Order filed with Supreme Court after Northern Health fails to complete Freedom of Information request

FORT ST. JOHN, B.C. — An order has been filed against Northern Health by the provincial privacy commissioner for not meeting agreed-upon deadlines for an information access request. 

According to an April 28th press release, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) has filed a consent order with the Supreme Court of British Columbia against the health authority.

Caroline Alexander filed several Freedom of Information (FOI) requests with Northern Health between January 8th and January 23rd, and she claims she has not received a response from the health authority as of May 5th. 

An FOI is a formal request from a member of the public to access and review records that pertain to the provincial government, public bodies such as Northern Health or personal records on behalf of someone else or yourself. 

Northern Health declined an interview from Energeticcity.ca, and instead provided a statement on the subject. 

“We are aware of the order filed by the commissioner in [the] BC Supreme Court this week and accept that we have not met the requirements of the consent orders in question,” the health authority wrote.

“Northern Health’s Information and Privacy Office has been experiencing capacity challenges that have impacted the FOI response completion, and we are taking steps to work with the OIPC and the applicant as we make every effort to expedite their completion.”

Alexander explained her FOI requests focused on “policy-level concerns and transparency issues” surrounding Peace Villa, a Northern Health long-term facility, including room temperature regulations, family access and residential care administrative actions. 

“I have a loved one in Peace Villa and I’m also on what’s called the Peace Villa Resident and Family Council, and that’s an independent council that’s mandated by the Ministry of Health,” Alexander told Energeticcity.ca.

The council is a part of residential care, has legal standing and its role is to advocate for residents.

Alexander said after not receiving any information from Northern Health, she turned to the OIPC.

The consent order was issued by the OIPC after Northern Health “failed to respond to the applicant within the legislated timeline,” as outlined in the Freedom of Information and Protection of Privacy acts, which is usually 30 days. 

According to Alexander, she and Northern Health signed the order on April 2nd, agreeing the information would be released to her by April 22nd.

However, as of May 5th, Northern Health has not released any information in relation to Alexander’s FOIs. 

As a result of this lack of compliance, Commissioner Michael Harvey stated the OIPC took the “extraordinary” step of filing the consent order with the Supreme Court of B.C.

“We [now] have our consent order filed as an order with the Supreme Court, and so that means that our order then takes on the force of law,” Harvey explained. 

“This was remarkable because this is not something we normally do.

“Public bodies can’t just respond to Freedom of Information requests when it’s convenient for them to do so, it’s the law.”

The OIPC specifically referenced requirements in the act that a public body such as Northern Health “comply with orders issued by the commissioner or their delegate” and it allows the OIPC to step in and file orders with the courts if obligations are not being met. 

“[Freedom of Information requirements are] not some administrative back office function that are secondary to the purpose of a public body, they’re really fundamental to its purpose,” Harvey said. 

“So Northern Health, and every other public body in this province, needs to understand that under times of pressure, sucking resources away from the Freedom of Information function is a really dangerous game to play, because these laws are laws, not optional.” 

While he could not provide clarity on the timeline of this process moving forward, Harvey stated the court could begin contempt proceedings if the health authority continues to not respond to the order.