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Provincial Governments Access to Information Resources

Each Province has its own legislation and accountability requirements for Access to Information and Privacy.

Nova Scotia

Nova Scotia was the first province in Canada to enact a Freedom of Information Act in 1977. Since that time, all other jurisdictions in the country have followed suit. The Act was replaced in 1993 by the considerably improved Freedom of Information and Protection of Privacy Act (in force 1994). All government departments and agencies were brought under the Act. Subsequently in 1999, a new Municipal Government Act was passed. It included access and privacy provisions similar to the provincial Act and applied to all municipalities and municipal bodies. In 1999, the provincial Act was also extended to cover local public bodies including hospitals, universities, colleges and school boards.

Pursuant to the Acts, all public bodies, municipalities and local public bodies are obliged to adopt a policy of accountability, openness and transparency and to provide a right of access to information with limited exceptions. They are also obliged to ensure the protection of individuals' personal privacy.

http://www.foipop.ns.ca/

Prince Edward Island

Access and Privacy Services Office Freedom of Information and Protection of Privacy Act The Freedom of Information and Protection of Privacy Act governs matters of information and privacy for the Province of PEI.

http://www.gov.pe.ca/foipp/index.php3

Newfoundland & Labrador

The Information and Privacy Commissioner (the “Commissioner”) is an independent Officer of the House of Assembly. This Office is responsible for protecting and upholding access to information and protection of privacy rights under the Access to Information and Protection of Privacy Act. The Act was proclaimed on January 17, 2005 (with the exception of Part IV) and provides individuals with the right of access to information maintained and in the control of public bodies, including Provincial government departments, Crown corporations, municipalities, and health care and education bodies.

http://www.justice.gov.nl.ca/just/civil/atipp/

New Brunswick

The Right to Information Act came into force in New Brunswick on Jan. 1, 1980. This legislation was enacted to ensure access by the public to government information. Previously, requests for copies of documents in government possession could be denied at the discretion of government officials, and the person requesting the information had no recourse.

http://app.infoaa.7700.gnb.ca/gnb/Pub/EServices/ListServiceDetails.asp?ServiceID1=547&ReportType1=All

Right to Information and Protection of Personal Information

Quebec

A true pioneer in North America in the area of access to information and protection of privacy, Québec devoted three decades to devising an innovative legislative framework that has paved the way for the introduction of similar measures throughout the Canadian federation. Nearly twenty years after its inception, this innovative framework, as embodied by the Commission d'accès à l'information du Québec, is intended as an essential reference for all Western countries with regard to access to information and protection of privacy.

The Commission d'accès à l'information, which is under the authority of the Québec National Assembly, was created in 1982 further to increasing public concern over the issues involved in protecting privacy and providing access to information. From the start of the 70s, this interest in the so-called "new law" showed up gradually in a number of statutes enacted at that time. As early as 1971, with the passage of the Consumer Protection Act, the legislator broke new ground by ensuring all persons right of access to their credit record. Laws governing professions, such as the Professional Code, enshrined principles such as professional secrecy and the confidential nature of personal information.

http://www.cai.gouv.qc.ca/index-en.html

Ontario

The Access and Privacy Office supports the Chair of Management Board as minister responsible for the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). This includes assisting the Chair in the exercise of statutory decision-making responsibilities under the legislation, and advising the Chair on issues pertaining to the legislation. The Office is also responsible for policy development in the area of freedom of information and privacy.

http://www.gov.on.ca/MGS/en/IAndIT/STEL02_046936.html

Manitoba

The Freedom of Information and Protection of Privacy Act (FIPPA) provides Manitobans and others with a right of access to records of public bodies, subject to certain specified exceptions, and with protection for personal information held by public bodies. The Act also provides for independent review by the Manitoba Ombudsman of the decisions and actions of public bodies relating to access to records and personal information protection. Final appeals about denial of access to information may be made under FIPPA to the Court of Queen’s Bench.

FIPPA came into force for Manitoba government departments and agencies on May 4, 1998 and the City of Winnipeg on August 31, 1998. On April 3, 2000, it was extended to all local governments, school divisions, community colleges, universities, regional health authorities and hospitals.

The Minister of Culture, Heritage and Tourism is responsible for central administration and coordinaton of FIPPA. The head of a public body is accountable for the response to access applications and the management of personal information by that public body.

http://www.gov.mb.ca/chc/fippa/

Saskatchewan

The Access and Privacy Branch helps provincial and local governments protect the personal information of Saskatchewan people and to respond to requests for information. It helps them to administer:

  1. The Freedom of Information and Protection of Privacy Act;
  2. The Local Authority Freedom of Information and Protection of Privacy Act;
  3. The Health Information Protection Act; and
  4. the Privacy Framework for Executive Government.

The Branch:

  1. plays a leadership role on access and privacy in government;
  2. provides or supports training and awareness of access and privacy within government and local authorities;
  3. provides privacy and access officers in government and local authorities with tools (e.g. policies, procedures, guidelines, checklists, etc.) to help with compliance and consistency.

http://www.justice.gov.sk.ca/accessandprivacy

Information and Privacy Commissioner of Saskatchewan

Alberta

The Minister of Government Services is responsible for the province-wide administration of Alberta's Freedom of Information and Protection of Privacy Act (the FOIP Act) and Personal Information Protection Act (PIPA).

Role of the Access and Privacy Branch

As part of the Government and Program Support Services Division of Alberta Government Services, the Access and Privacy Branch coordinates the administration of Alberta's Freedom of Information and Protection of Privacy Act (the FOIP Act) and provides support to the Government of Alberta and local public bodies that are required to comply with the Act. It also coordinates the province-wide administration of Alberta's Personal Information Protection Act and assists private sector organizations that are subject to the Act.

In carrying out its mandate, the branch provides publications and resource materials on its FOIP and PIPA web sites, offers FOIP training and advisory services, and coordinates legislative amendments. It also promotes the legislation by supporting access and privacy education at the post-secondary level and an annual access and privacy conference, and by providing speakers at conferences and events.

The Access and Privacy Branch works in partnership with a number of other offices including:

  1. Information Management Branch
  2. Office of the Information and Privacy Commissioner
  3. Office of the Corporate Chief Information Officer
Freedom of Information and Protection of Privacy Act

Information and Privacy Commissioner of Alberta

Information Management, Access and Privacy Division Alberta Government Services

Health Information Act Alberta Health and Wellness

British Columbia

The Privacy and Legislation Branch (PLB) is part of the Office of the Government Chief Information Officer. PLB is responsible for the Freedom of Information and Protection of Privacy Act, the Electronic Transactions Act, the Document Disposal Act, the Personal Information Protection Act (Private Sector Privacy) and all policy, standards and directives that flow from these pieces of legislation. In addition, PLB provides leadership, support and services to ministries and other public bodies to assist them in complying with their privacy and access obligations. PLB also provides central agency comment and direction on information management and privacy matters in legislative, program and systems development initiatives and co-ordinates systems designed to manage and facilitate FOI requests and privacy responsibilities. The Privacy and Legislation Branch also monitors all other legislation that is the responsibility of the Ministry of Labour and Citizens' Services.

http://www.lcs.gov.bc.ca/privacyaccess/index.htm

Nunavut

The Access to Information and Protection of Privacy Act (ATIPP) provides individuals with a right of access to records held by public bodies and specifies limited exceptions to that right of access.

The Act prevents unauthorized collection, use or disclosure of personal information.

The ATIPP Act also gives individuals the right to access the personal information public bodies have about them and to request corrections to that information. In many cases, it is not necessary to apply under the ATIPP Act to obtain information. To request information that is routinely disclosed to the public call or visit the appropriate government office.

The position of Manager of Access to Information and Privacy is located in the Department of Executive and Intergovernmental Affairs.

http://www.gov.nu.ca/eia/atip/

Yukon

Yukon’s Access to Information and Protection of Privacy Act ("the ATIPP Act") provides individuals with a formal method of requesting information held in Yukon government departments. Under the ATIPP Act individuals can also request corrections to their own personal information contained in Yukon government records.

These requests are facilitated by the Department of Highways and Public Works (the responsibility was transferred from the Department of Education to the Department of Highways and Public Works on April 1, 2002 as part of the Yukon government’s Renewal initiative).

The Department of Highways and Public Works’s corporate ATIPP office staff will provide assistance, if required, in the preparation of ATIPP requests. For applications forms (Request for Access for Records Form or Request for Correction of Personal Information Form ) and other assistance contact the Department of Highways and Public Works at (867) 393-7048 or toll-free within the Yukon at 1-800-661-0408 local 7048.

Once an application is processed, government departments have 30 days to respond to the request.

http://www.atipp.gov.yk.ca/

Northwest Territories

In 1996, the Legislative Assembly of the Northwest Territories passed the Access to Information and Protection of Privacy Act. The Act shows the government’s commitment to open, accessible and accountable government.

The Access to Information and Protection of Privacy Act gives individuals a legal right to request access to information held by Northwest Territories public bodies. Information may only be withheld if it falls under one of the limited and specific exceptions set out in the Act.

The Act also provides for the correction and protection of personal information collected used and disclosed by public bodies. It gives the individual to whom the information relates to, the right to access and correct this information. It also sets the conditions for when a public body may collect, use and disclose personal information.

The Act complements other ways of obtaining government information. It is intended to be used as a last resort and does not limit or replace existing procedures for accessing government information or records.

http://www.justice.gov.nt.ca/ATIPP/index.shtml
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