B.C. NDP passes controversial FOI bill that may mean fees for public information requests

Victoria -

A bill opposed by journalism professors, business groups, the Union of BC Indian Chiefs and the province’s privacy commissioner was passed in the B.C. legislature Thursday by an NDP majority, as the opposition accused the government of ramming the bill through without due process.

Bill 22, the Freedom of Information and Protection of Privacy Amendment Act, makes several changes to legislation that the Minister of Citizen Services says is outdated.

Opposition BC Liberal leader Shirley Bond expressed disappointment that the bill was rushed through the legislative process.

"I don't think you can look at this any other way than (that) this is a government that is doing everything it can to avoid scrutiny," she told reporters Thursday.

The Greens are also disappointed. In a statement, leader Sonia Furstenau said: "We are increasingly worried about the way that this government is making decisions. If it was doing a better job of process, they wouldn’t be facing this level of pushback and anger."

One of the most contentious changes: For the first time, B.C. could charge for information taxpayers have a right to. The fee wouldn't apply to personal information, but could impact various groups.

The Union of BC Indian Chiefs is asking the province to back down on the changes. In a letter sent this week, the organization noted any fee would disproportionately impact First Nations, which experience higher rates of poverty.

"It also creates more barriers for First Nations when we're doing our research in regards to the historical and outstanding land rights," Kukpi7 Judy Wilson told CTV News, adding it could also impact any newer agreements.

The other issue, she says, is that despite some members of the UBCIC being consulted, no one in those consultations mentioned a fee.

"What we're seeing right now … They say they value reconciliation, but again, they push through legislation without the proper engagement," Wilson added.

The Minister for Citizen Services says there are changes that will benefit British Columbians in the bill. When there are privacy breaches, the public will have to be informed, and the bill allows data belonging to British Columbians to be stored outside Canada on cloud services, allowing for more virtual options for classrooms and doctor's offices.

In an interview with CTV News on Thursday, Lisa Beare responded to UBCIC's letter, saying consultation happened for several years.

"I want to make sure that we continue to work with our partners and ensure they get access to the information they need," Beare added.

The minister has said the fee would be between $5 and $50 – and that's been met with heavy criticism. Thursday, Beare appeared to confirm a fee was forthcoming.

"We've heard the feedback over the past month and a half and that will be taken into account in creating the fee," she said.

The privacy commissioner has opposed several changes and released a detailed letter. Journalism professors have said the fee could be prohibitive for student journalists.

Late last month, a wide-ranging coalition called on the NDP government to stop attempts to ram through controversial changes to the Freedom of Information Act, and instead refer the proposal to an all-party committee. 

That request fell on deaf ears, and an NDP majority easily passed the legislation by a vote of 49 yeas to 24 nays Thursday.