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Vaughn Palmer: NDP set to weaken B.C.'s FOI law and keep public in the dark

New bill would give public servants more power to refuse to supply requested information

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VICTORIA — The New Democrats are quietly moving to weaken the public access provisions of B.C.’s freedom of information legislation.

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Amendments introduced this week would give public officials greater leeway to delay responding to requests for information and they could challenge whether the request provides “enough detail” to implement.

Those same officials could reject requests altogether if, in their opinion, the effort to respond would interfere with the operations of the provincial government.

Citizens’ Services Minister Diana Gibson barely hinted at those changes Thursday in introducing Bill 9, with its amendments to the Freedom of Information and Protection of Privacy Act, or FIPPA.

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“These proposed changes will support more connected, people-centred government services while maintaining strong privacy protection,” said Gibson.

The only hint at the clawback on access was a reference to the introduction of “practical efficiencies to how freedom of information requests are processed” and to “helping public bodies better manage growing volumes and complexity” of requests.

Even so, Gibson claimed, the changes would be implemented “without limiting people’s right to access.”

The followup news release insisted Bill 9 was all about “improving digital service delivery” and adopting “quicker, streamlined processes” to “improve the freedom of information applicant experience.”

However, there were also passing references to “improving process efficiency” and “enabling public bodies to better manage the administrative processes associated with freedom of information requests.”

There followed data on a 28 per cent increase in the number of pages of information processed over the past four years and a tripling of the size of each file processed.

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The initial response was entirely positive from Information and Privacy Commissioner Michael Harvey.

The independent overseer referred to Bill 9 as an effort to “address operational pressures” and praised the government for consulting his office in advance.

“My office has had many discussions with government in a co-ordinated way to ensure the amendments keep to FIPPA’s core purposes, and I am encouraged that the proposed changes will be one step forward to getting FOI records into the hands of applicants faster.

“My office has worked with government to realize administrative efficiencies, streamline the release of records and increase transparency in process for applicants through changing how time extensions are requested for certain types of requests.”

If Harvey had any reservation about the changes to curb access, he didn’t express it in the statement released on Thursday.

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The first discouraging words about Bill 9 came my way courtesy of Stanley Tromp, journalist, researcher and tireless watchdog for the public interest on freedom of information.

He relayed to me the response from the B.C. Freedom of Information and Protection of Privacy Association — and it did ring the alarm bells over what the New Democrats were doing.

The association raised “serious concerns about the legislation, warning that it weakens it at a time when government has failed to meaningfully implement its own record-keeping law.”

The release highlighted the several ways the NDP amendments could be used to restrict access to information.

The legislation weakens the obligation of public officials to expedite responses to requests for information.

The existing law says they are supposed to get back to the applicant “without delay.” The amendment changes that to “without unreasonable delay,” and makes the officials themselves the judge of what is and is not reasonable.

It also grants those same heads of public bodies “the authority to decide, in their opinion, whether the request provides enough detail, to enable an experienced employee, with a reasonable effort and a reasonable amount of time, to identify the record sought.”

Again, the officials themselves will decide what is “enough” and what is “reasonable.”

A third provision allows officials to disregard requests altogether if, in their opinion “responding to the request would unreasonably interfere with the operations of the government of B.C.”

Unreasonably interfere with the operations of the entire government, no less.

Imagine how that power could be abused to ashcan potentially embarrassing requests at a time of supposed fiscal restraint.

The association notes a few bright spots in the amendments, such as opening the door for the commissioner to enter information-sharing agreements with regulators across Canada.

Overall, the association regards the legislation as a missed opportunity to reform government record-keeping and a retreat on access for the public.

“Access delays are often a symptom of record-keeping failures,” said association executive-director Jason Woywada. “You cannot fix systemic information management problems by weakening public access rights.”

The association’s news release reminded me of a useful piece of advice I got early on the provincial political beat.

Barbara McLintock, legendary reporter for the Province newspaper, used to say that when figuring out government legislation, don’t go by what the minister says in the house and don’t be fooled by the news release: “Read the bill itself.”

Reading through this legislation, it becomes readily apparent that the New Democrats are bent on restricting public access to information under the guise of efficiency and debt reduction.

Bill 9 is of a piece with the NDP drive to stifle independent oversight of government hiring, promotions and firing by abolishing the independent merit commissioner.

vpalmer@postmedia.com 

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