The BC government is planning updates to the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165 (FOIPPA), with Bill 9 introduced on February 26, 2026. Some of the main proposed changes provide public bodies with more flexibility with access requests, and recognise some of the challenges organizations face with abusive and malicious requests.
Currently, public bodies must answer applicants within 30 days, with possible extensions. If the request is frivolous, repetitive, or would take too much time and resources, the Privacy Commissioner can let the public body ignore it. Bill 9 would expand these powers, giving the Privacy Commissioner authority to allow bodies to ignore requests that are abusive or that would slow down operations.
The changes also let applicants agree to give public bodies more time to respond to their requests. While it is unclear how many applicants would consent to an extended response timeline, the amendments clearly recognize the difficulty public bodies may face in retrieving and reviewing records before disclosure.
Other proposed changes include enabling proactive disclosure of personal information to applicants without the need for an access request.
Are the Winds of Change blowing?
The amendments recognize that public bodies are struggling under the weight of increasingly complex FOI requests. A government report determined the average processing time for an FOI request is 43 days.[1] In 2024-2025 alone, public bodies processed over a million pages of documents in response to FOI requests.[2]
While individuals have a broad right to information held by public bodies, the amendments reflect an appreciation that, although most access requests are legitimate and appropriate, some individuals abuse FOIPPA. The changes will hopefully improve the FOI process and help to manage inappropriate requests, without limiting the public’s right to access.
Private organizations in BC have their own privacy law (the Personal Information Protection Act) and are not directly affected by FOIPPA revisions, but these changes could mean updates are also coming for private-sector privacy laws.
In the meantime, both public and private organizations are encouraged to streamline and organize their information access processes. Private entities may benefit from implementing systems that allow employees, in the normal course of business, to access their personal information held by the organization without need for a full PIPA process. These processes should allow for the appropriate approach in each circumstance, including for example, where litigation is involved.
Bill 9 is at its first reading, so we will monitor it further as it moves through the legislature.