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Policy and Procedures Manual
Section 76 - Power to make regulations

OVERVIEW

Section 76 authorizes the Lieutenant Governor in Council to make regulations to the Act, both as provided by section 41 of the Interpretation Act and section 76(1) of this Act.

SECTION REFERENCE

76	(1)	The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
	(2)	Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows
		(a)	prescribing procedures to be followed in making, transferring and responding to requests under this Act;
		(b)	permitting prescribed categories of applicants to make requests under this Act orally instead of in writing;
		(c)	setting standards, including time limits, to be observed by officers or employees of a public body in fulfilling the duty to assist applicants;
		(d)	prescribing for the purposes of section 18 the categories of sites that are considered to have heritage or anthropological value;
		(e)	authorizing the disclosure of information relating to the mental or physical health of individuals to medical or other experts to determine, for the purposes of section 19, if disclosure of that information could reasonably be expected to result in grave and immediate harm to the safety of or the mental or physical health of those individuals;
		(f)	prescribing procedures to be followed or restrictions considered necessary with respect to the disclosure and examination of information referred to in paragraph (e);
		(g)	prescribing special procedures for giving individuals access to personal information about their mental or physical health;
		(h)	prescribing the classes of individuals who may act for minors, incompetents, deceased persons or any other individuals under this Act and regulating the manner in which, and the extent to which, any rights or powers of individuals under this Act may be exercised on their behalf;
		(i)	requiring public bodies to provide to the minister responsible for this Act information that relates to its administration or is required for preparing the minister's annual report or the personal information directory.
		(j)	limiting the fees that different categories of persons are required to pay under this Act;
		(k)	exempting any class of public body from a regulation made under this subsection;
		(l)	authorizing, for the purposes of section 12 (3) and (4), a local public body to hold meetings of its elected officials, or of its governing body or a committee of the governing body, to consider specified matters in the absence of the public unless another Act,
			(i)	expressly authorizes the local public body to hold meetings in the absence of the public, and,
			(ii)	specifies the matters that may be discussed at those meetings;
		(m)	providing for the retention and disposal of records by a public body if the Document Disposal Act does not apply to the public body;
		(n)	for any purpose contemplated by this Act.
	(3)	The Lieutenant Governor in Council may amend, by regulation, Schedule 2,
		(a)	to add to it any agency, board, commission or other body,
			(i)	any member of which is appointed by the Lieutenant Governor in Council or a minister,
			(ii)	a controlling interest in the share capital of which is owned by the government of British Columbia or any of its agencies, or
			(iii)	that performs functions under an enactment, and
		(b)	to designate or change the designation of the head of a public body.
	(4)	The Lieutenant Governor in Council may amend, by regulation, Schedule 3 to add to it the name of the governing body of a profession or occupation if
		(a)	any member of that body is appointed by the Lieutenant Governor in Council, a minister or an Act, or,
		(b)	the profession or occupation is governed under an Act.
	(5)	A regulation made under subsection (1) or (2) may provide differently for different classes of public bodies.

SUMMARY

Section 76 provides the means by which the Cabinet can provide specific direction through regulations to specified activities under the Act and allows for the amending of Schedules 2 and 3 of the Act to include new public bodies and designate the head of those new public bodies. Subsection 76(5) recognizes that the regulations may not apply in the same manner to all public bodies, due to the differences between ministries, agencies, crown corporations, local public bodies and the governing bodies of professions or occupations.

POLICY

The Minister responsible for the Act shall prepare for consideration by the Lieutenant Governor in Council any regulations proscribed by the Act or deemed necessary for the operation of the Act, as permitted by this section.

INTERPRETATION

The following types of regulation are described in the act:

• prescribe procedures for making and processing requests (76(2)(a))
  
  

• permit oral vs. written requests (76(2)(b))
  
  

• set standards, including time limits, for fulfilling the duty to assist applicants (76(2)(c))
  
  

• prescribe categories of sites having heritage or anthropological value (76(2)(d))
  
  

• authorize the disclosure, to experts, of personal information relating to mental or physical health (76(2)(e))
  
  

• prescribe procedures and/or restrictions to be observed regarding the disclosure and examination of information referred to in 76(2)(e), 76(2)(f)
  
  

• prescribe procedures to give individuals access to personal information related to their own mental or physical health (76)(2)(g))
  
  

• prescribe classes of individuals, and the extent of their powers, who may act for minors, incompetents, deceased persons, and others (76(2)(h))
  
  

• require public bodies to provide information to the minister for the annual report, freedom of information directory or public record index (76(2)(i))
  
  

• limit fees for different categories of persons (76(2)(j))
  
  

• exempt any class of public body from a regulation (76(2)(k))
  
  

• authorize, under certain conditions, in camera meetings for local public bodies (76(2)(l))
  
  

• provide for the disposition of records for a public body where the Document Disposal Act does not apply (76(2)(m))
  
  

• address any purpose contemplated by the Act (76(2)(n))

A regulation made under 76(1) or (2) may provide differently for different classes of public bodies (76(5)).

The Lieutenant Governor in Council may amend by regulation

• Schedule 2, by adding the names of public bodies meeting certain criteria and designating or changing the designation of the head (76(4))
  
  

• Schedule 3, by adding the name of the governing body of a profession or occupation meeting certain criteria (76(5))

A public body may not be removed from Schedule 2 or Schedule 3 by regulation.

REFERENCES

FOIPPA Manual:	section 18
	section 19
	schedule 2
	schedule 3
Policy Definitions:	applicant
	disclosure
	fees
	governing body
	request
Schedule 1 Definitions:	employee
	head
	local public body
	minister responsible for this Act
	personal information
	public body
Other Legislation:	Interpretation Act
	Document Disposal Act
Regulation:	Order in Council No.1281