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| Location: Alberta Government Home > FOIP Home > Legislation > FOIP Act > Section 4 - Records to which this Act applies | |||||||||||||||
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Print Version
Section 4 - Records to which this Act applies
4(1) This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following: (a) information in a court file, a record of a judge of the Court of Appeal of Alberta, the Court of Queen's Bench of Alberta or The Provincial Court of Alberta, a record of a master of the Court of Queen's Bench of Alberta, a record of a sitting justice of the peace or a presiding justice of the peace under the Justice of the Peace Act, a judicial administration record or a record relating to support services provided to the judges of any of the courts referred to in this clause; (b) a personal note, communication or draft decision created by or for a person who is acting in a judicial or quasi-judicial capacity including any authority designated by the Lieutenant Governor in Council to which the Administrative Procedures Act applies; (c) a quality assurance record within the meaning of section 9 of the Alberta Evidence Act; (d) a record that is created by or for or is in the custody or under the control of an officer of the Legislature and relates to the exercise of that officer's functions under an Act of Alberta; (e) information that is collected by or for or is in the custody or under the control of the Ethics Commissioner and relates to the disclosure statements of deputy ministers and other senior officers that have been deposited with the Ethics Commissioner; (f) a record that is created by or for or is in the custody or under the control of the Ethics Commissioner and relates to any advice relating to conflicts of interest whether or not the advice was given under the Conflicts of Interest Act; (g) a question that is to be used on an examination or test; (h) teaching materials (i) of an employee of a post-secondary educational body, (ii) of a post-secondary educational body, or (iii) of both an employee of a post-secondary educational body and the post-secondary educational body; (i) research information of an employee of a post-secondary educational body; (j) material that has been deposited in the Provincial Archives of Alberta or the archives of a public body by or for a person or entity other than a public body; (j.1) published works collected by a library of a public body in accordance with the library's acquisition of materials policy; (k) a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed; (l) a record made from information (i) in the Personal Property Registry, (ii) in the office of the Registrar of Motor Vehicle Services, (iii) in the office of the Registrar of Corporations, (iv) in the office of the Registrar of Companies, (v) in a Land Titles Office, (vi) in an office of the Director, or of a district registrar, as defined in the Vital Statistics Act, or (vii) in a registry operated by a public body if that registry is authorized or recognized by an enactment and public access to the registry is normally permitted;(m) a personal record or constituency record of an elected member of a local public body; (n) a personal record of an appointed or elected member of the governing body of a local public body; (o) a personal record or constituency record of a member of the Executive Council; (p) a record created by or for the office of the Speaker of the Legislative Assembly or the office of a Member of the Legislative Assembly that is in the custody or control of the Legislative Assembly Office; (q) a record created by or for (i) a member of the Executive Council, (ii) a Member of the Legislative Assembly, or (iii) a chair of a Provincial agency as defined in the Financial Administration Act who is a Member of the Legislative Assembly that has been sent or is to be sent to a member of the Executive Council, a Member of the Legislative Assembly or a chair of a Provincial agency as defined in the Financial Administration Act who is a Member of the Legislative Assembly; (r) a record in the custody or control of a treasury branch other than a record that relates to a non-arm's length transaction between the Government of Alberta and another party; (s) a record relating to the business or affairs of Credit Union Central Alberta Limited, a credit union or a dissolved credit union or relating to an application for incorporation as a credit union that is obtained or produced in the course of administering or enforcing the Credit Union Act or the regulations under it, other than a record that relates to a non-arm's length transaction between the Government and another party; (t) a record of the information referred to in section 120(3) of the Credit Union Act or respecting loans made by a credit union that are subsequently assumed by the Credit Union Deposit Guarantee Corporation; (u) health information as defined in the Health Information Act that is in the custody or under the control of a public body that is a custodian as defined in the Health Information Act. (2) In this section and sections 23(1)(b) and 94(1)(n), "governing body" (a) in relation to a university, means the board of governors or the general faculties council as described in the Post-secondary Learning Act, (b) in relation to a public college, means the board of governors or the academic council as described in the Post-secondary Learning Act, and (c) in relation to a technical institute, means the board of governors or the academic council as described in the Post-secondary Learning Act. (3) In this section, "judicial administration record" means a record containing information relating to a judge of the Court of Appeal of Alberta, the Court of Queen's Bench of Alberta or The Provincial Court of Alberta or to a master of the Court of Queen's Bench of Alberta or a sitting justice of the peace or a presiding justice of the peace under the Justice of the Peace Act, and includes (a) the scheduling of judges and trials, (b) the content of judicial training programs, (c) statistics of judicial activity prepared by or for a judge, and (d) any record of the Judicial Council established under Part 6 of the Judicature Act. (4) For the purposes of subsection (1)(r) and (s), a non-arm's length transaction is any transaction that has been approved (a) by the Executive Council or any of its committees, (b) by the Treasury Board or any of its committees, or (c) by a member of the Executive Council. RSA 2000 cF-25 s4;RSA 2000 cH-5 s114;RSA 2000 s16(Supp) s46;2003 cP-19.5 s139;2003 c21 s3;2006 c17 s3
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