Freedom of Information and Protection of Privacy Act (FOI)
The Freedom of Information and Protection of Privacy Act (the "Act") extends information and privacy rights to the City of Richmond.
The principles of the Act are to provide a balance between access and protection:
- the public has the right to access government information
- individuals have the right to have their personal information protected
It has always been a priority in Richmond to be helpful in providing information and assistance to the public. Since the advent of the Act, however, we have had to apply its provisions, which means that while we give access to some information more readily, we must now restrict access to information containing personal information.
In addition, the Act has established a mechanism for receiving, and acting upon, complaints related to how government handles request for records. Specifically, the public may ask the Information Commissioner's Office to investigate complaints, and applicants for information may appeal the City's decision on their requests.
What does the Act Cover?All records on which information is recorded, i.e.; correspondence; reports; forms; microfilm; drawings; electronic media.
The important thing to remember is that the Act covers records, and the information contained therein. It is NOT the intention of the Act that staff undertake compiled and summarized research. (Think of using the Act as a library card - it allows you access to a book (record), but you have to do the research work necessary for your purposes).
Methods to Access RecordsThere are two methods to access City records:
1. Routine Channels
An increasing amount of information is now being released to the public without using the Act--an indication of a move towards a new culture of openness and accountability in government. Much information is handled through the normal release of information, usually by front-line staff. Examples of this would be minutes, bylaws, guidelines, policies, manuals, property-related information, publications, pamphlets, annual reports, routine inspection reports, licences and permits (but not the personal information supporting them).
Information provided through routine channels includes answers to general questions related to departmental and governmental operations.
2. Formal FOI Requests
Formal FOI requests made under the Act provide a method of seeking access to information that is not otherwise available through the routine channels.
Although our philosophy would be to release this government information wherever possible, the Act sets out a series of mandatory and discretionary "exceptions to disclosure" against which the records must be reviewed and upon which the City's decision will be based.
The criteria for an FOI request:
- Must be in writing, by means of a letter, or on the form provided by the City Clerk's Office.
- Must be made to the correct jurisdiction.
- An example : if the request is for a report prepared, for example, by the Greater Vancouver Regional District, the applicant should submit its request to the GVRD, not the City of Richmond.
- Must be in sufficient detail to assist staff in processing the request.
- An example: Please don't say you want "all records relating to [whatever]." That could cover a period of 100 years of records, if they were still available! Instead, try to narrow down the scope of your request. The City's FOI Coordinator would be able to help you in this regard.
The City uses the fee schedule as set out in the Act's regulations. There is no charge for the first 3 hours to locate and retrieve records; thereafter the charge is $7.50 per 1/4 hour ($30/hr.). The photocopying cost is $.25/page. If there are extensive costs involved in retrieving and photocopying records to meet the request, you would be provided with a fee estimate before the application is fully processed. There is, however, no charge for your own personal information.
Processing Information
If you wish to make an FOI request, either write the City's FOI Coordinator, City Clerk's Office, Richmond City Hall, 6911 No. 3 Road, Richmond, B.C. V6Y 2C1; or fax the Coordinator at 604-278-5139; or call the FOI Coordinator at 604-276-4156.
