Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 57 Minister of Justice consider whether an offence had been committed pursuant to section 56 of LA FOIP. Section 66(3) (FOIP): Proceedings Prohibited Proceedings prohibited 66(3) No proceeding lies or shall be instituted against the commissioner or any employee or agent of the commissioner, where the commissioner, employee or agent is acting pursuant to the authority of this Act or the regulations made pursuant to this Act, for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done, by any of them, pursuant to or in the exercise of or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any order made pursuant to this Act or any duty imposed by this Act or the regulations. As noted earlier, section 48 of LA FOIP provides that subsection 66(3) of FOIP is adopted, with any necessary modification, for purposes of LA FOIP. Subsection 66(3) of FOIP covers noncompellability. Subsection 66(3) of FOIP provides that the Information and Privacy Commissioner and staff of the Commissioner are protected from civil liability when acting in good faith pursuant to any authority granted under LA FOIP or The Local Authority Freedom of Information and Protection of Privacy Regulations.95 Good faith means that state of mind denoting honesty of purpose, freedom from intention to defraud, and, generally speaking, means being faithful to one’s duty or obligation. Good faith is an intangible quality encompassing honest belief, the absence of malice and the absence of design to defraud or take advantage of something.96 Some protection is also provided for a local authority and its employees at subsection 54(1) of LA FOIP. See Section 54: Proceedings Prohibited, earlier in this Chapter. 95 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01 at s. 66(3). 96 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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