ADMINISTRATIVE REPORT

                                           Date:  November 21, 1995


   TO:       Vancouver City Council

   FROM:     City Clerk

   SUBJECT:  Freedom of Information and Protection of Privacy Act:
             Status Report and Staffing Requirements


   RECOMMENDATION

        A.   THAT the position of Information and Privacy Officer be made a
             permanent  position,  subject  to  Classification  and  Salary
             review.

        B.   THAT  the  annual recurring  costs  associated  with this  new
             position be added  to the City Clerk's Office Operating Budget
             commencing in 1996 without offsets.

   CITY MANAGER'S COMMENTS

        The City Manager RECOMMENDS approval of A and B, noting that should
        the position be  filled from  within the City  Clerk's Office,  the
        vacancy thereby created will be filled on a temporary basis pending
        the  outcome   of  the   City  Clerk's  customer   service  process
        improvement project.

   COUNCIL POLICY

   On February 4,  1992, Council  resolved that departments  and boards  be
   instructed  that any  recommendations  for increased  staff or  enhanced
   programs be  accompanied by recommendations for  matching cost decreases
   or  related revenue  increases  in non-tax  revenue  subject to  Council
   discretion.

   On  December 13,  1994, Council  passed the  Freedom of  Information and
   Protection of Privacy By-law No.7364, which delegated the administrative
   responsibilities  for   managing  applications  under   the  Freedom  of
   Information and Protection of Privacy Act (the Act) to the City Clerk.  

   On  July 13, 1995, the discretionary authorities  and the duty to act as
   the  Head of the  City, for the  purposes of the Act,  were delegated by
   City Council to a staff team of the City Manager, the City Clerk and the
   Corporation Counsel.

   On July  25, 1995, City Council  requested a report back  on the overall
   costs which have been incurred by the City as a result of the Act.
   BACKGROUND

   On  November 3,  1994,  the Freedom  of  Information and  Protection  of
   Privacy Act was extended to Tier II "local public bodies", including the
   City of Vancouver.

   Since that time, the City has  received more than 80 formal applications
   under  the Act  and  many more  informal  information requests.    Staff
   training   on  the   Act's  requirements,   and  policy   and  procedure
   development, has also gone forward.

   The responsibilities for  the City's  compliance with the  Act has  been
   delegated on  a temporary basis to  a member of the  City Clerk's staff,
   who also  acts as the City's  contact with the Office  of the Ombudsman,

   responding  to  citizen  complaints  and  information  requests  of  the
   Ombudsman,  and  carries  forward  some  of  the  City Clerk's  Office's
   responsibilities regarding Council Committees.

   PURPOSE

   This report  provides Council with information on  the City's experience
   under  the  Act  to  date  and  recommends  that  a  staff  position  of
   Information and Privacy Officer be created in the City Clerk's Office in
   order to carry  out the  work associated with  the ongoing  applications
   under   the  Act   the   City  continues   to  receive,   including  the
   responsibilities  for responding to appeals of the City's decisions, and
   to act as  the City's contact  with the Office of  the Ombudsman.   Some
   associated  elements  of  this  work will  include  the  development  of
   corporate  policies  and  procedures  regarding  information  access and
   protection  of   personal  privacy;  corporate-wide  fee   and  research
   schedules and ongoing staff training.

   DISCUSSION

   The corporate  duties imposed on the  City by the Act  are considerable.
   Currently, they are the responsibility  of one staff member of the  City
   Clerk's Office  who has been assigned the  role of Acting Coordinator of
   Information and Privacy.

   The Act requires  that the City respond to applications  within a strict
   time frame,  assist applicants  in meeting  their information  needs and
   also safeguard the public's and the City's rights by withholding records
   that legitimately meet the exceptions to disclosure afforded by the Act.
   The Acting Coordinator must also respond to the Provincial Office of the
   Information  and  Privacy Commissioner  with  regard to  any  appeals by
   applicants and carry forward the City's position and arguments to formal
   hearings  before the  Provincial Information  and  Privacy Commissioner.
   Staff  from  the Law  Department,  in a  limited  capacity, are  able to
   provide  some assistance in the area of preparation for formal hearings,
   and with policy and procedure development.

   In addition to managing the application process, the  Acting Coordinator
   is  developing   corporate  policies  and  procedures   with  regard  to
   information access and the protection of privacy; is developing research
   and  fee schedules;  is assisting  with the  delivery of  staff training
   seminars  on the  Act; and  will manage  ongoing training  for  all City
   departments;  and   is  developing  City  forms   that  ensure  personal
   information collected is in accord with the Act.  The Acting Coordinator
   is  responsible for complying with other administrative responsibilities
   of  the Act, including providing the Province with reports on the City's
   response to the  Act and maintaining and  delivering a Directory  of the
   City's personal information banks.

   On June  15,  1995,  the  authority of  the  Office  of  the  Provincial
   Ombudsman was extended to cover municipalities.  It has been the  City's
   experience  to date that applicants under the Freedom of Information and
   Privacy  Act sometimes  combine their  applications with appeals  to the
   Office  of  the  Ombudsman.    It has  been  practical  to  combine  the
   responsibilities of the Acting  Information and Privacy Coordinator with
   the duties of  the City's Ombudsman's contact.  This  gives the City the
   ability to provide effective responses to both the Office of the Privacy
   Commissioner and to the Office of the Ombudsman, not only for responding
   to  specific issues,  but also  in developing  guidelines and  complaint
   management systems with the Ombudsman's Office.

   It  is clear  that the  duties and  workload imposed  by the  Freedom of
   Information and  Privacy Act  require the  establishment of  a permanent
   position  of Information  and Privacy  Officer for  the City.    If this
   position  is filled  from within  the City  Clerk's Office,  the vacancy
   thereby created will be filled on a temporary  basis pending the outcome

   of the City Clerk's customer service process improvement project.

   COSTS ASSOCIATED WITH THE ACT

   For  the  purposes  of  the  Act,  the City  of  Vancouver  is  actually
   considered four  separate  public bodies:  The  City of  Vancouver,  the
   Vancouver  Police Board,  the  Board of  Parks  and Recreation  and  the
   Vancouver Library Board.
   The  Board of Parks and Recreation and  the Vancouver Library Board have
   delegated senior staff to act as Information and Privacy Coordinators in
   addition  to  their  regular duties.    Upon  receipt  of a  problematic
   application, staff in these two public bodies have been able  to consult
   with the City's Acting  Coordinator.  These public bodies  have received
   few  formal requests  and, apart  from staff  training costs  which were
   handled  on a corporate-wide basis  with the assistance  of a consultant
   specializing in the training requirements of the Act, the costs incurred
   by the Library Board and Park Board have been negligible.

   On  July  25,  1995, Council  approved  a  three-person Information  and
   Privacy  Unit for  the  Vancouver Police  Department, at  an approximate
   annual staff  cost of $160,000.   There  have also been  some additional
   costs in  staff  time for  the  retrieval  of requested  records.    The
   Information and Privacy Unit is responsible for complying with all parts
   of  the Act on behalf of the Police  Department, and manages a very high
   number of formal  applications, estimated to reach  300 for 1995.   Cost
   recovery for these applications has been negligible.

   The  City of  Vancouver will  receive an  estimated 100  applications in
   1995.  Staff costs are approximately $45,000.  There have also been some
   additional staff costs in departments other than the City Clerk's Office
   for  the  retrieval  of  requested  records.    Cost  recovery  for  the
   applications  to  date is  approximately $2,000.    The City  retained a
   consultant  to assist with  the training requirements  of the  Act.  The
   costs of this program were approximately $8,000.

   Other Lower  Mainland municipalities  must also  cope with  the staffing
   requirements  imposed by  the  Act.   Most  have  not  received as  many
   applications as Vancouver  and have  been able  to combine  the role  of
   Coordinator  with   an  existing   staff  position.     As  well,   many
   municipalities are not pursuing the records management and policy issues
   raised  by  the  Act.    The  City  of  Surrey,  however,  has  received
   approximately the same number of applications as Vancouver and has found
   it necessary to have  both a Coordinator and a  Coordinator's assistant,
   so  that staff are  able to respond  to the  applications received while
   retaining some of their existing responsibilities.

   FEES

   The  Act  does  not allow  full  cost  recovery  for  the processing  of
   applications.  Fees  are not to be a barrier to access.  The first three
   hours of time  spent on any application must be provided free.  The City
   may  then charge  for  staff  time  to  locate,  retrieve,  produce  and
   photocopy the records, and $0.25 per page for photocopies.
   There are  significant costs that are not recoverable.  The City may not
   charge  for providing an applicant's personal information.  The City may
   not charge  for the line by line review of the records which is required
   to  determine  if  they  contain  third-party  business  information  or
   personal information that  might need  to be severed  from the  records.
   Where  staff   find  that   third-party  business  information   may  be
   releasable, it is then necessary to provide  the third parties copies of
   this material and seek  their representations as to whether  its release
   might  cause  harm  to   the  third-party.    Neither  the   third-party
   notification  procedure or  severing  of personal  or business  interest
   information from the record is chargeable to the applicant.  Nor can the
   City charge for  the costs of any internal consultations.   The City may
   not  charge for copies  of the records that  are produced for processing

   the application, only for copies that are released to the applicant.

   STATUS OF THE APPLICATIONS

   The attached status report  dated November 1, 1995 (Appendix A)*  is the
   first  of  quarterly  reports  requested   by  Council  on  the   formal
   applications received by the City.

   A  copy  of  this   report  has  been  provided  to  VMREU/CUPE  15  for
   information.

                                     * * *


   * Limited Distribution (on file in City Clerk's Office)       APPENDIX A

              FOI APPLICATIONS - Status as of November 21,  1995


   1994

   1170-1***      C.A.I.R. (staff member) for Human Resource records, etc.,
                  - response completed - review requested by applicant.  In
                  response  to the  Office of  the Information  and Privacy
                  Commissioner's (OPC) review, the applicant  is provided a
                  cost estimate for two records.  Applicant requests second
                  review from the OPC.  Reviews complete.

   1170-2         U-TV  News for S.E. False Creek  Soils reports - response
                  completed.

   1170-3***      NDP  for  Fraserlands,   et  al   -  response   completed
                  ($1,714.94)  - review  of  four fee  issues requested  by
                  applicant.  OPC upholds City's  process, but  orders that
                  the fees be revised  ($1,022.75) and the City respond  to
                  the applicant's enquiry regarding a calendar of meetings.
                  Transcript  of  calendar  provided, personal  information
                  severed.   Written  Hearing  held  June  28,  1995,  with
                  rebuttals exchanged July  6, 1995,  regarding refusal  of
                  the  fee waiver and quality  of the City's fee estimates.
                  On September 21, 1995, the Privacy Commissioner issues an
                  order  upholding  the  City's  fees.    Payment  received
                  November 1, 1995.

   1170-3.1       NDP  for  City Clerk's  Office  file  regarding 1170-3  -
                  response  completed (Liberal  Party  also  requested  and
                  received this record).

   1170-4***      Professor at UNBC for transportation planning information
                  -  response completed  -  review requested  by applicant.
                  Additional  material  provided  to  applicant   and  also
                  forwarded  to   the  OPC.    Second   set  of  additional
                  information provided.  Engineering staff to discuss topic
                  with applicant and the applicant has been provided a cost
                  estimate  for building line  setback information.  Review
                  complete.

   1170-5         Vancouver Sun for health records of two care facilities -
                  response completed.- 2 -


   1170-6***      BCNU  for health  records of  a care facility  - response
                  prepared,  applicant  requests  a review  of  City's  and
                  Ministry of Health's decisions.   Copy of complete record
                  and  index  forwarded  to  the OPC  for  review  process.
                  Review completed.

   1170-7         Individual  and Advocate  for  personal health  records -
                  handled at staff level - completed.


   1995

   1171-1         Individual for noise complaint file - response completed.

   1171-2         Individual  for  quality  assurance   report  of  a  care
                  facility - response completed.

   1171-3         Individual  for  relative's  health  records  -  response
                  completed.

   1171-4         Tenants  organization for  Nelson  Park Site  (In Camera)
                  records - response completed.

   1171-5         Staff  member  for his  personnel  records  - application
                  transferred to VPB.

   1171-6**       C.A.I.R. #2  (staff member) for Human  Resources records,
                  etc.,  -  response  completed  -  applicant  requests fee
                  waivers and an OPC  review of the City's response.   City
                  denies fee waivers.

   1171-7         Westender  Newspaper   for  Real   Estate  file  on   the
                  Fraserlands project - response completed. 

   1171-8         Individual for  property use (secondary  suite) complaint
                  file  -  response  completed,  personal   identifiers  of
                  complainant severed under S. 22.

   1171-9         NDP  for 1993  contracts -  response completed  - Payment
                  $5.03 received.

   1171-10        Liberal  Party for  NDP's  Fraserlands et  al -  response
                  completed  parallel with 1170-3 ($1,079.24). Fees revised
                  to $583.50.  Payment received August 8, 1995.
                                     - 3 -


   1171-11        Consulting company for NDP's Fraserlands et al - response
                  completed parallel with 1170-3.

   1171-12        Liberal  Party  for   additional  Fraserlands  records  -
                  response  completed  ($76.28).  Fees  revised  to $19.25.
                  Payment received August 8, 1995.

   1171-13        NDP  for  financial  information  on  Library   Square  -
                  response completed:  annual report  provided, as  per the
                  terms of a focused application.

   1171-14***     NDP for  Mayor's Office tel/fax/cell records  - Review of
                  time extension requested by applicant. OPC finds the time
                  extension  is warranted. Report to the head May 4, 1995 -
                  access to destination telephone numbers denied. Applicant
                  requests  a review of the City's  decision. Report to the
                  head   July  13,   1995   for  reconsideration   of   the
                  application.  Application  again denied.  Written Hearing
                  held July  28, 1995, rebuttals exchanged  August 4, 1995.
                  Privacy Commissioner upholds City's decision  on November
                  21, 1995.

   1171-15.1      Individual   for  copies  of   a  property's  blueprints,
                  response completed -  copies denied under  S. 19.   Third
                  party also opposed to release of plans.

   1171-15.2      Individual for copies of same property's Fire  Inspection
                  Reports - routed as a routine request.

   1171-15.3      Individual  for  copies   of  same  property's   Property
                  Inspection Reports - routed as a routine request.

   1171-16***     NDP for 1992 and 1993 accounting records of two corporate
                  credit cards - response completed ($283.09) Review of fee
                  issues  requested  by  applicant.  OPEC  validates City's
                  process, but orders that the fees  be revised to $136.50.
                  Payment received July 31, 1995. 

   1171-17        NDP  for  1993 accounting  records  of  restaurant use  -
                  records reviewed by applicant.

   1171-18        NDP for City records  from 1989-1993 regarding a research
                  consultant  -  applicant  provided  a  fee  estimate    -
                  application abandoned.
                                     - 4 -


   1171-19***     Kitsilano  News  for  Mayor's  Office  telephone records.
                  Report  to the head May  4, 1995 -  access to destination
                  telephone  numbers denied.   Applicant  requests the  OPC
                  review  of the City's  decision. Report to  the head July
                  13,   1995  for   reconsideration  of   the  application.
                  Application again denied. Written  Hearing held July  28,
                  1995, with  rebuttals exchanged August 4,  1995.  Privacy
                  Commissioner  upholds  City's  decision  on  November 21,
                  1995.

   1171-20        Individual  for  by-law  fines  records  re  pestering  -
                  response   completed   -   summary,  but   not   personal
                  information, provided under S. 22.

   1171-21        Liberal  Party for  copies  of all  NDP applications  and
                  copies of all records released  - response for file 1171-
                  16 completed ($283.09). Fees revised to $136.50.  Payment
                  received August 8, 1995.

   1171-22        Magazine for records relating to Riots; A Review of Major
                  Events - response  completed, applicant reviewed original
                  files and was provided some copies.

   1171-23        Courier Newspaper  for NDP  and Liberal  applications and
                  fees - response completed.

   1171-24        NDP  for records related to the  City's settlement with a
                  senior  police  officer  -  response   completed,  record
                  severed under S. 14  and 22, courtesy notice sent  to the
                  third party.

   1171-25        IBEW for  records regarding  an  electrical contractor  -
                  response completed:  correspondence file provided  as per
                  the terms of a focused application.

   1171-26***     C.A.I.R.   (staff   member)   for  Engineering   staffing
                  information  - response  completed. Applicant  requests a
                  review of  the timeliness  of the  City's response.   OPC
                  review complete.

   1171-26.1**    Follow-up application received.  Some records recommended
                  to  be excepted  under S.  17. Applicant  requests review
                  from  the OPC.   Applicant  requests fee  waivers.   City
                  denies fee waivers  and severs  a portion  of the  record
                  under S. 17.       - 5 -

   1171-27        Heritage  Group for  a City  contract with  a development
                  consultant - response completed: applicant reviewed files
                  and was provided some copies.

   1171-28        Individual for copies of  the NDP applications - response
                  completed.

   1171-29        Kitsilano  News  for access  to  all  records related  to
                  contaminated  sites in  the  city  - response  completed:
                  applicant  provided a  list of  the sites  and interviews
                  staff in the Permits and Licenses Department.

   1171-30        Individual for the identity  of complainant in a property
                  use file (institutional use) - response completed, access
                  denied under S. 22.

   1171-31***     Individual  for own  property  inspection file  (building
                  permit) -  response completed - severed  copies, under S.
                  15,  19  and  22, of  complaint  correspondence provided,
                  third parties  notified.  Applicant requests  a review of
                  the  City's response.   Applicant  requests and  receives
                  copies of further correspondence.  Review completed.

   1171-32        NDP for  copies of City records  regarding Portfolio; The
                  Marketing    Collaborative     Inc.    and    Marketplace
                  Communications  - response completed - no records found.

   1171-33        Individual  for copies  of their  own health  records and
                  care facility records response completed.

   1171-34        NDP for Cityrecords regarding Atlas Travel Service Ltd. -
                   fee  estimate  provided, on  hold May  12  -    July 10.
                  Applicant accepts fee ($130.00) - payment received August
                  11, 1995 - response completed.

   1171-35        Vancouver Sun  for by-law fines  records - nature  of the
                  record discussed  with applicant  -  applicant advised of
                  fees, application abandoned.

   1171-36        Individual  for identity of complainants (renovations and
                  dog) - response completed - no records found.
                                     - 6 -


   1171-37        Individual for  their own home care  assessment records -
                  response completed, information identifying third parties
                  severed under S. 22.

   1171-38        Individual  for Environmental  Health reports  and orders
                  issued to a  property managed by the applicant - response
                  completed, personal information  not directly  supporting
                  the reports severed under S. 22.

   1171-39        Individual for copies of records regarding complaints and
                  conflict  with   a  health  care  facility   -    request
                  transferred to the Ministry of Health.

   1171-40        Heritage  group for  city  records regarding  a  heritage
                  neighbourhood  - response  completed, (In  Camera) report
                  provided.  Supplemental  information  request received  -
                  response completed.

   1171-41        Individual for  City  records regarding  the proposal  to
                  underground  the  Boundary  Road  transmission   lines  -
                  application  narrowed  to  pertinent  Council  reports  -
                  response completed.

   1171-42        Advocacy Group for information regarding special events -
                  response completed: report  provided, request referred to
                  City Engineer for further information.

   1171-43        NDP for  records of  the Property  Endowment Fund  - some
                  records  provided, applicant provided  a fee estimate for
                  remainder - application abandoned.

   1171-44        Law firm for records of  a City-owned property - response
                  completed, records withheld under S. 14.

   1171-45        Pacific  Press for  records  of 1-900  telephone calls  -
                  response completed, no records found.

   1171-46        Health Care  Facility  Manager for  copy of  a letter  of
                  complaint  - response  completed, third  party's personal
                  information severed under S. 22.

   1171-47        Individual  (former staff  member) for  Quality Assurance
                  files  of a  Health Care  Facility -  response completed,
                  some information severed under S. 14, 21 and 22.
                                     - 7 -


   1171-47.1      Further  application  for  additional records  associated
                  with the quality  assurance audits - response  completed,
                  personal information severed under S. 22.

   1171-48***     Individual for file and identity of complainant regarding
                  renovations  response   completed,  complainant  identity
                  withheld  under S. 15, 19 and 22.  Applicant requests the
                  OPC to review the City's response.  Review completed.

   1171-49***     Private  school for  various  City  records  -  Applicant
                  requests  the OPC  review the  City's 30-day  extension -
                  review and response completed.

   1171-49.1**    Second information request received, response in process;
                  third party  consultations undertaken -  partial response
                  provided,  additional  records  provided,   some  records
                  excepted under Section 14.  Applicant requests a  further
                  review.

   1171-50        Individual (staff member)  for Human Resource  Department
                  grievance records  regarding references contacted  by the
                  City - response completed.

   1171-51        Individual  for  all  City records  regarding  complaints
                  received about his property - response completed.

   1171-52        Same individual for all City records regarding complaints
                  received  about  his  neighbour's  property   -  response
                  completed.

   1171-53        Applicant to  the Board of  Variance for Board  records -
                  response completed.

   1171-54        Hospitality organization for records regarding  the Angus
                  Reid Smoking Poll - response completed.

   1171-54.1      Same organization for  comprehensive records  on the  no-
                  smoking initiative - response completed.

   1171-55        Individual  (staff member)  for two  consultants' reports
                  and recommendations - response completed.
                                     - 8 -

   1171-56        Citizen Group for records regarding a development  permit
                  for  a  casino   -  response  completed, applicant  given
                  access   to   City/developer   correspondence,   not   to
                  identities of individuals balloted on the proposal.

   1171-57        Individual (staff member) for HR and IS records regarding
                  specific   "red-circled"    positions,   and   background
                  information  on  the  "red-circling" process  -  response
                  completed.

   1171-58*       Westender Newspaper for costs and expense records of City
                  Council home  fax and  cellular telephones -  response in
                  process.

   1171-59        Individual (former staff member)  for records of Phase II
                  of  the Carnegie  Centre and  Oppenheimer Park  project -
                  response completed.

   1171-60**      Same individual for comprehensive records of the Carnegie
                  Centre  -  response  completed.    Applicant registers  a
                  complaint that  the  City improperly  shared  information
                  with another public body.

   1171-61        BCNU for correspondence file regarding  licensed graduate
                  nurses.  File severed under S. 22. - response complete.

   1171-62*       Westender Newspaper  for  usage records  of City  Council
                  home fax and cellular telephones - response in process.

   1171-63        Westender Newspaper for all records of a Council workshop
                  - response  in completed, portions of  the record severed
                  under S. 12.1, 13 and 17 (1) (c).

   1171-64        Student for  records of  the Mayor's expenses  - response
                  completed.

   1171-65        The Leader Newspaper for  Council reimbursements from the
                  UBCM Conference - response completed.

   1171-66        Individual for City records regarding complaints received
                  about his property - response completed.

   1171-67        Individual  for records  of  metered water  consumption -
                  response completed.- 9 -


   1171-68*       NDP for records of the lease of the Racetrack to the B.C.
                  Jockey Club - response in process.

   1171-69*       IBEW  for records  regarding  the certification  of alarm
                  system technicians - response in process.

   1171-70        Tenants organization for information on a payment-in-lieu
                  proposal - response completed, information withheld as it
                  will be made public within 60 days (S. 20).




   *    = in process (4)
   **   = under review/formal hearing (4)
   ***  = review/hearing completed (11).


   TOTAL: 84