social media site" were added by 2011-17-31, effective November 14, 2011 (Royal Assent).

  Schedule 1 definition of "educational body", paragraph (f) BEFORE repealed by 2003-48-14, effective November 23, 2012(BC Reg 327/2012).

(f) the Open Learning Agency established under the Open Learning Agency Act,

  Schedule 1 definition of "health care body", paragraph (i) was added by 2013-13-15, effective April 1, 2013 (BC Reg 145/2013).

  Schedule 1 paragraph (g) definition of "local government body" BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(g) a board of variance established under section 899 of the Local Government Act or section 572 of the Vancouver Charter,

  Schedule 1 definition of "local government body", paragraph (j) BEFORE amended by 2014-15-168, effective February 29, 2016 (BC Reg 35/2016).

(j) a water users' community as defined in the Water Act,

  Schedule 1 definitions of "digital archives" and "museum archives of government" were added by 2015-27-43, effective May 10, 2016 (BC Reg 109/2016).

  Schedule 1 definition of "local government body", paragraph (h) BEFORE amended by 2018-23-54,Sch 2, effective May 31, 2018 (Royal Assent).

(h) the trust council, the executive committee, a local trust committee and the trust fund board, as these are defined in the Islands Trust Act,

  Schedule 1 definition of "officer of the Legislature" BEFORE amended by 2018-48-18, effective November 27, 2018 (Royal Assent).

"officer of the Legislature" means the Auditor General, the Commissioner appointed under the Members' Conflict of Interest Act, the police complaint commissioner appointed under Part 9 of the Police Act, the Information and Privacy Commissioner, the Chief Electoral Officer, the merit commissioner appointed under the Public Service Act, the Representative for Children and Youth or the Ombudsperson;

  Schedule 1 definition of "associate", paragraph (e) BEFORE amended by 2021-3-14, effective March 25, 2021 (Royal Assent).

(e) subject to Division 2 (Use and Disclosure of Personal Information by Public Bodies) of Part 3, and

  Schedule 1 definitions of "aboriginal government", "access", "data-linking initiative" and "social media site" BEFORE repealed by 2021-39-47(a), (b), (d), and (i), effective November 25, 2021 (Royal Assent).

"aboriginal government" means an aboriginal organization exercising governmental functions;

"access" means, for the purposes of Part 3, disclosure of personal information by the provision of access to personal information;

"data-linking initiative" means a new or newly revised enactment, system, project, program or activity that has, as a component, data linking between

(a) two or more public bodies, or

(b) one or more public bodies and one or more agencies;

"social media site" means the Internet site referred to as Facebook, YouTube, Twitter or MySpace or a prescribed social media site;

  Schedule 1 definitions of "Indigenous governing entity", "common key", "data-linking program", "data set" and "Indigenous peoples" were added by 2021-39-47(a), (d), and (f), effective November 25, 2021 (Royal Assent).

  Schedule 1 definitions of "agency", "data-linking", "health care body", "intimate partner" and "public body" BEFORE amended by 2021-39-47(c), (d), (e), (g) and (h), effective November 25, 2021 (Royal Assent).

"agency" means, for the purposes of sections 33.2 (d) and 36.1 (3) (b) (i) and the definitions of "common or integrated program or activity" and "data-linking initiative",

(a) a government institution subject to the Privacy Act (Canada),

(b) an organization

(i) subject to the Personal Information Protection Act, or

(ii) operating in British Columbia that is subject to the Personal Information Protection and Electronic Documents Act (Canada),

(c) a public body, a government institution or an institution as defined in applicable provincial legislation having the same effect as this Act, or

(d) a prescribed entity;

"data linking" means the linking or combining of personal information in one database with personal information in one or more other databases if the purpose of the linking or combining is different from

(a) the purpose for which the information in each database was originally obtained or compiled, and

(b) every purpose that is consistent with each purpose referred to in paragraph (a);

"health care body" means

(a) a hospital as defined in section 1 of the Hospital Act,

(b) a Provincial auxiliary hospital established under the Hospital (Auxiliary) Act,

(c) a regional hospital district and a regional hospital district board under the Hospital District Act,

(d) and (e) [Repealed 2008-28-147.]

(f) a Provincial mental health facility as defined in the Mental Health Act,

(g) a regional health board designated under section 4 (1) of the Health Authorities Act, or

(h) [Repealed 2002-61-17.]

(i) British Columbia Emergency Health Services, as described in section 2 (1) of the Emergency Health Services Act;

"intimate partner" includes, with respect to an individual,

(a) a current or former spouse of the individual, by marriage or common law,

(b) a current or former boyfriend or girlfriend of the individual, and

(c) an individual referred to in paragraph (a) or (b) who is the same gender as the individual;

"public body" means

(a) a ministry of the government of British Columbia,

(b) an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2, or

(c) a local public body

but does not include

(d) the office of a person who is a member or officer of the Legislative Assembly, or

(e) the Court of Appeal, Supreme Court or Provincial Court;

  Schedule 1 definition of "judicial administration record" (part) BEFORE amended by 2023-47-11, effective January 15, 2024 (BC Reg 277/2023).

"judicial administration record" means a record containing information relating to a judge, master or a justice of the peace, including

  Schedule 2 (part) added by 2001-35-6, effective August 27, 2001 (Royal Assent).

  Schedule 2 (part) BEFORE deleted by 2002-12-12, effective April 11, 2002 (Royal Assent).

  Schedule 2 (part) BEFORE deleted by 2002-7-12, effective June 27, 2002 (BC Reg 158/2002).

  Schedule 2 (part) BEFORE deleted by 2001-38-33, effective June 30, 2002 (BC Reg 160/2002).

  Schedule 2 (part) BEFORE deleted by 2002-7-12, effective July 1, 2002 (BC Reg 157/2002).

  Schedule 2 (part) BEFORE deleted by 2002-25-31, effective July 12, 2002 (BC Reg 200/2002).

  Schedule 2 (part) BEFORE deleted by 2002-52-38, effective July 15, 2002 (BC Reg 173/2002).

  Schedule 2 (part) BEFORE deleted by 2002-50-21(a), effective September 30, 2002 (BC Reg 266/2002).

  Schedule 2 (part) added by 2002-50-21(b), effective September 30, 2002 (BC Reg 266/2002).

  Schedule 2 (part) added by 2001-42-15, effective October 28, 2002 (BC Reg 284/2002).

  Schedule 2 (part) BEFORE deleted by 2002-36-81(a), effective November 1, 2002 (BC Reg 171/2002).

  Schedule 2 (part) added by 2002-36-81(b), effective November 1, 2002 (BC Reg 171/2002).

  Schedule 2 (part) BEFORE deleted by 2002-43-54, effective December 30, 2002 (BC Reg 370/2002).

  Schedule 2 (part) BEFORE deleted by 2002-15-1(a), effective December 31, 2002 (BC Reg 336/2002).

  Schedule 2 (part) BEFORE amended by 2002-56-47, effective January 2, 2003 (BC Reg 346/2002).

  Schedule 2 (part) BEFORE deleted by 2002-66-45(a), effective March 3, 2003 (BC Reg 320/2002).

  Schedule 2 (part) added by 2002-66-45(b), effective March 3, 2003 (BC Reg 320/2002).

  Schedule 2 BEFORE amended by BC Reg 75/2003 under RS1996-165-76.1(1), effective March 7, 2003 (BC Reg 75/2003).

Schedule 2

(Note: see Schedule 1, definitions of "head" and "public body")

Public Bodies