British Columbia Modernizes Freedom Of Information And Public-sector Access Regime

British Columbia’s Bill 9, Freedom of Information and Protection of Privacy Amendment Act, 2026, which received Royal Assent on May 28, 2026, introduces amendments to Freedom of Information and Protection of Privacy Amendment Act (FOIPPA) intended to modernize B.C.’s public-sector access and privacy regime.

Access requests

Public bodies now have greater flexibility with respect to responding to access requests:

• Specificity requirement: The head of the public body has the discretion to decide whether a request provides “enough detail” for the requested record to be identified with “reasonable effort” in a “reasonable amount of time” to constitute an access request described under section 5 of FOIPPA.
• Response timelines and time extensions: The standard 30-day timeline for providing a response to an access request still applies. However, the head of a public body has expanded discretion to extend the time for responding for up to 30 days, such as with applicant consent or if the applicant does not, the opinion of the head of the public body, give enough detail for a record to be found in a reasonable amount of time. The head of a public body’s general duty to make every reasonable effort to assist applicants and respond to requests has been amended from “without delay” to a comparatively lower threshold of “without unreasonable delay.”
• Disregarding requests: The grounds on which a public body may apply for authorization to disregard a request for information are expanded. In addition to existing grounds (frivolous, vexatious, repetitive, or excessively broad requests), public bodies may now seek to disregard requests involving abusive or malicious applicant behaviour, requests that would unreasonably interfere with operations of the public body, and requests that are an abuse of the right to make a request.

Proactive release of information

Individuals may be able to access their personal information held by public bodies without submitting an access request under FOIPPA.

Public bodies are required to make available to the public certain records held by the public body, as prescribed in FOIPPA, without an access request. Public bodies are also required to establish categories of records held by the public body and available to the public, as prescribed in FOIPPA, without an access request.

Streamlining information sharing

Public bodies may share information for the purposes of providing services if designated as a connected services provider or directed in relation to connected services, as prescribed by FOIPPA.

A connected service provider may collect, use and disclose personal information between other public bodies, to deliver the following services:

• establishing and maintaining an online platform to facilitate access to, and delivery of, services and programs of one or more public bodies;
• facilitating the sharing of personal information between public bodies; and
• identifying services and programs for which a person may be eligible.

Disclosure of judicial communications

Public bodies may refuse to disclose information revealing the substance of a communication from a judicial officer (defined as a judge, associate judge or justice of the peace), or made on behalf of a judicial officer, to a public body regarding a proposed or existing policy, program, or enactment.

Records connected to legal proceedings

Certain records that a public body is required by law to produce, list, or identify as part of a proceeding are excluded from an individual’s right of access under FOIPPA.

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