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BC Freedom of Information Act requests
How the BC Freedom of Information Act protects government
how the BC Freedom of Information Act costs money and time.
January 25, 2015
Click on your refresh button in the top menu, to
be sure you see any updates.
Freedom of Information and Protection of Privacy Act
[RSBC 1996] CHAPTER 165
Freedom of Information Bylaw # 611 - 1994
How to make a Freedom of Information Request of the BC Provincial Government
Datadotgc.ca - Federal Data
- citizen lead website of data
OpenInfo.gov.bc.ca - ask for information and find BC Government information
form to request info from the BC Government
OIPC request for
"Fee Waiver" ruling F05-36 - granted
DID YOU KNOW THAT YOU ONLY
HAVE 2 MONTHS TO NOTIFY A REGIONAL DISTRICT BY LETTER, IF YOU ARE
TAKING A REGIONAL DISTRICT TO COURT, AND THAT YOU HAVE TO EXPLAIN
AND DID YOU KNOW YOU ONLY
HAVE 6 MONTHS TO START COURT ACTION?
THERE ARE SOME CASES WHERE MORE THAN 6 MONTHS CAN
PASS IF YOU HAVE A GOOD EXCUSE
FOR EVERYONE ELSE YOU HAVE 2 YEARS TO TAKE THEM TO COURT!!!
MUNICIPALITY MEANS REGIONAL DISTRICT
Local Government Act
[RSBC 1996] CHAPTER 323
Part 24 — Regional Districts
Division 1 — Interpretation
Application of other provisions
774 In the application of the other provisions of this Act or the
Community Charter to regional districts, references are to be read
Reference To be read as
municipality............................... regional district
municipal officer........................ regional district officer
(We believe that Municipality means
Local Government Act
[RSBC 1996] CHAPTER 323
Part 24 — Regional Districts
Division 6 — General
Legal proceedings and enforcement
847 (1) The following apply to a
and its board:
Division 2 [Proceedings against
of Part 7;
Local Government Act
Part 7 — Legal Proceedings
Division 2 — Proceedings against Municipality
Limitation period for actions against municipality
285 All actions against a municipality for the unlawful doing of
(a) is purported to have been done by the municipality
under the powers conferred by an Act,
(b) might have been lawfully done by the
municipality if acting in the manner established by law,
must be commenced within 6
months after the cause of action first arose, or
within a further period designated by the council in a particular
case, but not afterwards.
Immunity unless notice given to municipality after damage
A municipality is in no case
liable for damages unless notice in writing, setting out the time,
place and manner in which the damage has been sustained, is
delivered to the municipality within 2 months from the date on which
the damage was sustained.
(2) In case of the death of a person injured, the failure to give
notice required by this section is not a bar to the maintenance of
(3) Failure to give the notice or its insufficiency is not a bar to
the maintenance of an action if the court before whom it is tried,
or, in case of appeal, the Court of Appeal, believes
(a) there was reasonable excuse, and
(b) the defendant has not been prejudiced in its defence by the
failure or insufficiency.
IT SAYS THERE IS EXCEPTION
TO THIS IF THERE WAS REASONABLE EXCUSE. YOU CAN FIND CASES IN THE BC
COURT JUDGEMENT DATABASE
SMALL CLAIMS COURT AND PROVINCIAL COURT
SUPREME COURT JUDGMENTS DATABASE
BC government withholds FOI responses from open info website
TheTyee.ca - By Andrew MacLeod November 7, 2011
A Vancouver researcher said he was surprised to learn recently that
the British Columbia government is withholding its responses to
certain freedom of information requests from its open information
"I was surprised mine would not be put up there," said Mark Weiler,
a research associate at Simon Fraser University whose interests
include public education regarding FOI.
Weiler had requested records showing how an earlier request he had
made had been handled. The government provided Weiler with a 22-page
response, but in the Oct. 26, 2011 cover letter noted, "The Ministry
has determined that these records will not be published on the BC
Government's Open Information website."
The ministry started publishing its responses to FOI requests on the
website in July. Margaret MacDiarmid, the minister of Labour,
Citizens' Services and Open Government, became responsible for the
system after a September cabinet shuffle.
Asked last week which FOI responses the government might not be
posting to the open information website, she said, "I think the rule
is they all are after 72 hours or more."
After hearing a description of Weiler's request, she said, "My
understanding is they are posted, so there must be something I'm not
getting about this." She offered that Weiler could contact her
directly to discuss the matter.
A spokesperson for the ministry said there's a July policy document
publicly available, and the most likely explanation was that
Weiler's request was considered to contain personal information.
"It does contain some personal information . . . but those could
have been redacted easily," Weiler said. While the package contained
a few emails with his name on them, that's quite different from a
health record or another document that would normally be considered
personal, he said.
A document released today, in response to another Weiler request,
shows there are other categories of records that are not being
In an Aug. 9, 2011 email, Chad Hoskins, the manager for open
information planning, wrote to colleagues who handle FOI requests,
"Please note that based on a further risk assessment, requests for
calendars for any government employee or official will be considered
exempt from publication on the Open Information website."
An earlier Hoskins email had said ministerial assistant calendars
"will be considered exempt from publication due to personal safety
The threshold for withholding calendars due to security concerns
should be high and not covered with a blanket policy, said Weiler.
"On what basis would they have for withholding calendars for time in
Other records that get withheld include ones including 'proprietary'
information on a First Nation, requests made by or for other
governments where the response includes that government's
confidential information, and responses that include confidential
Weiler said he supports the government publishing responses on its
open information website after a 72-hour embargo as it allows the
public to see how public bodies handle FOI requests.
Andrew MacLeod is The Tyee’s Legislative Bureau Chief in Victoria.
Waiting for land exchange documents
Castanet.net - by Wayne Moore - Story: 66907 - Nov
The land in question for the 'swap'
The District of West Kelowna has had a Freedom of Information
Request put on hold -- yet again.
The municipality is trying to get information and documents relating
to the controversial land exchange between the province and Westbank
According to West Kelowna, that request has been delayed for a
In a news release issued Friday, West Kelowna says it received word
from the Ministry of Labour, Citizens' Services and Open Government
November 1 stating its request for records pertaining to the land
exchange would be delayed until March 12, 2012.
This is the second time an extension has been granted.
The original request through the Freedom of Information and
Protection of Privacy Act was received by the Ministry of
Transportation and Infrastructure on July 22, 2011.
They were informed in mid September the government would not be able
to respond to the request within the 30 business days as defined by
the Act because of the large volume of records involved.
The deadline was extended to October 31.
That timeline has again been extended to march of next year, again
because of the large volume and the requirement to consult with a
public body and/or third party.
West Kelowna Council has raised a number of concerns regarding the
government's commitment to turn over a 698 parcel of Crown land at
the north and east side of the Rose Valley Reservoir in exchange for
eight acres of reserve lands being used for highway projects between
the bridge and Westside Road.
|*Note* This is only a snippet, please
click link for entire contents
Regional District of
Central Okanagan (Re), 2010 BCIPC 57 (CanLII)
Regional District of Central Okanagan (Re), 2010 BCIPC 57 (CanLII)
REGIONAL DISTRICT OF CENTRAL OKANAGAN
Celia Francis, Senior Adjudicator
November 4, 2010
CanLII Cite: 2010 BCIPC 57
Summary: The RDCO requested under s. 56 that an inquiry not proceed
in this case on the grounds that the
information in dispute is the names and addresses of complainants
about alleged bylaw infractions and thus clearly subject to
s. 15(1)(d). It is plain and obvious that this exception applies and
the respondent has not shown any basis on which an inquiry might
have a different outcome. An inquiry will therefore not take place.
The access request
 The respondent requested information from the RDCO “regarding
the names and addresses of the persons that complained about the
vehicles and trailers I have sitting on my land that I am dealing
with your law enforcement officer”. The RDCO treated this as a
request under the Freedom of Information and Protection of Privacy
Act (“FIPPA”) and refused access to information on the complainants
under s. 15(1)(d) and s. 22(3)(b) of FIPPA. The RDCO told the
respondent that it has a policy of not releasing the personal
information of complainants. It added this:
This is particularly pertinent in that all of the Regional
District’s bylaw enforcement is based on responding to complaints.
To make the complainant’s name available to the accused would likely
put a dampening effect on the number of complaints received
regarding bylaw infractions, thus severely
hampering the Region’s ability to enforce their duly enacted bylaws.
[underlining in original]
District against land swap
Kelowna Capital News - Okanagan Similkameen - By
Wade Paterson - August 04, 2011
The District of West Kelowna is objecting to a proposed land
exchange between Westbank First Nation and the provincial
The proposed exchange would see WFN gain a 698-acre plot of Crown
land in exchange for eight acres of reserve land, which are being
used for the development of the Westside Road interchange.
Mayor Doug Findlater said the deal goes against the interests of
taxpayers in the District of West Kelowna and the Regional District
of Central Okanagan.
“Council is especially concerned because
the provincial government refuses to
provide the District of West Kelowna with a copy of the agreement it
has signed with the Westbank First Nation, despite numerous requests
for the document,” said Findlater.
Findlater also noted the province has yet to provide the district
with any of the land appraisals regarding the land exchange. The
portion of Crown land under consideration is near Rose Valley
Reservoir and takes up a portion of Rose Valley Regional Park.
“Rose Valley Reservoir is the drinking water source for almost half
of our community and having land use control around the reservoir
transferred to another jurisdiction beyond our control is not
acceptable,” said Findlater.
Westbank First Nation stated both they and the B.C. Ministry of
Transportation have been working closely to come to a resolution
that satisfies the contractual obligation of the provincial
government regarding the land exchange.
“Westbank First Nation recognized and accommodated the needs of the
greater community when providing the land used for the Highway 97
corridor, and acted in good faith with the province regarding the
conditions for use of WFN lands,” said a WFN news release.
“WFN is committed, like any local government, to managing their
“WFN places a high value on the environment and the protection of
watersheds, and is committed to working with neighboring governments
within established protocols,” it reads.
The Regional District of Central Okanagan, however, has confirmed it
is against the exchange.
“The regional board is unanimous in opposition to a Crown land
application that has been discussed in camera over the past two
years,” the RDCO stated in a press release.
“The board resolution does not support a proposed application from
the Ministry of Transportation and Infrastructure relating to a
portion of Rose Valley Regional Park and the adjacent Rose Valley
The regional board said it is concerned that, if the land exchange
occurs, a precedent will be set where the ministry can impact other
legal tenure agreements with other local governments or agencies in
other areas of the province.
wpaterson "at" kelownacapnews.com
FOI laws need fixing
Vernon Morning Star - January 15, 2011
While some segments of society will always be distrustful of
government, more and more we’re hearing about bureaucracy being used
to frustrate citizens and media.
A recent study shows Canada places last among five of its peers —
Britain, Ireland, Australia and New Zealand.
The British researchers concluded that Canada’s system has become
antiquated and no longer serves as a model for others to follow.
That’s not surprising as the world is a much different place than
when Canada established its Freedom Of Information system almost 30
years ago. What isn’t clear from this study is how many other
countries have also overtaken Canada in easing access to government
Freedom of information is vital because it is intrinsically linked
to the right to free speech. Canada and B.C. must do a better job of
using new technologies to make it easier for citizens to readily
gather information about the inner workings of our governments.
With profound change happening among provincial leadership and with
Canadians looking at a trip to the polls sooner than later, the
electorate deserves to know how candidates will improve current FOI
If current governments – or those waiting for a chance to be elected
– want to keep their parties viable, they’ll need to change the way
they embrace transparency.
Canadians demand open and accessible government. It’s time for both
the provincial and federal governments to take freedom of
— Black Press
Freedom of Information Request Statistics
These statistics are compiled from the Province of BC’s Corporate Request
Tracking System (CRTS). The reports provide summaries of access requests by
ministry, type of applicant, request disposition or processing times. For
details on criteria used within the report, click here.
OIPC - It's About Time: Report Card on the Timeliness of
Government Access to Information Responses
Office of the Information & Privacy Commissioner for BC Orders, Investigations &
You had a chance to share your views about the
Protection of Privacy
as there was a
Committee to review the Freedom of
Information and Protection of Privacy Act and who were accepting online
Online submissions were accepted
until Feb. 28,
Make an online submission
click for larger newspaper article
Public Consultations Background
Background: Parliamentary Review of FIPPA
Section 80 of the Freedom of Information and Protection of Privacy
Act (FIPPA) requires that the Act be reviewed by a special committee
of the Legislative Assembly every six years, with the first six-year
period to begin on October 4, 1997.
The first review was undertaken by an all-party Special Committee
between 1997 and 1999. The Committee heard from
84 presenters at nine public hearings
136 written submissions.
Its Report recommended 18 legislative amendments and was
adopted by the House on July 15, 1999.
The second review was undertaken by an all-party Special Committee
between 2003 and 2004. This Committee heard from
22 presenters at public hearings in
Vancouver and Victoria and received
53 written submissions.
Its Report was adopted by the House on May 19, 2004, and 16 of
the Committee’s 28 recommendations remain to be implemented by
policy or legislation.
Can you believe that is all the written
submissions they received? There may have been 62 less
presenters the second time around due to only holding public
hearings at two locations instead of 9 locations like at the first
public hearing, although there were less written submissions the
second time around as well.
You should see some of the
comments people made about the Freedumb of
Canadian Taxpayers Federation Submission
The CTF recommends any organization receiving tax dollars be subject to the
FOIPP Act with regard to how those dollars are spent.
D. Babcock said, "As a taxpayer it is our money and we have right and an
interest to know what our elected representatives did with our money. They
are working for us not the other way around!
C.M. Belanger said, "The current government has made freedom of information
impossible for real people! Charging huge amounts and imposing their
ridiculously long wait time (an added and deliberate obstacle). When the request
finally is committed the information is mostly BLACKED OUT!"
D. Schreck said, "Changes to the Act are important, but no changes can replace
the need for a commitment throughout government to an attitude that the public
has a right to know what is going on in government."
B. Skakun said, "This Privacy Act is in my opinion designed to protect
governments at all levels putting the onus on the applicant to fight government
for information that is" Clearly in the Public Interest"
okanaganlakebc.ca's sentiments exactly!
By reading every submission, okanaganlakebc.ca has come to the conclusion that
people want access to information about BC Ferries, BC Rail, ICBC, Native Bands,
but are having a hard time getting information, plus they don't like the long
waits sometimes a year or more for the information.
This FOIPOP chart showing who all made foi requests was in the submission made
by Mark Weiler to the Legislative Assembly of BC Special Committee to Review the
Freedom of Information and Protection of Privacy Act
the Legislative Committee's website.
BC: Return to the Principles of Transparency and Accountability
VANCOUVER:The Canadian Taxpayers Federation (CTF) released a
new report today recommending that the Committee to Review the
Freedom of Information and Privacy Act (FOIPPA) adopt the
principles espoused in 1998 by then opposition leader Gordon
Campbell and commit to open and transparent government.
"While in opposition, our premier said: ‘governments should
facilitate access, not obstruct it,’” said Maureen Bader, BC
Director of the CTF. "Governments are spending taxpayers’ money,
so it’s only right that taxpayers should have access to the
information government holds."
The CTF forwarded two recommendations to the committee, designed
to make government more accountable to taxpayers. The first
recommendation is that all information in the public interest
must be routinely disclosed.
"It's time government follow its own past recommendations and
move to a system of proactive disclosure to ensure government
transparency," said Bader. "If openness is the default, there
would be no need for government to waste money trying to block
access to information.”
The second CTF recommendation is to make any organization
receiving tax dollars subject to disclosure under the Act. This
stems from problems with accountability resulting from the
government's removal of public organizations, such as B.C.
Ferries, from the Act, and a greater use of private sector firms
to deliver government services.
"As we saw in the case of B.C. Ferries, when an organization is
removed from the FOIPPA, the government no longer minds the
store and if citizens are unable to investigate, their
hard-earned tax dollars could be wasted," said Bader.
"Competition from the private sector in the provision of
government services is a welcomed development, however to ensure
that taxpayers get the best bang for their buck, the way those
tax dollars are spent must be transparent."
By: Maureen Bader
Posted: February 17, 2010
For the full submission
If the Regional District of Central Okanagan does not want to release a Freedom
of Information Act request, the Office of the Information and Privacy
Commissioner cannot do a thing about it but follow the Freedom of Information Act
If the Regional District wants to delay releasing the information for 60
(business) days they are permitted to publish the information on the web and by doing so
is also refusing to release the information until they are good and ready.
If there is a 30 day quashing period for a bylaw you need
information to quash, then you are totally out of luck.
if the Regional District does not publish the
information within the 60 days they have another 30 (business) days.
If you are wondering where the business part of the 30 days comes in, just look
at the definition of day in the Freedom of Information Act.
If you wish to share your views about the Freedom of
Information and Protection of Privacy Act, there is a
Special Committee to review the Freedom of Information and Protection of Privacy
Act who are accepting online submissions.
Online submissions will be accepted until Feb. 28, 2010.
Make an online submission
click for larger newspaper article
VICTORIA/CKNW(AM980) - by Sean Leslie - 9/4/2010
Media organizations like CKNW received some illuminating information
on the Harmonized Sales Tax through a Freedom of Information request
this week, but other groups got nothing back even though they filed
similar requests. Now, they say there's a better and cheaper way to
The concept is called Routine Disclosure; rather than make people
and groups file expensive and time consuming Freedom of Information
requests, simply post as much information online as possible.
New Democrat MLA Doug Routley: "Restore faith in democracy to the
people of the Province, but it would also save an enormous amount of
Vincent Gogolek with the Freedom of Information Association agrees,
"That should be the default. That should be what normally happens.
We've got information? Let's just put it up."
Both the Association and NDP have filed official complaints after
their FOI requests on the HST came up empty.
The NDP is wondering why it got nothing
back from the Government on a Freedom of Information request on the
Harmonized Sales Tax, while CKNW and other media outlets received
more than 130 pages of information this week.
MLA Doug Routley says the Finance Ministry said it had no records in
response to the opposition request, "And the fact that we came back
with a no-records response shows that again this Government is
exercising misleading tactics that are meant to hide their
responsibility for having originally mislead the people about the
Routley is asking the Information and Privacy Commissioner to
investigate. The Commissioner is already probing a similar complaint
from the BC Freedom of Information Association.
We never got what we asked for about some subjects either ... especially about
Valley of the Sun water system .... hmmmm!
Every delegation request denied. Did not receive FOI requested.
Read more about it
NORD waives information fee
Vernon Morning Star - By Richard Rolke - November
The North Okanagan Regional District will eat the cost of a $36
Freedom of Information request.
The board is waiving the fee the Concerned Citizens of Grindrod was
billed when it asked regional district staff for 25 pages of
documents dealing with a proposed animal waste composting facility.
“It’s all about the principle of Freedom of Information,” said
director Patrick Nicol.
“They should get that information. They are just looking for the
information and we should get it to them.”
However, director Wayne Lippert questioned why a group that had
1,130 people sign a petition opposing the facility couldn’t come up
“With the number of people involved, why are they asking for it to
be waived? It (36) is not a big number,” he said.
In a letter to the regional district, Concerned Citizens of Grindrod
cite limited financial resources as the reason for wanting the fee
“Our funds to date have been donated by citizens and if the proposal
is passed, we will attempt to raise money for legal action,” states
“Due to our non-existent funds, we would appreciate it if you would
consider excusing your fees to assist us in our endeavours.”
Director Mike Macnabb disagreed with questioning the organization’s
ability to pay.
“It’s not up to the board to decide if a group is bona fide or not.
It’s up to us to decide whether we waive the fee or not,” he said.
“And for $36, I think we can afford it.”
The Freedom of Information Act indicates fees can be waived when the
applicant cannot afford the payment or the record relates a matter
of public interest, including the environment, public health or
The actual bill for the Concerned Citizens of Grindrod FOI request
was $36.25 — $30 for preparing and producing reports for disclosure
and $6.25 for copying the records. The act requires that the first
three hours be provided at no cost.
|Information that will be published or released within 60
20 (1) The head of a public body may refuse to disclose to an
(a) that is available for purchase by the public, or
(b) that, within 60 days after the applicant's request is
received, is to be published or released to the public.
(2) The head of a public body must notify an applicant of the
publication or release of information that the head has refused
to disclose under subsection (1) (b).
(3) If the information is not published or released within 60
days after the applicant's request is received, the head of the
public body must reconsider the request as if it were
request received on the last day of that period,
but the information must not be refused under subsection (1)
|Freedom of Information Act (This Act is Current to May
[RSBC 1996] CHAPTER 165
Protection of public body from legal suit
action lies and no proceeding may be brought against the government,
a public body, the head of a public body, an elected official of a
public body or any person acting on behalf of or under the direction
of the head of a public body for damages resulting from
disclosure, or failure to disclose, in good faith of all or part of
a record under this Act or any consequences of that disclosure or
failure to disclose, or
(b) the failure to give any notice required under this Act if
reasonable care is taken to give the required notice.
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