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| Location: Alberta Government Home > FOIP Home > Legislation > FOIP Act > Section 1 - Definitions | |||||||||||
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Print Version
Section 1 - Definitions
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, (a) "adjudicator" means a person designated under section 75; (b) "applicant" means a person who makes a request for access to a record under section 7(1); (b.1) "biometric information" means information derived from an individual's unique measurable characteristics; (c) "Commissioner" means the Information and Privacy Commissioner appointed under Part 4; (d) "educational body" means (i) a university as defined in the Post-secondary Learning Act, (ii) a technical institute as defined in the Post-secondary Learning Act, (iii) a public college as defined in the Post-secondary Learning Act, (iv) the Banff Centre as defined in the Post-secondary Learning Act, (v) a board as defined in the School Act, (vi) a charter school as defined in the School Act, or (vii) a Regional authority as defined in the School Act; (e) "employee", in relation to a public body, includes a person who performs a service for the public body as an appointee, volunteer or student or under a contract or agency relationship with the public body; (f) "head", in relation to a public body, means (i) if the public body is a department, branch or office of the Government of Alberta, the member of the Executive Council who presides over it, (ii) if the public body is an agency, board, commission, corporation, office or other body designated as a public body in the regulations, the person designated by the member of Executive Council responsible for that body to act as the head of that body or, if a head is not so designated, the person who acts as the chief officer and is charged with the administration and operation of that body, (iii) if the public body is a local public body, the person or group of persons designated under section 95(a) as the head, and (iv) in any other case, the chief officer of the public body; (g) "health care" body means (i) the board of an approved hospital as defined in the Hospitals Act other than an approved hospital that is: (A) owned or operated by a regional health authority under the Regional Health Authorities Act, or (B) established and operated by the Alberta Cancer Board continued under the Cancer Programs Act; (ii) the operator of a nursing home as defined in the Nursing Homes Act other than a nursing home that is owned and operated by a regional health authority under the Regional Health Authorities Act, (iii) a provincial health board established under the Regional Health Authorities Act, (iv) the Alberta Cancer Board continued under the Cancer Programs Act, (v) a regional health authority under the Regional Health Authorities Act, (vi) a community health council established under the Regional Health Authorities Act, or (vii) a subsidiary health corporation as defined in the Regional Health Authorities Act; (h) "law enforcement" means (i) policing, including criminal intelligence operations, (ii) a police, security or administrative investigation, including the complaint giving rise to the investigation, that leads or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the investigation or by another body to which the results of the investigation are referred, or (iii) proceedings that lead or could lead to a penalty or sanction, including a penalty or sanction imposed by the body conducting the proceedings or by another body to which the results of the proceedings are referred; (i) "local government body" means (i) a municipality as defined in the Municipal Government Act, (ii) an improvement district under the Municipal Government Act, (iii) a special area as defined in the Special Areas Act, (iv) a regional services commission under Part 15.1 of the Municipal Government Act, (v) a board established under the Drainage Districts Act, (vi) a board established under the Irrigation Districts Act, (vii) a management body established under the Alberta Housing Act, (vii) a Metis settlement established under the Metis Settlements Act, (ix) the Metis Settlements General Council established under the Metis Settlements Act, (x) any (A) commission, (B) police service, or (C) policing committee, as defined in the Police Act, (xi) any municipal library board, library system board, federation board or intermunicipal library board continued or established under the Libraries Act, or (xii) any board, committee, commission, panel, agency or corporation that is created or owned by a body referred to in subclauses (i) to (xi) and all the members or officers of which are appointed or chosen by that body, but does not include EPCOR Utilities Inc. or ENMAX Corporation or any of their respective subsidiaries (A) that own a gas utility as defined in the Gas Utilities Act, (B) that own a generating unit, transmission facility or electric distribution system as defined in the Electric Utilities Act, or (C) whose primary business activity consists of providing electricity services as defined in the Electric Utilities Act; (j) "local public body" means (i) an educational body, (ii) a health care body, or (iii) a local government body; (k) "Minister" means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (l) "offence" means an offence under an enactment of Alberta or Canada; (m) "officer of the Legislature" means the Auditor General, the Ombudsman, the Chief Electoral Officer, the Ethics Commissioner or the Information and Privacy Commissioner; (n) "personal information" means recorded information about an identifiable individual, including (i) the individual's name, home or business address or home or business telephone number, (ii) the individual's race, national or ethnic origin, colour or religious or political beliefs or associations, (iii) the individual's age, sex, marital status or family status, (iv) an identifying number, symbol or other particular assigned to the individual, (v) the individual's fingerprints, other biometric information, blood type, genetic information or inheritable characteristics, (vi) information about the individual's health and health care history, including information about a physical or mental disability, (vii) information about the individual's educational, financial, employment or criminal history, including criminal records where a pardon has been given, (viii) anyone else's opinions about the individual, and (ix) the individual's personal views or opinions, except if they are about someone else; (o) "prescribed" means prescribed by the regulations; (p) "public body" means (i) a department, branch or office of the Government of Alberta, (ii ) an agency, board, commission, corporation, office or other body designated as a public body in the regulations, (iii) the Executive Council Office, (iv ) the office of a member of the Executive Council, (v) the Legislative Assembly Office, (vi) the office of the Auditor General, the Ombudsman, the Chief Electoral Officer, the Ethics Commissioner or the Information and Privacy Commissioner, or (vii) a local public body, but does not include (viii) the office of the Speaker of the Legislative Assembly and the office of a Member of the Legislative Assembly, or (ix) the Court of Appeal of Alberta, the Court of Queen's Bench of Alberta or The Provincial Court of Alberta; (q) "record" means a record of information in any form and includes notes, images, audiovisual recordings, x-rays, books, documents, maps, drawings, photographs, letters, vouchers and papers and any other information that is written, photographed, recorded or stored in any manner, but does not include software or any mechanism that produces records; (r) "third party" means a person, a group of persons or an organization other than an applicant or a public body; (s) "trade secret" means information, including a formula, pattern, compilation, program, device, product, method, technique or process (i) that is used, or may be used, in business or for any commercial purpose, (ii) that derives independent economic value, actual or potential, from not being generally known to anyone who can obtain economic value from its disclosure or use, (iii) that is the subject of reasonable efforts to prevent it from becoming generally known, and (iv) the disclosure of which would result in significant harm or undue financial loss or gain. RSA 2000 cF-25 s1;RSA 2000 cH-5 s114;RSA 2000 c16(Supp) s46;2003 cP-19.5 s139;2003 c21 s2;2006 c5 s15
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