Alberta Record

· Order in Council / Information and Privacy Statutes Amendment · in-force

Access to information and protection of privacy various statutes amendment regulation

This Order in Council enacts a regulation that systematically updates references to the former Freedom of Information and Protection of Privacy Act across numerous Alberta statutes, replacing them with references to the new Access to Infor…

High impactCensorship & access to informationPrivacy & surveillanceCentralization of powerInstitutional independenceThe public, directlyHealth-care bodiesIndependent watchdogs

What changed

  • The Access to Information and Protection of Privacy (Various Statutes) Amendment Regulation is made.
  • References to the 'Freedom of Information and Protection of Privacy Act' are systematically replaced with 'Protection of Privacy Act' in sections of over 30 Acts, including the Adult Guardianship and Trusteeship Act, Alberta Health Care Insurance Act, and Child and Youth Advocate Act.
  • References to the 'Freedom of Information and Protection of Privacy Act' are systematically replaced with 'Access to Information Act' in sections of over 10 Acts, including the Alberta Public Agencies Governance Act, Alberta Utilities Commission Act, and Education Act.
  • Specific section references within the former Act are updated to correspond with the new Acts, such as section 17(2)(b) of the former Act becoming section 20(2)(b) of the Access to Information Act.
  • Section 58(2) of the Cemeteries Act is repealed.
  • The "Freedom of Information and Protection of Privacy Act" is replaced with the "Access to Information Act" or the "Protection of Privacy Act" in at least 21 regulations, including those governing motor vehicles, administrative penalties, and continuing care.
  • The role of "Freedom of Information and Protection of Privacy Coordinator" is redefined as "Access to Information Coordinator" or "head of the Department for the purposes of the Access to Information Act or the head's delegate" in several regulations.
  • Specific statutory authorizations for information disclosure under the former Act are removed from regulations, such as the Beverage Container Recycling Regulation and Designated Material Recycling and Management Regulation.
  • New definitions for "Access to Information Coordinator" are introduced in regulations like the Boilers Delegated Administration Regulation and Elevating Devices, Passenger Ropeways and Amusement Rides Administration Regulation.
  • Compliance requirements with the new Access to Information Act and Protection of Privacy Act are explicitly stated for certain authorities, including the Authority under the Designated Material Recycling and Management Regulation.

Why it matters

  • Clarifies the legal framework for information access and privacy by distinguishing between public access to government records and the protection of personal information.
  • Ensures consistency in statutory language across numerous provincial Acts following the enactment of the new Access to Information Act and Protection of Privacy Act.
  • Reflects a structural shift in how information governance is legislated in Alberta, moving from a single comprehensive act to a bifurcated system.
  • Impacts the operational procedures and legal obligations of a wide range of public bodies and entities regarding information handling and disclosure.
  • This regulation ensures legal consistency across numerous provincial regulations by aligning them with the recently enacted Access to Information Act and Protection of Privacy Act.
  • It clarifies the specific legislative framework governing access to information and the protection of privacy for various regulated entities and government operations.
  • The redefinition of coordinator roles, shifting responsibility to the "head of the Department or their delegate," centralizes decision-making authority for access to information requests within departmental leadership.
  • The removal of specific statutory authorizations under the former Act may alter the legal basis and procedures for certain information disclosures by regulated bodies.
  • The explicit statement of compliance requirements for certain authorities reinforces their obligations under the new privacy and access legislation.

Rights affected

  • Privacy — Control over personal information held by governments and institutions.
  • Access to information — The ability to see public records and government decisions.

Other governance concerns

  • Clarity of information access rights for the public
  • Consistency of privacy protections across various sectors
  • Administrative burden on public bodies to adapt to the new legislative framework
  • Clarity of new access to information procedures for the public.
  • Impact of redefined coordinator roles on the processing of information requests.
  • Consistency of privacy protections across diverse regulated sectors.
  • Potential for altered information disclosure practices by various authorities.
  • The shift in authority for information requests from a 'coordinator' to a 'head of department or delegate' may affect the independence of the access to information function.

Primary sources (2)

Secondary sources (1)