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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
January 12, 2004 | |
Author: |
Paul Hancock | |
Phone No.: |
873-7999 | |
RTS No.: |
03816 | |
CC File No.: |
1174/113 | |
Meeting Date: |
January 27, 2004 |
TO: |
Vancouver City Council |
FROM: |
City Clerk |
SUBJECT: |
Amendments to Freedom of Information and Protection of Privacy By-law No. 7364 |
RECOMMENDATION
A. THAT Council approve amendments to the Freedom of Information and Protection of Privacy By-law No. 7364, as shown in Appendix A.
B. THAT Council instruct the Director of Legal Services to bring forward the appropriate by-law amendments.
CITY MANAGER'S COMMENTS
The City Manager RECOMMENDS approval of the above.
COUNCIL POLICY
There is no applicable Council Policy.
PURPOSE
The purpose of this report is to recommend changes to the Freedom of Information and Protection of Privacy By-law No. 7364 to reflect amendments to the Freedom of Information and Protection of Privacy Act.
BACKGROUND
Since 1994, the City has been subject to the British Columbia Freedom of Information and Protection of Privacy Act (the "FOI Act"). The purpose of this Act is to make public bodies more accountable by giving the public a right of access to records, and to protect personal privacy by regulating the way that public bodies collect, use and disclose personal information.
In December 1994, the City enacted the Freedom of Information and Protection of Privacy By-law No. 7364 (the "FOI By-law"). As required by the FOI Act, the FOI By-law designates a "Head", which has overall responsibility for the City's compliance with the FOI Act (the City's Head is a committee composed of the City Manager, City Clerk and Director of Legal Services). Under the FOI By-law, many of the Head's powers are exercised on a day-to-day basis by a "Co-ordinator" (the City Clerk). The FOI By-law also establishes a fee schedule for responses to freedom of information requests.
DISCUSSION
Since 1994 there have been a number of amendments to the FOI Act, which have not been incorporated into the FOI By-law. The attached by-law brings the FOI By-law up to date, and also corrects some minor omissions and errors in the original by-law.
CONCLUSION
The proposed amendments in Appendix A ensure consistency between the Freedom of Information and Protection of Privacy By-law and the Freedom of Information and Protection of Privacy Act.
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APPENDIX A
Proposed Amendments to the
Freedom of Information and Protection of Privacy By-law No. 7364
THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:
1. This By-law amends or replaces the indicated provisions of the Freedom of Information and Protection of Privacy By-law.
2. In section 2, Council:
(a) from the definition of "Co-ordinator", strikes out "and"; and
(b) after the definition of "Co-ordinator", inserts:
` "day" does not include a holiday or a Saturday, and'.
3. In section 5.1, Council:
(a) repeals subsection (2), and substitutes:
"(2) The duty to respond to a request after a decision has been made regarding whether or not the applicant is entitled to access to the record or to part of the record; [section 8(1) of the Act]";
(b) from subsection (3)(a), strikes out "disclosure", and substitutes "information"; and
(c) in subsection (4), pluralizes "operation".
4. In section 5.2, Council:
(a) repeals subsections (1) and (2), and substitutes:
"(1) The power to extend the time for responding to a request for up to 30 days or, with the permission of the Information and Privacy Commissioner, for a longer period if:
(a) the applicant does not give enough detail to enable the City of Vancouver 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 City of Vancouver, or
(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;" and
(b) re-numbers subsection (3) as subsection (2).
5. Council repeals section 5.12(1), and substitutes:
"(1) The power to refuse to disclose to an applicant information that is available for purchase by the public or that, within 60 days after the applicant's request is received, is to be published or released to the public;".
6. In section 5.13, Council:
(a) to subsection (1)(a)(ii), before "a third party", inserts "or about";
(b) from subsection (1)(c)(ii), strikes out "City's", and substitutes "public"; and
(c) from subsection (2), strikes out "collected", and substitutes "obtained".
7. After section 5.14, Council inserts:
"5.14A Disclosure of information relating to abortion services [section 22.1 of the Act]
The duty to refuse to disclose to an applicant information that relates to the provision of abortion services, being lawful medical services for the termination of a pregnancy, except that this duty does not apply to:
(a) information about abortion services that were received by the applicant;
(b) statistical information, including financial information, relating to the total number of abortion services provided throughout British Columbia or a region that is designated under section 4(1)(b) of the Health Authorities Act if more than one health care body provides abortion services in that region; or
(c) information about a public body's policies on the provision of abortion services;".
8. After section 5.15, Council inserts:
"5.15A Correction of personal information [section 29 of the Act]
(1) Where an applicant believes there is an error or omission in his or her personal information in the custody or control of the City of Vancouver, the duty to consider a request by the applicant to correct this information;
(2) If no correction is made in response to a request under section 29(1) of the Act, the duty to annotate the information with the correction that was requested but not made;
(3) On correcting or annotating personal information, the duty to notify any other public body or third party referred to in section 29(3) of the Act;
(4) On being notified under section 29(3) of the Act of a correction or annotation of personal information, the duty to make the correction or annotation on any record in the custody or under the control of the City of Vancouver;".
9. In section 5.16, Council:
(a) from the heading, strikes out "section 30 of the Act", and substitutes "sections 30 and 79 of the Act and general duty to protect information";
(b) to subsection (1), after "information", inserts "in the custody or under the control of the City of Vancouver"; and
(c) repeals subsection (2), and substitutes:
"The duty to refuse to disclose information to an applicant if the disclosure is prohibited or restricted by or under another statute unless the Act, as required by section 79 thereof, prevails."
10. Council repeals section 5.17 except for the heading, and substitutes:
"Subject to section 36 of the Act, the power to disclose personal information or cause personal information in its custody or under its control to be disclosed for archival or historical purposes;".
11. Council repeals section 5.18 except for the heading, and substitutes:
"Not later than 30 days after being given a copy of an order of the Information and Privacy Commissioner, the duty to comply with the order unless an application for judicial review of the order is brought before that period ends, and the duty to comply with a court order."
12. After section 5.18, Council inserts:
"5.18A Personal Information Directory [section 69 of the Act]
The duty to make available for inspection and copying by the public a directory that lists the City of Vancouver's personal information banks and includes the information required under section 69(6) of the Act."
13. Council repeals section 5.19(2), and substitutes:
"(2) If an applicant is required to pay fees for services under subsection (1):
(a) the duty to give the applicant an estimate of the total fee before providing the service; and
(b) the power to require the applicant to pay a deposit in the amount set by the Co-ordinator;".
14. From section 6, Council strikes out "to the Co-ordinator".
15. From section 1(a) of Schedule A, Council strikes out "a", and substitutes "and".
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