CITY OF REVELSTOKE
BYLAW NO. 1504, 1995
A Bylaw for the Administration of the Freedom of Information and Privacy Act
WHEREAS, under Section 76.1 of the Freedom of Information and Protection of Privacy Act, a local government:
(a) must designate a person or group of persons as the head of the municipality for the purposes of the Freedom of Information and Protection of Privacy Act;
(b) may authorize any person to perform any duty or exercise any function under the Freedom of Information and Protection of Privacy Act of the person or group of persons designated as the head of the municipality; and
(c) may set any fees the local public body requires to be paid under Section 75 of the Freedom of Information and Protection of Privacy Act.
THEREFORE, the Council of the City of Revelstoke in open meeting assembled enacts as follows:
1. This Bylaw may be cited for all purposes as the City of Revelstoke's Freedom of Information and Protection of Privacy Bylaw No. 1504, 1995.
2.0 Definitions and Interpretation
2.1 The definitions contained in Schedule 1 of the Act shall apply to this bylaw except where the context requires otherwise.
2.2 In this bylaw:
"Commercial Applicant" means a person who makes a request for access to a record to obtain information for use in connection with a trade, business, profession or other venture for profit.
"Coordinator" means the person designated in Section 3.2 as the Information and Privacy Coordinator.
"Council" means the Council of the Municipality.
"Head" means the person or group of persons designated as the Head of the municipality under Section 3 of this Bylaw.
"Administrator" means Municipal Manager appointed under Section 246 of the Municipal Act.
"Municipality" means the City of Revelstoke.
"Request" means a request under Section 5 of the Act.
"The Act" means the Freedom of Information and Protection of Privacy Act.
3.0 Administration
3.1 The Administrator is designated as the Head for the purposes of The Act.
3.2 The duties and functions of Head which remain those of the Head are set out for reference in Appendix 1.
3.3 The Council hereby designates the Treasurer to be the Information and Privacy Coordinator.
4.0 Powers of Coordinator
The Council hereby authorizes the Coordinator to perform the following duties or exercise the following functions of the Head under The Act:
Bylaw No. 1504, 1995 Page 2
4.1 Responding to Requests
(1) The duty to create a record from a machine readable record in the custody or under the control of the municipality using its normal computer hardware and software and technical expertise if creating the record would not unreasonably interfere with the operations of the municipality;
(2) The power to respond to a request after the Head has made a decision regarding the disclosure or non-disclosure of a record.
4.2 Extension of Time
(1) The power to extend the time for responding to a request for up to 30 days.
(2) The power to apply to the Information and Privacy Commissioner for a longer time period for response to a request where:
(a) the applicant does not give enough detail to enable the municipality to identify a requested record;
(b) a large number of records is requested or must be searched and meeting the time limit would unreasonably interfere with the operations of the municipality;
(c) more time is needed to consult with a third party or other public body before the Head can decide whether or not to give the applicant access to a requested record; or
(d) a third party asks for a review under Section 52(2) or 62(2) of The Act.
(3) The power to tell the applicant the reason for an extension, when a response can be
expected and that the applicant may complain about the extension under Section 42(2)(b) or 60(1)(a) of The Act where the time for a response to a request has been extended under
Section 10(1) of The Act.
4.3 Transfer Request
(1) The power to transfer a request and, if necessary, the records to another public body if:
(a) the record was produced by or for the other public body;
(b) the other public body was the first to obtain the record; or
(c) the record is in the custody or under the control of the other public body.
(2) The power to notify the applicant of the transfer.
4.4 Information Available for Purchase
The power to refuse to disclose information that is available for purchase by the public under Section 20(1)(a) of The Act.
4.5 Notification
(1) The power to notify a third party that the municipality intends to give access to a record that the Coordinator has reason to believe contains information that might be excepted from disclosure under Section 21 (information harmful to business interests of a third party) or Section 22 (information harmful to personal privacy) of The Act.
(2) The power to give notice under Section 23(1.2) of The Act where the Coordinator does not intend to give access to a record that contains information excepted from disclosure under Section 21 (information harmful to business interests of a third party) or Section 22 (information harmful to personal privacy) of The Act.
(3) The power to give written notice of the decision whether or not to give access to a record that the Administrator has reason to believe contains information that might be excepted from disclosure under Section 21 or 22 of The Act to the applicant and a third party.
4.6 Public Interest
The power to disclose information in accordance with Section 25 of The Act to the public, to an affected group of people or to an applicant:
(a) about a risk of significant harm to the environment or to the health or safety of the public or a group of people; or
(b) the disclosure of which is, for any other reason, clearly in the public interest.
Bylaw No. 1504, 1995 Page 3
4.7 Information Protection
(1) The power to protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.
(2) The duty to refuse to disclose information to an applicant if the disclosure is prohibited or restricted by or under another Act.
4.8 Commissioner's Orders
The power to comply with an order of the Information and Privacy Commissioner.
5.0 Fees
An applicant making a request shall pay to the municipality the fees set out in Schedule "A" for the purpose of:
(a) locating, retrieving and producing the record;
(b) preparing the record for disclosure;
(c) shipping and handling the record;
(d) providing a copy of the record.
6.0 This Bylaw shall come into force and effect upon it's adoption by Council.
READ A FIRST TIME this 12th day of DECEMBER, 1994.
READ A SECOND TIME this 12th day of DECEMBER, 1994.
READ A THIRD TIME this 12th day of DECEMBER, 1994.
RECONSIDERED AND FINALLY ADOPTED this 9th day of JANUARY, 1995.
CLERK MAYOR
I hereby certify that the foregoing is a true and correct copy of the City of Revelstoke Freedom of Information and Protection of Privacy Bylaw No. 1504, 1995.
CLERK
Bylaw No. 1504, 1995 Schedule "A"
SCHEDULE OF MAXIMUM FEES
1. For applicants other than commercial applicants:
(a) locating and retrieving a record $7.50 per 1/4 hour after the first
3 hours
(b) producing a record manually $7.50 per 1/4 hour
(c) producing a record from a machine readable record $16.50 per minute for cost of the
central mainframe processor and
all locally attached devices plus
$7.50 per 1/4 hour for developing
a computer program to produce the record
(d) preparing a record for disclosure and handling a record $7.50 per 1/4 hour
(e) for shipping copies actual costs of shipping method
chosen by applicant
(f) for copying records:
(i) photocopies and computer printouts $0.25 per page (8.5" x 11", 8.5" x
14") $0.30 per page (11" x 17")
(ii) floppy disks $10.00 per disk
(iii) computer tapes $40.00 per tape, up to 2400 feet
(iv) microfiche $10.00 per fiche
(v) 16mm microfilm duplication $25.00 per roll
(vi) 35mm microfilm duplication $40.00 per roll
(vii) microfilm to paper duplication $0.50 per page
(viii) photographs (colour or black and white) $5.00 to produce a negative
$12.00 each for 16" x 20"
$9.00 each for 11" x 14"
$4.00 each for 8" x 10"
$3.00 each for 5" x 7"
(ix) photographic print of textual, graphic or
cartographic record (8" x 10") black and white $12.50 each
(x) hard copy laser print, B/W, 300 dots/inch $0.25 each
(xi) hard copy laser print, B/W, 1200 dots/inch $0.40 each
(xii) hard copy laser print, colour $1.65 each
(xiii) photomechanical reproduction of 105mm
cartographic record/plan $3.00 each
(xiv) slide duplication $0.95 each
(xv) plans $1.00 per square metre
(xvi) audio cassette duplication $10.00 plus $7.00 per 1/4
hour of recording
(xvii) video cassette (1/4" or 8mm) duplication $11.00 per 60 minute cassette plus
$7.00 per 1/4 of recording; $20.00 per 120 minute cassette plus $7.00 per 1/4 hour of recording
(xviii) video cassette (1/2") duplication $15.00 per cassette plus $11.00 per
1/4 hour of recording
(xix) video cassette (3/4") duplication $40.00 per cassette plus $11.00 per 1/4 hour of recording
2. For commercial applicants for each
service listed in item 1 the actual cost of providing that
service
Bylaw No. 1504, 1995 Appendix 1
Section Description
6(1) The duty to assist applicants.
8(2) The power to refuse in a response to confirm or deny the existence of:
(a) a record containing information described in Section 15 of the Act (information harmful to law enforcement); or
(b) a record containing personal information of a third party if disclosure of the existence of the information would be an unreasonable invasion of that party's personal privacy.
12.1 The power to refuse to disclose to an applicant information that would reveal:
(a) a draft of a resolution, bylaw or other legal instrument by which the local public body acts or a draft of a private bill; or
(b) the substance of deliberations of a meeting of its elected official or of its governing body or a committee of its governing body, if an Act or a regulation under this Act authorizes the holding of that meeting in the absence of the public.
13 The power to refuse to disclose information that would reveal advice or recommendations developed by or for a public body.
14 The power to refuse to disclose information subject to solicitor/client privilege.
15 The power to refuse to disclose information if the disclosure could reasonably be expected to harm a law enforcement matter or that would have any of the other results set out in Section 15 of the Act.
16 The power to refuse to disclose information if the disclosure could reasonably be expected to be harmful to intergovernmental relations or negotiations in accordance with Section 16 of the Act.
17(1) The power to refuse to disclose information which could reasonably be expected to harm the financial or economic interests of a local public body or the government of British Columbia or the ability of that government to manage the economy including the matters set out in Section 17(1) of the Act.
17(1.1) The power to refuse to disclose research information under Section 17(1.1) of the Act.
18 The power to refuse to disclose information if the disclosure could reasonably be expected to result in damage to or interfere with the conservation of any of the matters referred to in Section 18 of the Act.
19(1) The power to refuse to disclose information, including personal information about an applicant, where the disclosure could reasonably be expected to threaten anyone else's safety or mental or physical health or interfere with public safety under Section 19(1) of the Act.
19(2) The power to refuse to disclose to an applicant personal information about the applicant if the disclosure could reasonably be expected to result in immediate and grave harm to the applicant's safety or mental or physical health under Section 19(2) of the Act.
20(1)(b) The power to refuse to disclose information that will be released or published within 60 days.
21 The duty to refuse to disclose information harmful to the business interest of a third party in accordance with Section 21 of the Act.
22 The power to refuse to disclose personal information if disclosure would be an unreasonable invasion of a third party's personal privacy under Section 22 of the Act.
24 The duty to make a decision and to give written notice of a decision under Section 24 of the Act.
70 The duty to make available to the public manuals, instructions, or guidelines issued to the offices or employees of the public body or substantive rules or policy statements adopted by the public body in accordance with Section 70 of the Act.
71 The power to prescribe categories of records that are in the custody or under the control of the public body and that are available to the public on demand without request for access under the Act, to require persons who ask for a copy of an available record to pay a fee to the public body in accordance with Section 71 of the Act.
75(5) The power to excuse an applicant form paying all or part of a fee if, in the Head's opinion, the applicant cannot afford the payment or for any other reason it is fair to excuse payment where the record relates to a matter of public interest, including the environment or public health or safety.
[NOTE: While the list of powers and duties set out above represents those powers and duties which the Coordinator is not specifically granted, in practice many of the duties will actually be fulfilled by staff acting on behalf of the Head, such as the duty under Section 70 to make available to the public manuals, instructions or guidelines.]
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