Government and Information Policy Fact Sheet

GOVERNMENT & INFORMATION POLICY FACT SHEET

Information policy determines the kind of information collected, created, organized, stored, accessed, disseminated and retained. Who can use the information, whether there will be charges for access, and the amount charged, is also covered. Usually associated with government information, information policy also establishes the rules within which private information providers and the media operate.

Canadian governments have significant powers in the area of information policy as parliament passes laws and creates regulatory bodies to manage issues such as: protection of personal privacy, privatization and distribution of government information, freedom of information access, copyright, literacy, telecommunications and broadcasting.

This fact sheet highlights the basic laws and government bodies which control or influence the development of information policy in British Columbia and Canada.

FEDERAL GOVERNMENT

LEGISLATION

Access to Information Act

came into force in 1983
purpose is to provide public access to information stored in government records
provides a two step appeal system for information requests which are denied
various exemptions exist

Broadcasting Act

came into force in 1991
governs the transmission of information by radio and telecommunications by means of a broadcasting apparatus
sets out purposes and guidelines for the Canadian Broadcasting Corporation

law designed to protect intellectual property rights
gives the creator the sole right to produce or reproduce a work

Privacy Act

came into force in 1983
states what personal information about citizens the government may collect, protect, use and disclose
also gives individuals the right to examine their own personal information held by the government
serves to protect the privacy of individuals and ensure that personal information held by governments is not misused
the general guideline is that without consent of an individual concerned, personal data cannot be used for any other purpose than what it was originally collected for
there are numerous exceptions to these standards
the Act creates the Office of the Privacy Commissioner

Telecommunications Act

previous to this Act, telecommunications was regulated by the Railway Act
enacted in 1993 among other reasons, to enable the CRTC to regulated unsolicited phone calls and facsimiles
legislates issues relating to television and radio broadcasting, cable licensing and the transmission of electronic information on the Internet

MINISTRIES, TRIBUNALS & REGULATORY BODIES

has jurisdiction over assigning royalties payable to copyright holders for public performances and retransmission of radio and television programs, as well as to licensing bodies for any other acts protected by copyright where there is disagreement between the licensing body and the users

Industry Canada

responsible for formulating policies and regulations in a number of areas including telecommunications, broadcasting & information technology
supervises the Information Highway Advisory Council and the Canadian Radio-television and Telecommunications Commission:
Information Commissioner of Canada
- investigates complaints from individuals and corporations regarding rights under the Access to Information Act
- reports directly to Parliament
Privacy Commissioner of Canada
- responsible for monitoring how well government follows the principles contained in the Privacy Act
- investigates complaints from individuals regarding government handling of their request for personal information from government files
- investigates complaints from individuals about the government collection, use and disclosure of personal information
- does not have the power to order a public body to comply with the Act; only has the power to make recommendations
- reports directly to Parliament
Treasury Board
- central coordinating agency for the federal government
- responsible for issuing policies and regulations to federal government institutions on the operation of the Access to Information Act and the Privacy Act
- prepares papers and information about the government for distribution to the public

INFORMATION PROVIDERS

Canada Communications Group - Depository Libraries

the Depository Services Program enables designated libraries across Canada to acquire Government of Canada publications at no cost

CANARIE (Canadian Network for the Advancement of Research, Industry and Education)

established in 1993
consortium of over 140 organizations from within the government and from the private sector
idea is to provide links on a high speed network between researchers, educational communities and industry
offers funding to organizations involved in development, testing and marketing of advanced network technologies, products, applications and services
helps to fund CA*Net (below)

Canadian Broadcasting Corporation (CBC)

the CBC is a publicly owned corporation established by Parliament to provide national broadcasting services including both English and French television, AM and FM radio
its mandate is to provide high levels of Canadian content, including coverage of important national events, such as public hearings, provincial elections, proceedings in the House of Commons, sports competitions, cultural festivals, etc.
broadcasting is provided to remote areas of the country, including several northern regions where service is available in seven aboriginal languages

National Archives of Canada

a national heritage institution responsible for preserving and providing access to archival records in all media
offers public programs to facilitate and promote the use of Canada's archival heritage
supports proper records management and preservation of Canadian manuscripts, cartographic and audio-visual materials, documentary art and photographs, political caricatures, and government records

National Library of Canada

Open Government Pilot

promotes knowledge and access to information
facilitates library and information resource sharing in Canada
maintains the legal deposit program, whereby Canadian publishers must furnish the National Library with two copies of all new books, serials, music scores, microforms, CD-ROMs and videotapes
provides public access to a comprehensive collection of Canada's published heritage; National Library collections are available to Canadians through interlibrary loan from their local library
offers reference and information services to individuals and other libraries, particularly in the areas of Canadian studies, social sciences, humanities, and library and information science

PROVINCIAL GOVERNMENT

LEGISLATION

Freedom of Information and Protection of Privacy Act

similar to the federal Privacy Act
came into force in 1993
regulates the collection, use and disclosure of personal information about citizens and allows individuals access to their own personal information held by the government
now "local public bodies" such as hospitals, school boards, colleges and universities, municipalities, etc., are also bound by this law

Library Act

legislation regarding the creation and governance of public library associations, municipal public libraries, regional library districts and their boards
states that municipal and regional libraries must provide free use of certain library materials and services, but may charge fees for other services

Privacy Act

in force for over 20 years
this Act says that you may bring a lawsuit against anyone who wilfully invades your privacy
it is seldom referred to because it is time consuming to enforce, and because one must present one's case in open court which may be undesirable for a subject one wishes to keep private

Queen's Printer Act

deem's the Queen's Printer responsible for printing all Acts, journals, sessional papers and other printed documents placed before the Legislature during each session and to distribute these to citizens, institutions and other government bodies as directed by the Minister
states that documents published by the Queen's Printer may be sold or provided free of charge

Utilities Commission Act

creates the British Columbia Utilities Commission
regulates bodies and individuals who provide publicly available communication services using systems such as cable, microwave, optical fibre, or radio for transmitting information

MINISTRIES, TRIBUNALS & REGULATORY BODIES

Information and Privacy Branches, Offices, Divisions, etc.

most provincial ministries have their own information and privacy department, responsible for assisting the ministry staff with matters arising under the Freedom of Information and Protection of Privacy Act, such as handling requests for information and ensuring that reasonable safeguards exists to protect against improper or illegal disclosure of sensitive information

Information and Privacy Commissioner

responsible for promoting and protecting the rights created by the Freedom of Information and Privacy Act
attempts to resolve complaints regarding freedom of information and protection of privacy
is independent of the government and has the power to issue binding orders with which the government must comply within thirty days (unlike the federal Privacy Commissioner)

Ministry of Employment and Investment

Telecommunications Policy Branch develops and analyzes policy in the telecommunications, broadcasting and cable industries in order to promote provincial interests at the federal level to the CRTC

Ministry of Government Services and Ministry Responsible for Sports and Commonwealth Games

responsible for freedom of information, government communications, the Queen's printer, provincial records and archives, and for generally managing access to government information
supervises programs including the following:

Access Services

provides public access to the documentary heritage of the province through archival records of the provincial government, and an extensive library of publications on BC History

Community Archives Advisory Services

a program designed to help establish and develop community archives

BC Archives and Records Service

responsible for providing centralized archives and records management services for all government records and for making available records of enduring value to British Columbia

BC STATS

produces and distributes statistical information on the economic, social and demographic conditions of the province
information is available from publication such as Labour Force Survey, B.C. Manufacturers Directory, etc.

Ministry of Municipal Affairs

Library Services Branch oversees provincial depository program whereby government documents are provided to public and post-secondary libraries throughout the province
supports public libraries through funding and provides specialized services such as direct mail library service to people living far from a public library and library service in special formats to people who because of a disability cannot use print materials

INFORMATION PROVIDERS

BC Systems Corporation

a Crown corporation which among other activities, is responsible for information access services
manages BC Online, an information service which provides electronic access to government registry databases such as the Land Title Registry, Personal Property Security Registry, the Companies Registry, income taxation bulletins, etc.

Enquiry BC

provides telephone information referrals and information on provincial government programs and services
program is also responsible for collecting and disseminating the provincial government's corporate information, publishing the BC Guide to Programs and Services of the Provincial Government, the Government of British Columbia Telephone Directory and the Government of British Columbia Blue Pages in all BC Tel directories

Hansard and Television Services

Hansard is the Official Report of the Debates of the Legislative Assembly, containing a verbatim record of the proceedings of the legislature; it is indexed and published daily
this department is also responsible for administration of television, broadcast services and closed captioning

Legal Services Society

the Legal Services Society Act mandates the Society to ensure that education, advice and information about the law are provided for the people of British Columbia
the Society provides legal aid for people who cannot afford a lawyer, school and community education programs, a legal resource centre open to the public and staffed by librarians, and a "Law Line" where librarians provide general legal information over the phone

Public Libraries

public libraries are funded by local and provincial governments and provide access to a broad range of information materials to citizens in communities throughout the province

WHAT YOU CAN DO

About Information Access Procedures, Contact:

Dr. David Flaherty
Information and Privacy Commissioner of British Columbia
4-1675 Douglas Street
Victoria, BC V8V 1X4
(604) 387-5629
(604) 387-1696 FAX

About the Act, Contact:

Ms. Catherine Hunt
Barrister and Solicitor
Ministry of the Attorney General of British Columbia
609 Broughton Avenue
Victoria, BC V8V 1X4
(604) 356-8430

FEDERAL PUBLIC INTEREST GROUPS

Coalition for Public Information (CPI)
#303, 100 Lombard Street
Toronto, ON M5C 1M3
(416) 363-3388
(416) 941-9581 FAX
[email protected]

Public Interest Advocacy Centre (PIAC)
1 Nicholas Street, #1204
Ottawa, ON K1N 7B7
(613) 562-4002
(613) 562-0007 FAX
(addresses legal issues of broad importance that involve public interest issues)

PROVINCIAL PUBLIC INTEREST GROUPS

BC Civil Liberties Association
518-119 W. Pender Street
Vancouver, BC V6B 1S5
(604) 687-2919
(defends classical civil liberties issues of freedom of speech and association, privacy and access to information)

BC Coalition for Information Access
c/o Jacqueline van Dyk @ BCLA
Suite 110, 6545 Bonsor Avenue
Burnaby, BC V5H 1H3

BC Freedom of Information and Privacy Association (FIPA)
103-2092 W. 2nd Avenue
Vancouver, BC V6J 1J4
(604) 739-9788

BC Public Interest Advocacy Centre
(BC PIAC)
701-Pemberton Building, 744 W. Hastings Street
Vancouver, BC V6C 1A5
(604) 687-3063
(provides representations to public interest organizations and individuals in public interest cases)

Public Legal Education Society of British Columbia (PLEA BC)
#150, 900 Howe Street
Vancouver, BC V6Z Z4M
(604) 688-2565
(604) 688-2566 FAX
(makes law and legal system understandable and accessible to people of British Columbia)

MUNICIPAL PUBLIC INTEREST GROUPS

Vancouver City Hall Information Centre
453 W. 12th Avenue
Vancouver, BC V5Y 1V4
(604) 873-7415
(604) 873-7419 FAX
(provides information about city government affairs)

Vancouver Regional FreeNet Association
411 Dunsmuir Street
Vancouver, BC V6B 1X4
(604) 257-3811
[email protected]

OTHER ELECTRONIC RESOURCES

WORLD WIDE WEB

American Communication Association
http://www.uark.edu/depts/comminfo/www/ACA.html

Canada's Coalition for Public Information (CPI)
gopher://Resudox.net:1994/1

Canadian Information Policy Resources
http://www.nlc-bnc.ca/ifla/services/canada.htm
(provides the texts of policy documents and allows connection to other Canadian information policy materials)

Coalition for Public Information (CPI)
gopher://gabriel.resudox.net:1994/1

Communications Research Centre (CRC)
gopher://debra.dgbt.doc.ca.:70/11/crc (informs the public how broadcasting is changing)

Electronic Frontier Canada (EFC)
http://insight.mcmaster.ca/org/efc/efc.html
gopher://insight.mcmaster.ca/11/org/efc
[email protected] (works to shape Canada's computing and communications infrastructure and the policies that govern it)

Information Policy Research Project (IPRP)
gopher://gopher.fis.utoronto.ca/00/research/iprp/about (For further information, contact Professor Andrew Clement, Faculty of Information Studies, University of Toronto, (416) 978-3111, [email protected])

Public - Information Highway Advisory Council (P-IHAC)
http://www.carleton.ca/~swyerxa/p-ihac.html
(allows you to connect to other resources including government agencies, both federal and provincial)

Telecommunities Canada, Inc.
http://www.freenet.mb.ca/tc/index.html

NEWSGROUPS

Canadian Cyberstructure Server, Project of the Internet Public Interest Research Group
(provides listings of newsgroups/listservs and public interest groups)

Coalition for Public Information (CPI)
[email protected]

BIBLIOGRAPHY

British Columbia Directory of Records, 1994. 3 vols. Victoria: Ministry of Government Services, Information and Privacy Branch, 1994.

Canada. Information Highway Advisory Council. Access, Affordability and Universal Service on the Canadian Information Highway. Ottawa: Ministry of Supply and Services, 1995.

Companion Guide to the British Columbia Directory of Records, 1994. Victoria: Ministry or Government Services, Information and Privacy Branch, 1994.

Connection Community Content: The Challenge of the Information Highway: Final Report of the Information Highway Advisory Council. Ottawa: Industry Canada, 1995.

The Extension of Citizens' Information and Privacy Rights to All Public Bodies in British Columbia. Victoria: Ministry of Attorney General, 1993.

Information and Privacy Handbook: An Interpretive Guide to the Freedom of Information and Protection of Privacy Act. 2nd ed. Victoria: Ministry of Government Services, 1995.

Information Rights for British Columbia: Recommendations for Access to Information and Protection of Privacy Legislation for British Columbia. Vancouver: BC Freedom of Information and Privacy Association, 1991.

Info Source: Guide to Sources of Federal Government Information, 1993-94. Ottawa: Treasury Board Secretariat, Administrative Policy Branch, Information Management Practices, 1993.

Mitchell, Heather and Murray T. Rankin. Using the Access to Information Act: How to Cut Through Government Bureaucracy. Vancouver: International Self-Counsel Press, 1984.

Questions & Answers About Freedom of Information and Privacy Protection. Vancouver: Freedom of Information and Privacy Association, 1991.

The Privacy Handbook: A Practical Guide to Your Privacy Rights in British Columbia and How to Protect Them. Vancouver: BC Civil Liberties Association and BC Freedom of Information and Privacy Association, 1994.

This page last updated 31 January 1996.

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