In February 2025, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) published updated guidance for public bodies on how to develop and maintain proactive disclosure programs under Freedom of Information and Protection of Privacy Act1 (OPIC Guidance). The OIPC Guidance follows an OIPC investigation report regarding municipal disclosure of records2, which highlighted, in part, the need for public bodies in British Columbia to improve the access-to-information processes offered to the public.
One of the recommendations made in the Report was the need for municipalities to establish and publish clear, meaningful categories of records that are routinely disclosed to the public without requiring a formal Freedom of Information (FOI) request.
Under section 71(1) of FIPPA, public bodies in British Columbia must ensure that certain information is readily accessible to the public without an FOI request. Establishing and maintaining a proactive disclosure program, including access to public information, is key in enhancing transparency and openness, reducing administrative burdens, and promoting accountability and public trust through access to information.
Key steps for an effective proactive disclosure program
The OIPC Guidance sets out the following key steps for an effective proactive disclosure program:
- Establish and document categories of records. Public bodies should clearly define and establish categories of records that are available to the public without a FOI request, taking into account factors such as the public interest, frequently requested records, and the types of records other public bodies make available.
- Publish categories and records on the public website. Public bodies should proactively publish the established categories of records and the records within them on a prominent place on their website with clear descriptions in plain language and direct links to the records.
- Develop policies and provide staff training on proactive disclosure. Public bodies should ensure that staff across all departments are trained on both FOI requests and information available without an FOI request to assist individuals seeking public records.
- Regularly review and update record categories. Public bodies should routinely review and update categories and corresponding records.
In the words of Information and Privacy Commissioner for British Columbia Michael Harvey:
"Our access to information is at the heart of transparency and accountability. By making as much of the information they hold as available as possible, public bodies empower people to better understand the decisions that impact their lives, to ask questions, to take action—in other words to fully and meaningfully participate in our democracy."3
Footnotes
1. [RSBC 1996] c 165 ["FIPPA"].
2. British Columbia, Office of the Information and Privacy Commissioner for British Columbia, Investigation Report 25-01: Municipal disclosure of records (February 2025) [Report].
3. Ibid at p.4.
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