I asked AI: If there was corruption in the government of British Columbia, could it be hidden from the public using the mechanisms of the Freedom of Information and Protection of Privacy Act (FOIPPA)?
April 4, 2026
Question by Sasha Izard
I asked Google AI the following question:
If there was corruption in the government of British Columbia, could it be hidden from the public using the mechanisms of the Freedom of Information and Protection of Privacy Act (FOIPPA)?
If there was corruption in the government of British Columbia, could it be hidden from the public using the mechanisms of the Freedom of Information and Protection of Privacy Act (FOIPPA)? – Google Search
The AI responded:
While the Freedom of Information and Protection of Privacy Act (FOIPPA) is designed to ensure government accountability, specific legal mechanisms and procedural gaps can be used to delay or withhold information that might reveal corruption. [1, 2, 3, 4]
1. Legal Exceptions (The “Redaction” Tools)
FOIPPA includes mandatory and discretionary exceptions that allow public bodies to redact or withhold records: [5, 6, 7, 8, 9]
- Cabinet Confidences (Section 12): Public bodies must refuse to disclose information that would reveal the substance of deliberations of the Executive Council (Cabinet), including advice or recommendations.
- Policy Advice (Section 13): This discretionary exception is frequently used to withhold “advice or recommendations” developed for a public body. Critics argue this section is often over-applied to hide factual analysis and background data.
- Harm to Economic Interests (Section 17): Government can refuse to disclose information that might harm the financial or economic interests of a public body or the province.
- Law Enforcement (Section 15): Information can be withheld if its disclosure would harm an ongoing investigation or reveal law enforcement techniques. [6, 10, 11, 12, 13, 14]
2. Procedural Hurdles
Even if a record should be public, several mechanisms can effectively “hide” it by making it inaccessible: [15]
- Fees: The government introduced a mandatory $10 application fee and can charge significant “search and preparation” fees for large requests, which critics call a “paywall” for transparency.
- Delays: While the law mandates a 30-day response time, the Information and Privacy Commissioner has noted that the government often extends these timelines without legal authority, undermining public trust.
- “Information Laundering”: Some public bodies have been accused of moving functions to wholly-owned subsidiary companies that claim they are not covered by FOIPPA because they are “private,” effectively removing billions in spending from public oversight. [12, 16, 17, 18]
3. The Counter-Mechanism: Section 25
Section 25 is a “public interest override” that theoretically prevents the hiding of corruption. It mandates that a public body must disclose information—without a request and regardless of other exceptions—if the disclosure is clearly in the public interest. However, the legal threshold for this is extremely high and is usually only triggered in “the clearest and most serious situations,” such as risks to public health or safety. [19, 20, 21, 22, 23]
Summary of Risks
| Mechanism [10, 12, 16, 18, 24] | Potential for Misuse |
|---|---|
| Cabinet Confidence | Hiding high-level political decisions from scrutiny. |
| Policy Advice | Redacting the facts and analysis used to justify controversial decisions. |
| Fees & Delays | Making it too expensive or slow for journalists/citizens to obtain records. |
| Shell Companies | Moving records out of the “public body” definition to avoid FOI entirely. |
Would you like to know more about the appeals process through the Information and Privacy Commissioner if a request is denied?
[3] https://www.publicsafety.gc.ca
[4] https://www.publicsafety.gc.ca
[8] https://oipc.novascotia.ca
[10] https://www.bclaws.gov.bc.ca
[14] https://www.bclaws.gov.bc.ca
[16] https://cba.org
[17] https://fipa.bc.ca
[18] https://www.cbc.ca
[22] https://fipa.bc.ca
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See also:
Index of Exorbitant Cost Estimates Provided for Freedom of Information in British Columbia – CRD Watch Homepage
Petition · That Section 13 of British Columbia’s Freedom of Information Legislation FOIPPA be removed – Canada · Change.org
BC MLAs that are not Ministers, are not subject to Freedom of Information and Protection of Privacy Act (FOIPPA) requirements. – CRD Watch Homepage
The Office of the Information and Privacy Commissioner (OIPC), has concluded that the Union of BC Municipalities (UBCM) is not subject to the Freedom of Information and Protection of Privacy Act – CRD Watch Homepage
BC Government Accused of a Stealth Attack on Freedom of Information | The Tyee
B.C. NDP no longer cares about access to information – Victoria Times Colonist
Petition that Section 13 of British Columbia’s Freedom of Information Legislation FOIPPA be removed. – CRD Watch Homepage
Index of articles regarding Law and Bylaw – CRD Watch Homepage

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