Delta council has given preliminary approval for a for a Freedom of Information and Protection of Privacy bylaw.
The bylaw appoints a “Head” as well as staff who are permitted to process applications for information in accordance with the provincial Freedom of Information and Protection of Privacy Act, as well as introduces a non-refundable application fee for non-personal information requests.
The fee would be $10.
A staff report notes that most city records are available without submitting a request, which are considered “routinely releasable records.”
However, records which are not routinely releasable must be processed in accordance with the provincial act. A Freedom of Information (FOI) request is the formal process for the public to gain access to general records in whole or in part, as well as to access one’s own personal records.
Records are reviewed and all personal information is redacted in accordance with the act, which allows a city 30 business days to complete a request, but most requests are completed sooner.
The report also notes that to respond within the mandated timelines, a regular full-time position was added to the Office of the City Clerk in 2015, to assist in processing FOI requests. To date, the applications have been manageable, however, as the number of requests increase, additional staff may be required.
The report notes that in 2019, there were 73 FOI requests involving 4,116 pages. The number of request has steadily grown each year and in 2023, there were 163 requests involving 5,486 pages.
In 2021, there were 95 requests, but they involved 50,000 pages.
At the current rate of applicants submitting requests, the city clerk’s office estimates to have nearly 200 new requests by the end of 2024, an approximate 90 per cent increase from 2022, the report adds.
Many requests require significant staff resources to process, with typically three-to-five hours work on each application, and an application fee will ensure requests for information are in keeping with the intent of the act, according to the report.
The report also notes other public bodies of similar population size and development growth have implemented an FOI application fee, including the City of Chilliwack, City of Port Alberni, City of White Rock, Comox Valley Regional District and Resort Municipality of Whistler.
