REQUEST FOR DECISION
DATE: April 19, 2022 Report No. ADM-22-011
TO: Laurie Hurst, Chief Administrative Officer
FROM: Deb Hopkins, Manager of Corporate Services
SUBJECT:
Title
Council Policy ADMIN-78: Requests for Access to Records - Development Services
End
RECOMMENDATION:
Recommendation
That Council approve Council Policy ADMIN-78: Requests for Access to Records - Development Services, as attached to Staff Report No. ADM-22-011.
Body
RELEVANT POLICY:
Freedom of Information Bylaw, 2012, No. 2975
Freedom of Information and Protection of Privacy Act
Local Government Act
Community Charter
Copyright Act
STRATEGIC RELEVANCE:
Excellence in Public Service: Engage, respect and respond to the needs of our community.
BACKGROUND:
The Township received feedback from both the development community and property owners that the process required to access more routine records that may be in the custody and control of the municipality was administratively cumbersome and resulting in uncertainty for building and development throughout the community from projects ranging from minor residential renovations to largescale development proposals. The community indicated that the Township’s process was significantly different from that of our counterparts across the Capital Regional District.
Under the Freedom of Information and Protection of Privacy Act, staff must balance the right of access to records with additional legislative requirements such as protection of privacy and copyright. The challenge with releasing items such as building plans and land surveys is that these documents are subject to the federal Copyright Act. Copies of copyrighted material may only be released subject to legislated requirements as authorized by the Freedom of Information and Protection of Privacy Act. Previously the Township required a formal request for access to records (FOI request) adding layers of administration and additional costs for both the applicant and staff to respond to these requests.
In response to the concerns raised, staff consulted with neighbouring municipalities to understand their processes and to consider changes that could be effectively implemented in Esquimalt that would also ensure continued compliance with applicable legislation. As a result, staff developed a Policy that includes revised procedures (Appendix A and B) to respond to these concerns and better meet the needs of the broader community.
ISSUES:
1. Rationale for Selected Option
Under the Freedom of Information and Protection of Privacy Act, the responsibility for FOI is delegated by Council. Council is able to delegate this responsibility to a single individual or group of individuals. Under “Freedom of Information Bylaw, 2012, No. 2975”, Council appointed the Corporate Officer as the FOI Head. The Head may not further delegate these responsibilities, however Council may authorize additional delegation of authority as required.
Staff are proposing that responsibility to respond to more routine requests as described in Council Policy ADMIN-78, as attached to Staff Report No. ADM-22-011 be delegated to the Director of Development Services to enhance customer service by establishing a more streamlined process for members of the public to access these records and empower staff to more efficiently respond to the requests outlined in the Policy. Formal requests will continue to follow the legislated process and will be administered by the FOI Head to ensure that the Township meets its legal obligations.
The Head will retain procedural oversight to maintain the Township’s continued compliance with applicable legislation.
2. Organizational Implications
Under the Freedom of Information and Protection of Privacy Act, the Township has a duty to assist all applicants requesting access to municipal records, unless those records are exempted from disclosure, regardless of the number of requests received. Staff are legislatively required to respond to these access records within the prescribed 30-day timeline. The number of requests continue to increase year over year resulting in operational impacts to core work and strategic initiatives.
3. Financial Implications
There are no financial implications associated with this Request for Decision.
4. Sustainability & Environmental Implications
There are no sustainability and environmental implications.
5. Communication & Engagement
Staff will be informed of the new process to ensure continued excellent customer service and information will be updated on our website to advise interested members of the public how they may obtain access to these types of records held by the Township. The new procedures will also be shared with members of the Urban Development Institute (UDI).
ALTERNATIVES:
1. That Council approve Council Policy ADMIN-78: Requests for Access to Records - Development Services, as attached to Staff Report No. ADM-22-011.
2. That Council amend and approve Council Policy ADMIN-78: Requests for Access to Records - Development Services, as attached to Staff Report N. ADM-22-011.