Legislation affecting
Freedom of Information and Protection of Privacy Act.

Abortion Services Statutes Amendment Act, SBC 2001 c.8
Advanced Education Statutes Amendment Act, SBC 2002 c.35
Agricultural Land Commission Act, SBC 2002 c.36
Assessment Amendment Act, SBC 1998 c.22
Attorney General Statutes Amendment Act, SBC 2007 c.14
Budget Measures Implementation Amendment Act, SBC 2002 c.7
Building Officials' Association Act, SBC 1997 c.16
Capital Financing Authority Repeal and Debt Restructuring Act, SBC 1998 c.65
Children's Commission Act, SBC 1997 c.11
Child and Youth Statutes (Representation Improvement) Amendment Act, SBC 2007 c.5
Coastal Ferry Act, SBC 2003 c.14
College and Institute Amendment Act, SBC 2004 c.33    
Commercial Appeals Commission Repeal Act, SBC 2003 c.51
Community, Aboriginal and Women's Service Statutes Amendment Act, SBC 2003 c.15
Community Charter Council Act, SBC 2001 c.35
Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, SBC 2003 c.52
Community Living Authority Act, SBC 2004 c.60
Cremation, Internment and Funeral Services Act, SBC 2004 c.35
Crime Victim Assistance Act, SBC 2001 c.38
Deregulation Statutes Amendment Act, SBC 2002 c.12
Deregulation Statutes Amendment Act (no.2), SBC 2002 c.25
E-Health (Personal Health Information Access and Protection of Privacy) Act, SBC 2008 c.38
Emergency Communications Corporations Act, SBC 1997 c.47
Environmental Assessment Act, SBC 2002 c.43
Financial Administration Amendment Act, SBC 2003 c.54
Fisheries Renewal Act, SBC 1997 c.22
Forestries Act, SBC 2003 c.19
Freedom of Information and Protection of Privacy Amendment Act, SBC 2002 c.13
Freedom of Information and Protection of Privacy Amendment Act, SBC 2003 c.5
Freedom of Information and Protection of Privacy Amendment Act, SBC 2004 c.64
Freedom of Information and Protection of Privacy Amendment Act, SBC 2005 c.25
Greater Vancouver Transportation Authority Act, SBC 1998 c.30
Greater Vancouver Transportation Authority Amendment Act, SBC 2007 c.41
Health Authorities Amendment Act, SBC 2002 c.61
Health Professions (Regulatory Reform) Amendment Act, SBC 2008 c.29
Health Statutes Amendment Act, SBC 2007 c.19
Homeowner Protection Act, SBC 1998 c.31
Human Rights Code Amendment Act, SBC 2002 c.62
Industry Training and Apprenticeship Act, SBC 1997 c.50
Industry Training Authority Act, SBC 2003 c.34
Knowledge Network Corporation Act, SBC 2008 c.22
Labour and Citizens' Services Statute Amendment Act, SBC 2008 c.12
Land Reserve Commission Act, SBC 1999 c.14
Lobbyists' Registration Act, SBC 2001 c.42
Local Government Statutes Amendment Act, SBC 1998 c.34
Local Government Statutes Amendment Act, SBC 2000 c.7
Miscellaneous Statutes Amendment Act (no.3), SBC 2002 c.63
Miscellaneous Statutes Amendment Act, SBC 2003 c.7
Miscellaneous Statutes Amendment Act (no.2), SBC 2003 c.37
Miscellaneous Statutes Amendment Act (no.3), SBC 2003 c.96
Miscellaneous Statutes Amendment Act (no.2), SBC 2005 c.35
Miscellaneous Statutes Amendment Act, SBC 2006 c.15
Miscellaneous Statutes Amendment Act (no.2), SBC 2006 c.24
Miscellaneous Statutes Amendment Act, SBC 2007 c.8
Miscellaneous Statutes Amendment Act, SBC 2008 c.30
Museum Act, SBC 2003 c.12
Muskwa-Kechika Management Area Act, SBC 1998 c.38
Northern Development Act, SBC 1998 c.17
Office for Children and Youth Act, SBC 2002 c.50
Oil and Gas Commission Act, SBC 1998 c.39
Passenger Transportation Act, SBC 2004 c.39
Patient Care Quality Review Board Act, SBC 2008 c.35
Pension Statutes Amendment Act, SBC 2003 c.62
Police Amendment Act, SBC 1997 c.37
Private Career Training Institutions Act, SBC 2003 c.79
Private Managed Forest Land Act, SBC 2003 c.80
Procurement Services Act, SBC 2003 c.22
Provincial Revenue Statutes Amendment Act, SBC 2003 c.23
Public Agency Accommodation Act, SBC 2006 c.7
Public Inquiry Act, SBC 2007 c.9
Public Safety and Solicitor General Statutes Amendment Act, SBC 2002 c.52
Public Sector Pension Plans Act, SBC 1999 c.44
Public Service Amendment Act, SBC 2003 c.88
Representative for Children and Youth Act, SBC 2006 c.29
School Amendment Act, SBC 1997 c.52
Security Services Act, SBC 2008 c.30
Sustainable Resource Managment Statutes Amendment Act, SBC 2004 c.12
Technical University of British Columbia Act, SBC 1997 c.54
Thompson University Act, SBC 2005 c.17
Tourism British Columbia Act, SBC 1997 c.13
Transportation Investment (Port Mann Twinning) Amendment Act, SBC 2008 c.19
Transportation Statutes Amendment Act, SBC 2004 c.72
Workers Compensation Amendment Act, SBC 2002 c.56
Workers Compensation Amendment Act (no.2), SBC 2002 c.66

 

Abortion Services Statutes Amendment Act
SBC 2001 c.8

Disclosure of information relating to abortion services

22.1 (1) In this section, "abortion services" means lawful medical services for the termination of a pregnancy.

(2) The head of a public body must refuse to disclose to an applicant information that relates to the provision of abortion services.

(3) Subsection (2) does not apply to the following:

(a) information about abortion services that were received by the applicant;

(b) statistical information, including financial information, relating to the total number of abortion services provided throughout

(i) British Columbia, or

(ii) a region that is designated under section 4 (1) (b) of the Health Authorities Act if more than one health care body provides abortion services in that region;

(c) information about a public body's policies on the provision of abortion services.

(4) Nothing in this section prevents any other provision of this Act from applying if a request is made under section 5 by an applicant for access to a record containing information about abortion services that were received by the applicant.

Advanced Education Statutes Amendment Act
SBC 2002 c.35

Paragraph (c.1) BEFORE repealed by 2002-35-8:
(c.1) Technical University of British Columbia. [Added by 1997-54-22]

Agricultural Land Commission Act
SBC 2002 c.36

(a) by striking out the following

Public Body: Land Reserve Commission
Head:           Chair, and

Public Body: Provincial Agricultural Land Commission
Head:           Chair

Assessment Amendment Act
SBC 1998 c.22

(a) by striking out the following

Public Body: Assessment Appeal Board
Head:           Chair
Public Body: Courts of Revision (each Court)
Head:           Minister of Municipal Affairs, Recreation and Housing , and

Public Body: Property Assessment Appeal Board
Head:           Chair
Public Body: Property Assessment Review Panels (each Panel)
Head:           Minister of Municipal Affairs .

Attorney General Statutes Amendment Act
SBC 2007 c.14

Public Body: British Columbia Trade Development Corporation
Head:           Director of the Corporation
 

Budget Measures Implementation Act
SBC 1998 c.5

Public Body: British Columbia Systems Corporation
Head:           Chair of the Board of Directors

Budget Measures Implementation Act
SBC 2002 c.7

Public Body: Fisheries Renewal BC
Head:           Chair
Public Body: Forest Renewal BC
Head:           Chair
Public Body: New Forest Opportunities Ltd.
Head:           CEO, Forest Renewal BC
Public Body: Office of the Jobs and Timber Accord Advocate
Head:           CEO, Forest Renewal BC

 

Building Officials' Association Act
SBC 1997 c.16

Capital Financing Authority Repeal and Debt Restructuring Act
SBC 1998 c.6

Public Body: British Columbia Educational Institution Capital Financing Authority
Head:           Minister of Finance and Corporate Relations
Public Body: British Columbia School Districts Capital Financing Authority
Head:           Minister of Finance and Corporate Relations

Child and Youth Statutes (Representation Improvement) Amendment Act
SBC 2007 c.5

Public Body: Office of the Representative for Children and Youth
Head:           Representative for Children and Youth

Children's Commission Act
SBC 1997 c.11

(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; .

Coastal Ferry Act
SBC 2003 c.14

Public Body: British Columbia Ferry Corporation
Head:           Chair of the Board of Directors

College and Institute Amendment Act
SBC 2004 c.33

Schedule 1 definition of "educational body", paragraphs (e) BEFORE repealed by 2004-33-18:
(e) The British Columbia Institute of Technology continued under the Institute of Technology Act.

Commercial Appeals Commission Repeal Act
SBC 2003 c.51

(a) by striking out the following:

Public Body: Commercial Appeals Commission
Head:           Chair, and

Public Body: Financial Services Tribunal
Head:           Chair

Community, Aboriginal and Women's Services Statutes Amendment Act
SBC 2003 c.15

Public Body: British Columbia Heritage Trust
Head:           Chief Executive Officer

Community Charter Council Act
SBC 2001 c.35

Public Body: Community Charter Council under the Community Charter Council Act
Head:           Minister of State for Community Charter

Community Charter Transitional Provisions,
Consequential Amendments and Other Amendments Act
SBC 2003 c.52

(a) by repealing paragraphs (a), (b) and (c) and substituting the following:

(a) a municipality,
(c) a regional district, , and

Schedule 1 definition of "local government body", paragraphs (a), (b) and (c) BEFORE amended by 2003-52-79(a):

Community Living Authority Act
SBC 2004 c.60

(a) in the definition of "local public body" by adding the following:

(b.1) a social services body, , and

(b) by adding the following definition:

"social services body" means Community Living British Columbia established under the Community Living Authority Act;.

 

Cremation, Internment and Funeral Services Act
SBC 2004 c.35

(o) a board of trustees established under section 37 of the Cremation, Interment and Funeral Services Act, .

Schedule 1 definition of "local government body", paragraphs (o) BEFORE amended by 2004-35-85:

(o) a board of cemetary trustees established under section 18 of the Cemetary and Funeral Services Act.

(a) by striking out the following:

Public Body: Boards of Cemetary Trustees (each Board)
Head:           Attorney General, and

Public Body: Boards of Trustees established under section 38 of the Cremation, Internment and
                    Funeral Services Act (each Board)
Head:           Solicitor General.

 

Crime Victim Assistance Act
SBC 2001 c.38

Public Body: Criminal Injury Compensation Section of the Workers' Compensation Board
Head:           Chair

Deregulation Statutes Amendment Act
SBC 2002 c.12

Public Body: Office of the Northern Development Commissioner
Head:           Northern Development Commissioner

Deregulation Statutes Amendment Act (no.2)
SBC 2002 c.25

Public Body: British Columbia Health Research Foundation
Head:           Chair
Public Body: Hospitals Foundation of British Columbia
Head:           Chair

E-Health (Personal Information Access and Protection of Privacy)Act
SBC 2008 c.38
May 29, 2008 (RA)

(a) by renumbering the section as section 35 (1),

(b) by repealing subsection (1) (a.1) and substituting the following:

(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, , and

Section 35 (1)(a.1) BEFORE amended by 2008-38-30(b):
(a.1) the information is disclosed on condition that it not be used for the purpose of contacting a person to participate in the research,

(c) by adding the following subsection:

(2) Subsection (1) (a.1) does not apply in respect of research in relation to health issues if the commissioner approves

(a) the research purpose,

(b) the use of disclosed information for the purpose of contacting a person to participate in the research, and

(c) the manner in which contact is to be made, including the information to be made available to persons contacted.

31. Section 69.1 is amended

(a) in subsection (1) in the definition of "health care body" by striking out "section 10.1 of the Health Act;" and substituting "section 1 of the E-Health (Personal Health Information Access and Protection of Privacy) Act;",

(b) in subsection (1) by repealing the definitions of "health information bank" and "health information-sharing agreement" and substituting the following:

"health information bank" means a health information bank and a ministry database within the meaning of the E-Health (Personal Health Information Access and Protection of Privacy) Act;

"health information-sharing agreement" means an agreement under section 14 or 19 of the E-Health (Personal Health Information Access and Protection of Privacy) Act; , and

Section 69.1 (1) BEFORE amended by 2008-38-31(b):
"health information bank" has the same meaning as in section 10.1 (1) of the Health Act;,

(c) in subsection (3) (a) by striking out "section 10.2 (designation or establishment of health information banks) of the Health Act" and substituting "section 3 (establishment or designation of health information banks) of the E-Health (Personal Health Information Access and Protection of Privacy) Act".

32. Schedule 2 is amended by adding the following:

Public Body: Data Stewardship Committee
Head:           Chair.

Emergency Communications Corporations Act
SBC 1997 c.47

Public Body: Emergency Communications Corporation under the Emergency Communications Corporations Act
Head:           General Manager or President (as applicable) .

Environmental Assessment Act
SBC 2002 c.43

Public Body: Environmental Assessment Board
Head:           Chair

Financial Administration Amendment Act
SBC 2003 c.54

Schedule A

Fisheries Renewal Act
SBC 1997 c.22

Public Body: Fisheries Renewal BC
Head:           Chair

Foresters Act
SBC 2003 c.19

Freedom of Information and Protection of Privacy Amendment Act
SBC 2002 c.13

(1) To obtain access to a record, the applicant must make a written request that

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

(b) provides written proof of the authority of the applicant to make the request, if the applicant is acting on behalf of another person in accordance with the regulations, and

(c) is submitted to the public body that the applicant believes has custody or control of the record.

2. Section 7 is repealed and the following substituted:

Time limit for responding

(1) Subject to this section and sections 23 and 24 (1), the head of a public body must respond not later than 30 days after receiving a request described in section 5 (1).

(2) The head of the public body is not required to comply with subsection (1) if

(a) the time limit is extended under section 10, or

(b) the request has been transferred under section 11 to another public body.

(3) If the head of a public body asks the commissioner under section 43 for authorization to disregard a request, the 30 days referred to in subsection (1) do not include the period from the start of the day the application is made under section 43 to the end of the day a decision is made by the commissioner with respect to that application.

(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.

(6) If a third party asks under section 52 (2) that the commissioner review a decision of the head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the written request for review is delivered to the commissioner to the end of the day the commissioner makes a decision with respect to the review requested.

(7) If a person asks under section 62 (2) for a review of a decision of the commissioner as head of a public body, the 30 days referred to in subsection (1) do not include the period from the start of the day the request for review is delivered to the minister responsible for this Act to the end of the day the adjudicator makes a decision with respect to the review requested.

Section 10(1) BEFORE amended by 2002-13-3:
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

4. Section 11 (1) is amended by striking out "10 days" and substituting "20 days".

5. Section 21 (1) (a) (ii) is amended by striking out "of a third party," and substituting "of or about a third party,".

6. Section 27 (1) is amended by adding the following paragraph

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

(i) to collect the information directly from that individual, or

(ii) to obtain authority under paragraph (a) (i) for another method of collection, .

(a) by repealing paragraph (d) and substituting the following paragraphs:

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

(d.1) in accordance with a provision of a treaty, arrangement or agreement that

(i) authorizes or requires its disclosure, and

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

(f.1) to an officer or employee of a 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 or employee or minister to whom the information is disclosed, .

  8. Section 34 (2) is repealed.

9. Section 43 is repealed and the following substituted:

If the head of a public body asks, the commissioner may authorize the public body to disregard requests under section 5 or 29 that

(a) would unreasonably interfere with the operations of the public body because of the repetitious or systematic nature of the requests, or

(b) are frivolous or vexatious.

10. Section 49 (1) is amended by adding "and" at the end of paragraph (a), by repealing paragraphs (b) and (c) and substituting the following:

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

11. Section 56 (1) is amended by striking out "must conduct an inquiry and may" and substituting "may conduct and inquiry". 

12. Section 58 (3) is amended

(a) by adding repealing paragraph (a) and substituting the following:

(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 regulation be performed.

(b) by repealing paragraph (e) and substituting the following:

(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; .

13. Section 69 is repealed and the following substituted:

Personal information directory

69(1) In this section:

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

(a) the exchange of personal information between a public body and a person, a group of persons or an organization;
(b)the disclosure of personal information by a public body to a person, a group of persons or an organization;
(c) the collection of personal information by a public body from a person, a group of persons or an organization;

"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;

"privacy impact assessment" means an assessment that is conducted to determine if a new enactment, system, project or program meets the requirements of Part 3 of this Act.

(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.

(3) The personal information directory must include a summary that meets the requirements of the minister responsible for this Act of the following information:

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

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

(c) the privacy impact assessments that each ministry of the government of British Columbia has conducted;

(d) any other information the minister responsible for this Act considers appropriate.

(4) The head of a ministry must correct as soon as possible any errors or omissions in the portion of the personal information directory that relates to the ministry, and provide the corrected information to the minister responsible for this Act.

(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.

(6) The head of a public body that is not a ministry must make available for inspection and copying by the public a directory that lists the public body's personal information banks and includes the following information with respect to each personal information bank:

(a) its title and location;

(b) a description of the kind of personal information and the categories of individuals whose personal information is included;

(c) the authority for collecting the personal information;

(d) the purposes for which the personal information was obtained or compiled and the purposes for which it is used or disclosed;

(e) the categories of persons who use the personal information or to whom it is disclosed;

(f) information required under subsection (7).

(7) The minister responsible for this Act may require one or more public bodies, or classes of public bodies, that are not ministries of the government of British Columbia

(a) to provide additional information for the purposes of subsection (6), and

(b) to comply with one or more of the subsections in this section as if the public body were a ministry of the government of British Columbia.

(4) If an applicant is required to pay a fee for services under subsection (1), the head of the public body

(a) must give the applicant a written estimate of the total fee before providing the service, and
(b) may require the applicant to pay a deposit in the amount set by the head of the public body.

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

(a) the applicant cannot afford the payment or for any other reason it is fair to excuse payment, or
(b) the record relates to a matter of public interest, including the environment or public health or safety.

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

16. Section 76 is amended

(a) in subsection (2)(i) by striking out ", the freedom of information directory or the public record index", and
(b) by repealing subsections (3) and (4).

17.  Section 76.1 was ADDED by 2002-13-17

18. Section 80 is repealed and the following substituted:

80. (1) At least once every 6 years, a special committee of the Legislative Assembly must begin a comprehensive review of this Act and must submit a report respecting this Act to the Legislative Assembly within one year after the date of the appointment of the special committee. 

(2) A report submitted under subsection (1) may include any recommended amendments to this Act or any other Act. 

(3) For the purposes of subsection (1), the first 6 year period begins on October 4, 1997.

A special committee of the Legislative Assembly must begin a comprehensive review of this Act by October 4, 1997 and must submit to the Legislative Assembly, within one year after beginning the review, a report that includes any amendments recommended by the committee.

(a) by adding the following definition

"day" does not include a holiday or a Saturday;,

(b) by repealing the definition of "personal information" and substituting the following

"personal information" means recorded information and an identifiable individual;, and

(c) by repealing the definition of "personal information bank".

Freedom of Information and Protection of Privacy Amendment Act
SBC 2003 c.5

(a) by repealing paragraph (f) and substituting the following:

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

(b) in paragraph (g) by striking out "the public body;" and substituting "a public body;".

2. Section 21 (3) (b) is amended by striking out "the British Columbia Archives and Records Service"and substituting "the archives of the government of British Columbia".

Section 31 (3) (b) BEFORE amended by 2003-5-2:
(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.  

3. Section 27 (1) is amended

(a) by striking out "A public body must collect personal information"and substituting "A public body must collect personal information or cause personal information to be collected", and

(b) in paragraph (a.1) by striking out "the public body is not able" and substituting "it is not possible".

Section 27 (1)  BEFORE amended by 2003-5-3(a):
(1) A public body must collect personal information directly from the individual the information is about unless

4. Section 27 (2) is amended by striking out ""A public body must tell an individual from whom it collects personal information" and substituting "A public body must ensure that an individual from whom it collects personal information or causes personal information to be collected is told".

Section 27 (2) BEFORE amended by 2003-5-4:
A public body must tell an individual from whom it collects personal information

5. Section 27 (3) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following:

(c) the information

(i) is not required, under subsection (1), to be collected directly from the individual the information is about, and
(ii) is not collected directly from the individual the information is about.

6. Section 28 is repealed and the following substituted:

Accuracy of personal information

28 If
(a) an individual's personal information is in the custody or under the control of a public body, and
(b) the personal information will be used by or on behalf of the public body to make a decision that directly affects the individual, the public body must make every reasonable effort to ensure that the personal information is accurate and complete.

Accuracy of personal information

28 If an individual's personal information will be used by a public body to make a decision that directly affects the individual, the public body must make every reasonable effort to ensure that the personal information is accurate and complete.

7. Section 30 is amended by adding "in the custody or under the control of the public body" after "personal information".

8. Section 31 is repealed and the following substituted:

Retention of personal information

31 If an individual's personal information
(a) is in the custody or under the control of a public body, and
(b) is used by or on behalf of the public body to make a decision that directly affects the individual, the public body must ensure that the personal information is retained for at least one year after being used so that the affected individual has a reasonable opportunity to obtain access to that personal information.

9. Section 32 is amended by striking out "A public body may use personal information" and substituting "A public body must ensure that personal information in its custody or under its control is used".

10. Section 33 is amended

(a) by striking out "A public body may disclose personal information" and substituting "A public body must ensure that personal information in its custody or under its control is disclosed", and

(b) by repealing paragraph (m) and substituting the following:

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

11. Section 34 (1) (b) is amended by striking out "discloses the information." and substituting "discloses the information or causes the information to be used or disclosed."

12. Section 35 is amended

(a) by adding "or may cause personal information in its custody or under its control to be disclosed" after "disclose personal information", and

(b) by adding the following paragraph:

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

13. Section 36 is amended by striking out "The British Columbia Archives and Record Service, or the archives of a public body, may disclose personal information" and substituting "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".

14. Section 41 (4) is repealed and the following substituted:

(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 BC Public Service agency are inadequate for fulfilling the duties of the office.

(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.

15. Section 44 is amended by adding the following subsection:

(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.

16. Section 49 (1) is repealed and the following substituted:

(1) Subject to this section, the commissioner may delegate to any person any duty, power or function of the commissioner under this Act, other than the power to delegate under this section.

(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

(b) has requested the commissioner not to delegate the power to examine that information.

(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.

17. Section 60 (1) is amended by striking out "and" at the end of paragraph (a) and by repealing paragraph (b) and substituting the following:

(b) to determine, if requested under section 60.1, whether the commissioner as head of a public body is authorized to disregard a request made under section 5 or 29, and

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

18. The following section is added:

Disregard of request under section 5 or 29

60.1 The commissioner may request an adjudicator designated under section 60 to authorize the commissioner as head of a public body to disregard requests made under section 5 or 29 that

(a) would unreasonably interfere with the operations of the public body because of the repetitious or systematic nature of the requests, or 

(b) are frivolous or vexatious.

19. Schedule 1 is amended

(a) in the definition of "educational body" by repealing paragraph (b), and

(b) in the definition of "local government body" by striking out "or" at the end of paragraph (o), by adding ", or" at the end of paragraph (p) and by adding the following paragraph:

(q) the Park Board referred to in section 485 of the Vancouver Charter; .

Commencement

20. This Act comes into force by regulation of the Lieutenant Governor in Council.

Freedom of Information and Protection of Privacy Amendment Act
SBC 2004 c.64

(a) by repealing subsection (1) (c) and substituting the following:

(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; , and

(b) by adding the following subsection:

(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);
(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 (1)(c) BEFORE amended by 2004-64-1(a):
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;

2. Section 30 is repealed and the following substituted:

Protection of personal information

30. A public body must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.

Section 30 BEFORE amended by 2004-64-2:
The head of a public body must protect personal information in the custody or under the control of the public body by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.

 

Storage and access must be in Canada

30.1. A public body must ensure that personal information in its custody or under its control is stored only in Canada and accessed only in Canada, unless one of the following applies:

(a) if the individual the information is about has identified the information and has consented, in the prescribed manner, to it being stored in or accessed from, as applicable, another jurisdiction;

(b) if it is stored in or accessed from another jurisdiction for the purpose of disclosure allowed under this Act.

Obligation to report foreign demand for disclosure

30.2 (1) In this section:

"foreign demand for disclosure" means a subpoena, warrant, order, demand or request that is

(a) from a foreign court, an agency of a foreign state or another authority outside Canada, and

(b) for the unauthorized disclosure of personal information to which this Act applies;

"unauthorized disclosure of personal information" means disclosure of, production of or the provision of access to personal information to which this Act applies, if that disclosure, production or access is not authorized by this Act.

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

(a) receives a foreign demand for disclosure,

(b) receives a request to disclose, produce or provide access to personal information to which this Act applies, if the public body, employee or other person receiving the request

(i) knows that the request is for the purpose of responding to a foreign demand for disclosure, or

(ii) has reason to suspect that it is for such a purpose, or

(c) has reason to suspect that unauthorized disclosure of personal information has occurred in response to a foreign demand for disclosure,

the head of the public body, the employee or other person must immediately notify the minister responsible for this Act.

(3) The notice under subsection (2) must include, as known or suspected,

(a) the nature of the foreign demand for disclosure,

(b) who made the foreign demand for disclosure,

(c) when the foreign demand for disclosure was received, and

(d) what information was sought by or disclosed in response to the foreign demand for disclosure.

Whistle-blower protection

30.3 An employer, whether or not a public body, must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee of the employer, or deny that employee a benefit, because

(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,

(b) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the commissioner that the employer or any other person has contravened or is about to contravene this Act,

(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene this Act,

(d) the employee, acting in good faith and on the basis of reasonable belief, has refused to do or stated an intention of refusing to do anything that is in contravention of this Act, or

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

Unauthorized disclosure prohibited

30.4 A person referred to in section 31.1 who has access, whether authorized or unauthorized, to personal information in the custody or control of a public body, must not disclose that information except as authorized under this Act.

3. The following section is added to Division 1 of Part 3:

Application to employees and others

31.1 The requirements and restrictions established by this Part also apply to

(a) the employees, officers and directors of a public body, and

(b) in the case of an employee that is a service provider, all employees and associates of the service provider.

4. Section 33 is repealed and the following substituted:

Disclosure of personal information

33 A public body must ensure that personal information in its custody or under its control is disclosed only as permitted under section 33.1 or 33.2.

Section 33 BEFORE amended by 2004-64-4:
A public body must ensure that personal information in its custody or under its control is disclosed only

(a) in accordance with Part 2,

(b) if the individual the information is about has identified the information and consented, in the prescribed manner, to its disclosure,

(c) for the purpose for which it was obtained or compiled or for a use consistent with that purpose (see section 34),

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

(d.1) in accordance with a provision of a treaty, arrangement or agreement that

(i) authorizes or requires its disclosure, and

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

(e) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information,

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

(f.1) to an officer or employee of a 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 or employee or minister to whom the information is disclosed,

(g) to the Attorney General for use in civil proceedings involving the government,

(h) to the Attorney General or a person referred to in section 36 of the Coroners Act, for the purposes of that Act,

(i) for the purpose of

(i) collecting a debt or fine 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,

(j) to the auditor general or any other prescribed person or body for audit purposes,

(k) to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem,

(l) to a representative of the bargaining agent who has been authorized in writing by the employee, whom the information is about, to make an inquiry,

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

(n) to a public body or a law enforcement agency in Canada to assist in an investigation

(i) undertaken with a view to a law enforcement proceeding, or

(ii) from which a law enforcement proceeding is likely to result,

(o) if the public body is a law enforcement agency and the information is disclosed

(i) to another law enforcement agency in Canada, or

(ii) to a law enforcement agency in a foreign country under an arrangement, written agreement, treaty or legislative authority,

(p) if the head of the public body determines that compelling circumstances exist that affect anyone's health or safety and if notice of disclosure is mailed to the last known address of the individual the information is about,

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

(r) in accordance with sections 35 and 36.

Disclosure inside or outside Canada

33.1 (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;

(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;

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

(i) authorizes or requires its disclosure, and

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

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

(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 36 of that Act, for the purposes of that Act;

(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;

(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).

(2) In addition to the authority under any other provision of this section or section 33.2, a public body that is a law enforcement agency may disclose personal information referred to in section 33

(a) to another law enforcement agency in Canada, or

(b) to a law enforcement agency in a foreign country under an arrangement, a written agreement, a treaty or provincial or Canadian legislative authority.

(3) The minister responsible for this Act may, by order, allow disclosure outside Canada under a provision of section 33.2 in specific cases or specified circumstances, subject to any restrictions or conditions that the minister considers advisable.

Disclosure inside Canada only

33.2 A public body may disclose personal information referred to in section 33 inside Canada as follows:

(a) for the purpose for which it was obtained or compiled or for a use consistent with that purpose (see section 34);

(b) to comply with a subpoena, warrant or order issued or made by a court, person or body in Canada with jurisdiction to compel the production of information;

(c) to an officer or employee of the public body or to a minister, if the information is necessary for the performance of the duties of the officer, employee or minister;

(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;

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

(f) to the auditor general or any other prescribed person or body for audit purposes;

(g) to a member of the Legislative Assembly who has been requested by the individual the information is about to assist in resolving a problem;

(h) to a representative of the bargaining agent, who has been authorized in writing by the employee whom the information is about, to make an inquiry;

(i) to a public body or a law enforcement agency in Canada to assist in a specific investigation

(i) undertaken with a view to a law enforcement proceeding, or

(ii) from which a law enforcement proceeding is likely to result;

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

(k) in accordance with section 35 (disclosure for research or statistical purposes).

5. Section 34 (1) is amended by striking out "33" and substituting "33.2".

6. Section 42 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) make an order described in section 58 (3), whether the order results from an investigation or audit under paragraph (a) or an inquiry under section 56, , and

(b) by repealing subsection (2) (e) and substituting the following:

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

(i) a public body or an employee, officer or director of a public body, or
(ii) an employee or associate of a service provider.

Section 42 (1)(e) BEFORE amended by 2004-64-6(b):
(e) personal information has been collected, used or disclosed by a public body in contravention of Part 3.

7. Section 58 is amended

(a) by repealing subsection (3) (e) and substituting the following:

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

(b) in subsection (5) by adding the following paragraph:

(b.1) any service provider to whom the order is directed; .

Section 58 (5)(b.1) ADDED by 2004-64-7(b).

8. Section 59 (1) is repealed and the following substituted:

(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.

9. Section 69 is amended

(a) by repealing subsection (2) and substituting the following:

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

(b) by repealing subsection (3) (a) and substituting the following:

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

(c) by adding the following subsection:

(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 (3)(a) BEFORE amended by 2004-64-9(b):
the personal information banks that each ministry of the government of British Columbia holds;  

Section 69(8) ADDED by 2004-64-9(c)

10. The following section is added:

Privacy protection offences

74.1 (1) A person who contravenes section 30.4 (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), or

(d) contravenes section 30.4 (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.

(4) If a corporation commits an offence under this section, an officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.

(5) A person who commits an offence under this section is liable

(a) in the case of an individual, other than an individual who is a service provider, to a fine of up to $2 000,

(b) in the case of a partnership that is or individual who is a service provider, to a fine of up to $25 000, and

(c) in the case of a corporation, to a fine of up to $500 000.

(6) The time limit for laying an information to commence a prosecution for an offence under this section is

(a) one year after the date on which the act or omission that is alleged to constitute the offence occurred, or

(b) if the minister responsible for this Act issues a certificate described in subsection (7), one year after the date on which the minister learned of the act or omission referred to in paragraph (a).

(7) A certificate purporting to have been issued by the minister responsible for this Act certifying the date referred to in subsection (6) (b) is proof of that date.

(8) In a prosecution for an offence under this section, it is a defence for the person charged to prove that the person exercised due diligence to avoid the commission of the offence.

11. Schedule 1 is amended

(a) by repealing the definitions of "employee" and "personal information" and substituting the following:

"employee", in relation to a public body, includes

(a) a volunteer, and

(b) a service provider;

"personal information" means recorded information about an identifiable individual other than contact information; , and

(b) by adding the following definitions:

"affiliate" means an affiliate within the meaning of the Business Corporations Act;

"associate" means, in relation to a service provider,

(a) an officer, director or partner of the service provider,

(b) an affiliate of the service provider,

(c) a subcontractor, or further sub-subcontractor, of the service provider or an affiliate of the service provider, or

(d) an employee, officer, director or partner of an affiliate referred to in paragraph (b) or of a subcontractor or further sub-subcontractor referred to in paragraph (c),

to or through whom access is made available to personal information that is

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

(f) held because of the service provider's status as a service provider;

"contact information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual;

"service provider" means a person retained under a contract to perform services for a public body; .

Freedom of Information and Protection of Privacy Amendment Act
SBC 2005 c.25

Section 37(4) BEFORE repealed by 2005-25-1:
(4) A person who is appointed under this section is not eligible to be reappointed as commissioner.

Transitional 

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:

Greater Vancouver Transportation Authority Act
SBC 1998 c.30

(p) the Greater Vancouver Transportation Authority;

79. Schedule 2 is amended

(a) by striking out the following

Public Body: Vancouver Regional Transit Commission
Head:           Chair, and

Public Body: British Columbia Regional Hospital Districts Financing Authority
Head:           Minister of Finance and Corporate Relations

 

Greater Vancouver Transportation Authority Amendment Act
SBC 2007 c.41

(p) The South Coast British Columbia Transportation Authority, or .

Schedule 1 definition of "local government body" paragraph (p) BEFORE repealed by 2007-41-64:
(p) The Greater Vancouver Transportation Authority; [Added by 1998-30-78]

65. Schedule 2 is amended

(a) by adding the following

Public Body: Office of the Regional Transportation Commissioner appointed under the South Coast British Columbia Transportation Authority Act
Head:           Commissioner

Public Body: Screening Panels (each panel) under the South Coast British Columbia Transportation Authority Act
Head:           Chair , and

Health Authorities Amendment Act
SBC 2002 c.61

Schedule 1 definition of "health care body" paragraph (h) BEFORE repealed by 2002-61-17:
(h) a community health council designated under section 6(1) of the Health Authorities Act;

Health Planning Statutes Amendment Act
SBC 2002 c.15

(a) in Schedule 2 by striking out the following:

Public Body: Health Professional Council
Head:           Chair

Public Body: Seniors Advisory Council
Head:           Minister of Health and Minister Responsible for Seniors, and

Health Professions (Regulatory Reform) Amendment Act
SBC 2008 c.29

Public Body: Health Professions Review Board
Head:           Chair

Health Statutes Amendment Act
SBC 2007 c.19

(a) by striking out the following:

Public Body: Emergency Health Services Commission
Head:           Minister of Health Services , and

Public Body: Emergency and Health Services Commission
Head:           Minister of Health 

Homeowner Protection Act
SBC 1998 c.31

Public Body: Homeowner Protection Office
Head:           Chief Executive Officer

Human Rights Code Amendment Act
SBC 2002 c.62

Public Body: British Columbia Human Rights Commission
Head:           Chief Chief Commissioner

Industry Training and Apprenticeship Act
SBC 1997 c.50

(a) by striking out the following:

Public Body: Provincial Apprenticeship Board
Head:           Minister of Advanced Education, Training and Technology , and

Public Body: Industry Training and Apprenticeship Commission
Head:           Chair

Industry Training Authority Act
SBC 2003 c.34

(a) by striking out the following:

Public Body: Industry Training and Apprenticeship Commission
Head:           Chair, and

Public Body: Industry Training Authority
Head:           Chair

Knowledge Network Corporation Act
SBC 2007 c.22
June 27, 2008 (BC Reg 187/08)

Public Body: Knowledge Network Corporation
Head:           Chief Executive Officer

Labour and Citizens' Services Amendment Act
SBC 2008 c.12

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

Transferring a request

11 (1) Within 20 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

(a) the head of the public body is satisfied that the request meets the requirements of section 5 (1), and

(b) one or more of the following applies:

(i) the record was produced by or for the other public body;

(ii) the other public body was the first to obtain the record;

(iii) the record is in the custody or under the control of the other public body.

(2) If a request is transferred under subsection (1), the head of the public body who transferred the request must notify the applicant of the transfer.

(3) If the head of the public body to which a request is transferred under subsection (1) is satisfied that the request meets the requirements of section 5 (1) (a) and (b), the head of the public body must respond to the applicant

(a) in accordance with section 8, and

(b) not later than 30 days after the request is received by that public body, unless this time limit is extended under section 10.

Section 11 BEFORE repealed and replaced by 2008-12-8

11 (1) Within 20 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 [Amended by 2002-13-4]

(a) the record was produced by or for the other public body,

(b) the other public body was the first to obtain the record, or

(c) the record is in the custody or under the control of the other public body.

(2) If a request is transferred under subsection (1),

(a) the head of the public body who transferred the request must notify the applicant of the transfer, and

(b) the head of the public body to which the request is transferred must respond to the applicant in accordance with section 8 not later than 30 days after the request is received by that public body unless this time limit is extended under section 10.

10. Section 30.4 is amended by striking out "A person referred to in section 31.1" and substituting "An employee, officer or director of a public body or an employee or associate of a service provider".

11. The following section is added:

Notification of unauthorized disclosure

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

(2) An employee, officer or director of a public body, or an employee or associate of a service provider, who knows that there has been an unauthorized disclosure of personal information that is in the custody or under the control of the public body must immediately notify the head of the public body.

13. Section 36 is amended

(a) by renumbering the section as section 36 (1), and

(b) by adding the following subsections:

(2) For the purposes of subsection (3), "institution" means a museum, an archives or a similar institution that is or forms part of a public body or an organization, as the latter is defined in the Personal Information Protection Act.

(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.

14. Section 44 is amended by adding the following subsections:

(3.1) The commissioner may require a person to attempt to resolve the person's request for review or complaint against a public body in the way directed by the commissioner before the commissioner begins or continues an investigation under section 42 or an inquiry under section 56.

(3.2) Subsection (3.1) applies whether or not a mediator has been authorized under section 55.

15. Section 47 is amended by adding the following subsections:

(2.1) The commissioner and anyone acting for or under the direction of the commissioner must not give or be compelled to give evidence in court or in any other proceedings in respect of any records or information obtained in performing their duties or exercising their powers and functions under this Act.

(2.2) Despite subsection (2.1), the commissioner and anyone acting for or under the direction of the commissioner may give or be compelled to give evidence

(a) in a prosecution for perjury in respect of sworn testimony,

(b) in a prosecution for an offence under this Act,

(c) in an investigation, a determination or a review referred to in section 60 (1), or

(d) in an application for judicial review of a decision made under this Act.

(2.3) Subsections (2.1) and (2.2) apply also in respect of evidence of the existence of proceedings conducted before the commissioner.

Order for severing of records

54.1 (1) After the head of a public body has responded to a request under section 5 and a request for review of that response has been received under section 52, the commissioner may, at any time, by order,

(a) confirm that the head of a public body has failed to sever the records that are the subject of the review, as required by this Act, and

(b) require the head of the public body to sever the records in accordance with the directions and within the period set out in the order.

(2) The commissioner may not set a period for severing a record under subsection (1) that is less than 30 days after the date a copy of the order is given to the head of the public body concerned.

17. Section 56 is amended

(a) in subsection (6) by striking out "An inquiry" and substituting "Subject to subsection (8), an inquiry", and

(b) by adding the following subsections:

(7) If the commissioner has required a person to attempt to resolve a matter under section 44 (3.1), the commissioner may defer beginning or may adjourn an investigation under section 42 or an inquiry under this section to enable the resolution of the matter in the way required under section 44 (3.1).

(8) The period of an adjournment or deferral under subsection (7) must not be included for the purpose of calculating a deadline under subsection (6).

18. Section 59 is amended

(a) in subsection (1) by striking out "Not later" and substituting "Subject to subsection (1.1), not later",

(b) by adding the following subsection:

(1.1) If the commissioner gives the head of a public body a copy of an order made under section 54.1, the head of the public body must comply with the order within the period set out in the order, unless an application for judicial review of the order is brought before that period ends. , and

(c) in subsection (2) by adding "or set out in an order given under section 54.1" after "subsection (1)".

19. The following section is added to Division 1 of Part 5:

Enforcement of orders of commissioner

59.01 (1) Subject to subsection (3), the commissioner may file a certified copy of an order made under section 54.1 or 58 with the Supreme Court.

(2) Subject to subsection (3), a party affected, or a person designated, by an order made under section 58 may file a certified copy of the order with the Supreme Court.

(3) An order may be filed under subsection (1) or (2) only if

(a) the order is not, or is no longer, the subject of an application for judicial review, or the subject of an appeal or further appeal, as the case may be, from a decision on judicial review in respect of the order,

(b) the date by which a person must comply with the order under section 59 (1) or (1.1), as the case may be, has occurred, and

(c) the period for commencing an appeal or further appeal, as the case may be, from a decision on judicial review in respect of the order has expired.

(4) An order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.

20. Section 61 is amended by adding the following subsection:

(3) Section 47 (2.1) to (2.3) applies to an adjudicator and the staff of an adjudicator.

21. Section 65 is amended

(a) by repealing subsection (1) and substituting the following:

(1) An adjudicator has the powers, duties and functions given to the commissioner by sections 54.1, 55 and 56 (1), (4) and (7), and sections 56 (2), (3), (5), (6) and (8) and 57 apply to an inquiry conducted by an adjudicator. , and

(b) by repealing subsection (3) and substituting the following:

(3) Sections 59 and 59.01 apply to an order of an adjudicator.

65 (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.

Section 65 (3) BEFORE repealed and replaced by 2008-12-21(b)

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

(a) in subsection (1) by striking out "information sharing agreement" and substituting "information-sharing agreement",

(b) in subsection (3) (b) by striking out "information sharing agreements" and substituting "information-sharing agreements", and

(c) in subsection (5) by striking out "information sharing agreement" and substituting "information-sharing agreement".

23. Section 69.1 is amended

(a) in subsection (1) by striking out "health information sharing agreement" and substituting "health information-sharing agreement",

(b) in subsection (3) (b) by striking out "health information sharing agreements" and substituting "health information-sharing agreements", and

(c) in subsection (5) (b) by striking out "health information sharing agreement" and substituting "health information-sharing agreement".

24. Section 74 (1) (c) is amended by striking out "section 58" and substituting "section 54.1 or 58".

25. Section 74.1 is amended

(a) in subsection (1) by adding "or 30.5 (notification of unauthorized disclosure)" after "section 30.4 (unauthorized disclosure)", and

(b) in subsection (3) by striking out "or" at the end of paragraph (c), by adding "or" at the end of paragraph (d) and by adding the following paragraph:

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

Land Reserve Commission Act
SBC 1999 c.14

(a) by striking out the following:

Public Body: Forest Land Reserve Commission
Head:           Chair
Public Body: Provincial Agricultural Land Commission
Head:           Chair

Public Body: Land Reserve Commission
Head:           Chair

Lobbyists' Registration Act
SBC 2001 c.42

13. The heading before section 60 is repealed and the following substituted:

Division 2 -- Investigations and Reviews by Adjudicator

Division 2 heading BEFORE amended by 2001-32-13:
Complaints About and Reviews of Decisions on Information in the Commissioner's Records

References to commissioner

59.1 In this Division, "commissioner" includes the registrar under the Lobbyist Registration Act.

Public Body: Office of the Registrar under the Lobbyist Registration Act
Head:           Registrar

Local Government Statutes Amendment Act
SBC 1998 c.34

(a) in paragraph (c) by striking out "regional district as defined in section 773 of the Municipal Act," and substituting "regional district as defined in the Municipal Act,", and

Local Government Statutes Amendment Act
SBC 2000 c.7

Miscellaneous Statutes Amendment Act (no.3)
SBC 2002 c.63

(5) The Lieutenant Governor in Council by regulation may designate a committee for the purposes of this section.

(6) A committee may be designated under subsection (5) only if

(a) the Lieutenant Governor in Council considers that

(i) the deliberations of the committee relate to the deliberations of the Executive Council, and
(ii) the committee exercises functions of the Executive Council, and

(b) at least 1/3 of the members of the committee are members of the Executive Council.

(7) In subsections (1) and (2), "committee" includes a committee designated under subsection (5).

Miscellaneous Statutes Amendment Act
SBC 2003 c.7

(a) by striking out the following:

Public Body: British Columbia Marketing Board
Head:           Chair
Public Body: Farm Practices Board
Head:           Chair
Public Boday: Provincial Tourist Advisory Board
Head:           Minister of Small Business, Tourism and Cutlure, and

Public Body: British Columbia Farm Industry Review Board
Head:           Chair

(a) by striking out the following:

Public Body: Science Council of British Columbia
Head:           Minister of Employment and Investment, and

Public Body: Innovation and Science Council of British Columbia
Head:           Minister of Science, Competition and Enterprise

Miscellaneous Statutes Amendment Act (no.2)
SBC 2003 c.37

(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). 

(1.3) Despite section 66, the Attorney General may only delegate the power to make a request under subsection (1.1) (b) to the Assistant Deputy Attorney General, Criminal Justice Branch. 

Section 49 (1.2) BEFORE amended by 2003-37-22:
(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. 

23. Schedule 2 is amended

(a) by striking out the following:

Public Body: Criminal Record Check Appeal Panel
Head:            Chair
Public Body: Environmental Assessment Board
Head:           Chair
Public Body: Health Professions Council
Head:           Chair
Public Body: Motion Picture Appeal Board
Head:           Chair
Public Body: Science Council of British Columbia
Head:           Minister of Science, Competition and Enterprise
Public Body: Workers' Compensation Review Board
Head:           Chair, and

Public Body: Workers' Compensation Appeal Tribunal
Head:            Chair

Miscellaneous Statutes Amendment Act (no.3)
SBC 2003 c.96

Public Body: Medical and Health Care Services Appeal Board (Medicare Protection Act)
Head:           Chair

Miscellaneous Statutes Amendment Act (no.2)
SBC 2005 c.35

(c) if it was disclosed under section 33.1(1)(i.1).

(a) by adding the following paragraph:

(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; , and

(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 

(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.

Section 33.1(1) BEFORE amended by 2005-35-9(b)

(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;

10. Section 33.2(d) is amended by striking out "the public body" and substituting "a public body"

11. Schedule 1 is amended in the definition of "officer of the Legislature" by adding "the merit commissioner appointed under the Public Service Act" after "the Chief Electoral Officer".

Miscellaneous Statutes Amendment Act
SBC 2006 c.15

Public Body: Innovation and Science Council of British Columbia
Head:           Minister of Advanced Education

and substituting the following:

Public Body: British Columbia Innovation Council
Head:           Minister of Advanced Education and Minister Responsible for Research and Technology

Miscellaneous Statutes Amendment Act (no.2)
SBC 2006 c.24

Extending the time limit for responding 

10 (1) The head of a public body may extend the time for responding to a request for up to 30 days if one or more of the following apply:

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

(b) a large number of records are 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.

(2) In addition to the authority under subsection (1), with the permission of the commissioner, the head of a public body may extend the time for responding to a request as follows:

(a) if one or more of the circumstances described in subsection (1) (a) to (c) apply, for a period of longer than the 30 days permitted under that subsection;

(b) if the commissioner otherwise considers that it is fair and reasonable to do so, as the commissioner considers appropriate.

(3) If the time for responding to a request is extended under this section, the head of the public body must tell the applicant

(a) the reason for the extension,

(b) when a response can be expected, and

(c) in the case of an extension under subsection (1), that the applicant may complain about the extension under section 42 (2) (b) or 60 (1) (a).

Section 10 BEFORE replaced by 2006-24-7

10 (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, or

(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.

(d) [Repealed 2002-13-3]

(2) If the time is extended under subsection (1), the head of the public body must tell the applicant

(a) the reason,

(b) when a response can be expected, and

(c) that the applicant may complain about the extension under section 42 (2) (b) or 60 (1) (a).

(f) information the disclosure of which could reasonably be expected to harm the negotiating position of a public body or the government of British Columbia.

10. Section 33.1(1) is amended 

(a) by repealing paragraph (e) and substituting the following:

(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; , and

Section 33.1(1)(e) BEFORE amended by 2006-24-10(a)

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

(b) by adding the following paragraph:

(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.

11. Section 42(2)(b) is amended by striking out "section 10" and substituting "section 10(1)"

12. Section 52(1) and (2) is amended by striking out "Lobbyist Registration Act" and substituting "Lobbyists Registration Act"

13. Section 58(3)(b) is amended by striking out "section 10" and substituting "section 10(1)"

14. Section 59.1 is amended by striking out "Lobbyist Registration Act" and substituting "Lobbyists Registration Act"

15. The following section is added

Public information regarding health information banks

69.1 (1) In this section:

"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;

"official responsible" in relation to a health care body means

(a) the minister, for a health care body that is a ministry,

(b) the head of the regional health board, for a health care body that

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

(ii) reports to or is funded by the regional health board, and

(c) the chief executive officer of the Provincial Health Services Authority, for a health care body that is

(i) the Provincial Health Services Authority, or

(ii) a society that reports to the Provincial Health Services Authority.

(2) The personal information directory under section 69 must include information about health information banks of health care bodies and about the use of the information in those health information banks.

(3) For the purposes of subsection (2), the personal information directory must include the following information in accordance with the requirements of the minister responsible for this Act:

(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;

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

(c) any other information the minister responsible for this Act considers appropriate.

(4) The official responsible must

(a) provide to the minister responsible for this Act the information required for the purposes of subsection (2), and

(b) correct as soon as possible any errors or omissions in the portion of the personal information directory that relates to the health care body, and provide the corrected information to the minister responsible for this Act.

(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.

16. Section 76.1 is repealed and the following substituted:

Ministerial regulation making power

76.1(1). The minister responsible for this Act may, by regulation, amend Schedule 2 to do one or more of the following:

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

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

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

(iii) that performs functions under an enactment;

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

(c) delete from it an agency, board, commission, corporation, office or other body that

(i) no longer exists, or

(ii) no longer meets the criteria established by paragraph (a).

(2) The minister responsible for this Act may, by regulation, amend Schedule 3 to do one or more of the following:

(a) add to it the name of the governing body of a profession or occupation if

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

(ii) the profession or occupation is governed under an Act;

(b) delete from it a governing body that

(i) no longer exists, or

(ii) no longer meets the criteria established by paragraph (a).

Section 76.1 BEFORE replaced by 2006-24-16:

(1) The minister responsible for this Act may amend, by regulation, Schedule 2

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

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

(ii) of which a controlling interest in the share capital 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.

(2) The minister responsible for this Act 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.

(3) For the purposes of this section, Schedule 2 or Schedule 3 means that Schedule, as amended by regulation of the Lieutenant Governor in Council, on the date this section comes into force.

17. Schedule 1 is amended by adding the following definition:

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

18. Schedule 2 is amended by striking out "Lobbyist Registration Act" and substituting "Lobbyists Registration Act"

Miscellaneous Statutes Amendment Act
SBC 2007 c.8

Public Body: British Columbia Board of Parole
Head:           Chair

Miscellaneous Statutes Amendment Act
SBC 2008 c.30

Public Body: Queen Elizabeth II British Columbia Centennial Scholarship Advisory Committee
Head:           Minister of Management Services

Museum Act
SBC 2003 c.12

Public Body: Royal British Columbia Museum
Head:           Chair of the Board of Directors

Muskwa-Kechika Management Area Act
SBC 1998 c.38

Public Body: Muskwa-Kechika Advisory Board
Head:           Chair

Northern Development Act
SBC 1998 c.17

Public Body: Office of the Northern Development Commissioner
Head:           Northern Development Commissioner.

 

Office for Children and Youth Act
SBC 2002 c.50

20. Schedule 1 is amended in the definition of "officer of the Legislature" by striking out "the Child, Youth and Family Advocate,". 

21. Schedule 2 is amended 

(a) by striking out the following:

Public Body: Children's Commission
Head:           Children's Commissioner
Public Body: Office of the Child, Youth and Family Advocate
Head:           Advocate, and

Public Body: Office for Children and Youth
Head:           Child and Youth Officer

 

Oil and Gas Commission Act
SBC 1998 c.39

Public Body: Oil and Gas Commission
Head:           Commissioner

Passenger Transportation Act
SBC 2004 c.39

(a) by striking out the following:

Public Body: Motor Carrier Commission
Head:           Chair, and

Public Body: Passenger Transportation Board
Head:           Chair

Patient Care Quality Review Board Act
SBC 2008 c.35
October 15, 2008 (BC Reg 272/08)

Public Body: Patient Care Quality Review Boards appointed under the Patient Care Quality Review Board Act (each review board)
Head:           Chair

Pension Statutes Amendment Act
SBC 2003 c.62

(a) in subsection (3) by striking out "subsections (4) and (5)." and substituting "subsection (4).", and 

(b) by repealing subsection (5). 

Section 40(3) BEFORE amended by 2003-62-2(a):
(3) If an order is made under subsection (2), the Public Service Pension Plan applies to subsections (4) and (5).

Police Amendment Act
SBC 1997 c.37

(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; .

53. Schedule 1 is amended in the definition of "officer of the Legislature" by adding "the police complaint commissioner appointed under Part 9 of the Police Act," after "Members' Conflict of Interest Act,".

54. Schedule 2 is amended by adding the following:

Public Body: Office of the police complaint commissioner appointed under the Police Act
Head:           Police complaint commissioner .

55. Schedule 2 is amended by striking out the following:

Public Body: British Columbia Police Commission
Head:           Chair

Private Career Training Institutions Act
SBC 2003 c.79

Public Body: Private Post Secondary Education Commission
Head:           Chair

Private Managed Forest Land Act
SBC 2003 c.80

Public Body: Private Managed Forest Land Council
Head:           Chair

Procurement Services Act
SBC 2003 c.22

Public Body: Purchasing Commission
Head:           Minister of Management Services

Provincial Revenue Statutes Amendment Act
SBC 2003 c.23

Public Body: Mineral Tax Review Board
Head:           Minister of Provincial Revenue

Public Agency Accommodation Act
SBC 2006 c.7

Public Body: British Columbia Buildings Corporation
Head:           Chair of the Board of Directors

 

Public Inquiry Act
SBC 2007 c.9

(a) by by repealing subsections (1) and (2) and substituting the following:

(1) For the purposes of conducting an investigation or an audit under section 42 or an inquiry under section 56, the commissioner may make an order requiring a person to do either or both of the following:

(a) attend, in person or by electronic means, before the commissioner to answer questions on oath or affirmation, or in any other manner;

(b) produce for the commissioner a record in the custody or under the control of the person, including a record containing personal information.

(2) The commissioner may apply to the Supreme Court for an order

(a) directing a person to comply with an order made under subsection (1), or

(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1)., and

(b) in subsections (2.1), (3) and (4) by striking out "or (2)".

Section 44(1) and (2) BEFORE amended by 2007-9-76(a):

(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.

77. The following sections are added:

Maintenance of order at hearings

44.1 (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.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the commissioner, by order, may

(a) impose restrictions on a person's continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the commissioner orders otherwise.

Contempt proceeding for uncooperative person

44.2 (1) The failure or refusal of a person subject to an order under section 44 to do any of the following makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the commissioner;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records in the person's custody or under the person's control.

(2) The failure or refusal of a person subject to an order or direction under section 44.1 to comply with the order or direction makes the person, on application to the Supreme Court by the commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.

Public Safety and Solicitor General Statutes Amendment Act
SBC 2002 c.52

Public Body: Criminal Record Check Appeal Panel
Head:           Chair
Public Body: Motion Picture Appeal Board
Head:           Chair

Public Sector Pension Plans Act
SBC 1999 c.44

(2) The Lieutenant Governor in Council may, on terms and conditions the Lieutenant Governor in Council specifies, order that the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the commissioner.

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

(4) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as commissioner must be counted as 1 1/2 years of pensionable service.

(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.

Public Service Amendment Act
SBC 2003 c.88

Section 41(4)(b) BEFORE repealed by 203-88-18:
(b) the services provided by the Public Service Employees Relations Commission

Representative for Children and Youth Act
SBC 2006 c.29

36. Schedule 2 is amended by striking out the following:

Public Body: Office for Children and Youth
Head:           Child and Youth Officer

School Amendment Act
SBC 1997 c.52

(h) a francophone education authority as defined in the School Act; .

 

Security Services Act
SBC 2007 c.30
September 1, 2008 (BC Reg 207/08)

Public Body: Private Investigators and Security Agencies Advisory Board
Head:           Chair
 

Sustainable Resource Management Statutes Amendment Act
SBC 2004 c.12

(a) by striking out the following:

Public Body: Commission on Resources and Environment
Head:           Commissioner, and

Public Body: Commission on Resources and Environment
Head:           Minister of Sustainable Resource Management

Technical University of British Columbia Act
SBC 1997 c.54

(c.1) Technical University of British Columbia, .

 

Thompson University Act
SBC 2005 c.17

(d.1) The Thompson Rivers University.

Tourism British Columbia Act
SBC 1997 c.13

Public Body: Tourism British Columbia
Head:           Chair

Transportation Investment (Port Mann Twinning) Amendment Act
SBC 2008 c.19
May 29, 2008 (RA)

Public Body: Transportation Investment Corporation
Head:           Chair of the Board of Directors

 

Transportation Statutes Amendment Act
SBC 2004 c.72

Public Body: Fraser Bridge Project Ltd.
Head:           President

 

Workers Compensation Amendment Act
SBC 2002 c.56

(a) by striking out the following:

Public Body: Workers' Compensation Board
Head:           Chair of the Board of Governors, and

Public Body: Workers' Compensation Board
Head:           Chair of the Board of directors

Workers Compensation Amendment Act (no.2)
SBC 2002 c.66

(a) by striking out the following:

Public Body: Workers' Compensation Review Board
Head:           Chair, and

Public Body: Workers' Compensation Appeal Tribunal
Head:           Chair