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SUMMER VILLAGE OF HORSESHOE BAY
PROVINCE OF ALBERTA
BY-LAW NO. 54/99
A Bylaw of the Summer Village of Horseshoe Bay in the Province of
Alberta, to Regulate the Provision of Information and to Establish
Information.
WHEREAS, in accordance with the Municipal Government Act, S.A. 1994,
Chapter M-26.1, as amended; and the Freedom of Information and Protection of
Privacy Act, S.A. 1994, F-18.5, an Applicant has the right to access their own
personal information and other municipal records, unless there is reason why the
information should not be disclosed; and
WHEREAS, in accordance with the said Act, upon request of any person,
information in the possession of the municipality must be provided within a
reasonable time and on payment of a reasonable fee established by By-Law; and
WHEREAS, in accordance with the said Act, a written appeal may be made to
the Summer Village Council;
NOW THEREFORE, the Council of the Summer Village of Horseshoe Bay in the
Province of Alberta, duly assembled, hereby enacts as follows:
PART I: BY-LAW TITLE
1.
This By-Law shall be known as the "Access to Information" By-Law.
PART II: PURPOSE OF BY-LAW
1.
The purpose of this By-Law is to facilitate access to information in the
possession of the Summer Village and to ensure personal information
is protected from unauthorized collection, use or disclosure. Schedule
E outlines the process of requesting access to information and is
attached hereto.
2.
The Summer Village acknowledges that
a) information has value and can also be a marketable asset
managed by the Summer Village; and
b) it is the responsibility of the Summer Village, to consider provision
of information routinely requested via Active Dissemination or
Routine Disclosure
c) it is the responsibility of the Summer Village, through its employees,
to respond to persons requesting information as quickly and
conveniently as possible, unless there are clear and reasonable
grounds to withhold the information based on the Record
classification.
PART III: DEFINITIONS
Active
Dissemination:
routine disclosure of information by the municipality in bulk
quantities. Records the Summer Village provides for the
public on a regular basis.
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By-Law 54/99
Appeal:
the process available to an Applicant when information
requested is not provided or refused or rejected. See the
section on Appeals.
Applicant:
the individual making a request for information in accordance
with this By-Law.
Village
Administrator:
the Summer Village of Horseshoe Bay Village Administrator
as appointed pursuant to the Municipal Government Act.
Summer Village:
the Municipal Corporation of the Summer Village of
Horseshe Bay.
Council:
the Council of Summer Village of Horseshoe Bay
Error:
mistaken or wrong information, or information not reflecting
the truth.
Exempt
Information:
as defined in PART VII of this By-Law.
Formal
Request:
see 'requests'
Freedom of Information and Privacy
Co-ordinator:
is the Village Administrator for the purposes of the Freedom
of Information and Protection of Privacy Act (pursuant to
Section 89).
Informal
Request:
see 'requests'
Master System
Plan:
the approved Summer Village records classification manual,
outlining primaries, scope, codes, riders, retention periods,
access and final disposition.
Omission:
information in a Record which is incomplete or missing or
has been overlooked.
Record:
information
recorded
in
any
form,
including
books,
documents, maps, drawings, photographs, letters, vouchers
and papers, and any other information that is written,
photographed, recorded or stored in any manner, but does
not include software or any other mechanism that produces
records, except as this term may otherwise be denied in the
Freedom of Information and Protection of Privacy Act from
time to time.
Refusal:
an information request which is refused by the Summer
Village as a consequence of failure to meet the technical
requirements as set out in this By-Law.
Rejection:
an information request which is rejected for one of the
reasons permitted for rejection in this By-Law as determined
by the Freedom of Information and Privacy Coordinator.
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By-Law 54/99
Requests:
Formal Requests relate to information not routinely
provided. These types of requests require the completion of
a 'Request for Access to Information' form, prior to release of
the information.
Informal Requests are requests for information which the
municipality routinely discloses or provides via Active
Dissemination. Informal requests do not require the
completion of a 'Request for Access to Information' form.
Routine
Disclosure:
release of specific information on a regular basis, without the
requirement of completion of a 'Request for Access to
Information' form.
Third Party Information
Requests:
a request for information relating to a person, group of
persons, or an organization other than the Applicant of the
Summer Village. This information may directly impact,
involve, or belong to the originating party, and cannot be
released without the originating party's permission.
PART IV: RIGHT TO INFORMATION
1.
On request pursuant to Part V of this By-Law, provided the Applicant
pays the applicable fees as set out in the Fees and Charges By-Law,
each Applicant has a right to:
a)
access a Record that is in the possession of the Summer
Village
b)
view a Record in the possession of the Summer Village;
c)
request copies of a Record that is in the possession of the
Summer Village;
d)
request corrections to personal information maintained by the
Summer Village; and
e)
receive a copy of a Record maintained by the Summer Village
in a format that is reasonably available, unless the Record is
Exempt Information pursuant to this By-Law.
PART V: REQUESTS
1.
There are various types of requests regarding information and
depending on the request, there are various forms that may be
required.
a)
If the requested information may be obtained by Informal
Request, any individual may request information by telephoning,
writing or by visiting (in person), the department, office or
organization where the Record is kept, and sufficient detail must
be provided in the description to identify the Record required.
b)
If the requested information must be obtained by Formal
Request or, if the Summer Village must determine if the
requested information may be obtained by Formal Request or
Informal Request or to enable the Summer Village to provide an
estimate of the fees which will be required to obtain the Record,
an Applicant will be required to complete a 'Request to Access
to Information' form as prescribed in Schedule A.
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By-Law 54/99
c)
Any Applicant has the right to request information relating to a
person, group or organization other than the Applicant or the
Summer Village by completing a 'Request for Third Party
Information' form as prescribed in Schedule C.
d)
Any Applicant who believes there is an Error or Omission in
their own personal information held by the Summer Village, may
request a change to the personal information by completion a
'Request for Correction of Personal Information' form as
prescribed in Schedule B.
2.
All formal requests to access Records held by the Summer Village,
will be identified and tracked by the Summer Villages' Freedom of
Information and Privacy Coordinator, and will be responded to
within 30 days of receipt of the request.
3.
Any questions or concerns regarding the release or access to
information held by the Summer Village or, an agent acting on behalf
of the Summer Village, or completion of a request form, may be
directed to the Summer Village's Freedom of Information and
Privacy Coordinator.
PART VI: RESPONSE TO REQUESTS
1.
The Freedom of Information and Privacy Coordinator or Village
Council Members may be receive a request for information. That
appointed Council Member shall determine if the request is an
Informal or Formal Request as these terms are defined in this By-
Law. If the appointed Village Council Member determines that the
request for information is a Formal Request, then the appointed
Village Council Member shall require the Applicant to complete a
Request for Access to Information Form as prescribed in Schedule
A.
2.
Provided the Record requested is not for Exempt Information, if the
Village Council member is able to access the Record, within 30 days
the Applicant will be:
a)
provided with a written estimate of any fees that will be charged;
b)
allowed to view the Record; and
c)
if the Record is reasonably capable of being copied, provided
with a copy of the Record requested, subject to payment of the
applicable fee.
3.
If the requested Record cannot reasonably be accessed within 30 days
of the date of receipt of the request, the Applicant must be told where,
when and how a coy of the Record will be provided.
4.
Pursuant to section 13(1) of the Freedom of Information and Protection
of Privacy Act, the head of a public body may extend the time for
responding to a request up to 30 days or, with the Freedom of
Information and Protection of Privacy Commissioner's permission for a
longer period.
5.
If the application is refused or rejected, the Summer Village shall
provide the Applicant:
a)
written notice as to the reasons for the Refusal or Rejection
and the provision on which the Refusal is based.
b)
An explanation of the appeal process.
c)
The name, title, business address and business telephone
number of an office of the Summer Village who can answer any
questions the Applicant may have about the Refusal.
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By-Law 54/99
Notwithstanding the foregoing the Freedom of Information and Privacy
Coordinator may refuse to confirm or deny the existence of a Record containing
information described in Section 17 or Section 19 of the Freedom of Information
and Protection of Privacy Act or a Record containing personal information about
a third party if disclosing the existence of the information would be an
unreasonable invasion of the third party's personal privacy.
6.
The Summer Village must respond in writing within 30 days of
receiving a 'Request for Correction of Personal Information' form
stating:
a)
a correction has been made; or
b)
an annotation or linkage has been attached to the information
liking the information with the correction that was requested and
not made.
7.
Applications may be:
a)
refused on the basis that:
(i)
the request did not meet the technical requirements as
set out in this By-Law
b)
rejected if:
(i)
the completed form or request was illegible;
(ii)
the information requested is Exempt Information;
(iii)
the request was considered vexatious or frivolous; or
(iv)
for any other reason provided for in the Freedom of
Information and Protection of Privacy Act.
8.
At any time, if information requested is scheduled for destruction, the
Village Administrator, must delay the destruction of that information,
until such time as;
a)
the request has been granted;
b)
the time for appeal under this By-Law has expired; or
c)
any appeal or review permitted pursuant to this By-Law or the
Freedom of Information and Protection of Privacy Act is refused
or rejected.
PART VII: EXEMPT INFORMATION
1.
Exempt Information is information
a)
which may:
(i)
be an unreasonable invasion of personal privacy
(ii)
cause financial harm;
(iii)
threaten anyone else's safety or mental or physical
health;
(iv)
interfere with public safety; or
(v)
harm law enforcement efforts.
b)
which is otherwise information which the Freedom of
Information and Privacy Coordinator may refuse or be
required to refuse to disclose pursuant to the provisions of the
Freedom of Information and Protection of Privacy Act.
2.
Advise or information given and deliberations or directions made at a
private meeting of Council, or a private meeting of a Council
Committee, draft reports, draft resolutions or draft By-Laws or other
legal instruments unless they have been considered at a Council or
Committee meeting open to the public or unless the Record has been
in existence for fifteen (15) years or more, are Exempt Information.
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By-Law 54/99
3.
Information about assessments and taxes is Exempt Information,
unless disclosure of such information is required or permitted under the
Freedom of Information and Protection of Privacy Act or any other
statute.
PART VIII: APPEALS
1.
An Applicant may appeal to Council from a Refusal to provide a
Record or a Rejection of an application by serving the Village
Administrator a written notice in the form prescribed in Schedule D,
attached hereto:
a)
within 15 days of receiving a written notice of delay, Refusal or
Rejection of the application; or
b)
within 60 days of requesting the Record if no written notice of
delay, Refusal or Rejection is received.
2.
Grounds for an appeal are:
a)
that the released Record was not complete; or
b)
that the Record was withheld without reason being stated; or
c)
that the reason for withholding the Record was insufficient or
wrong.
3.
Council may only consider an appeal if:
a)
the persons to whom the information relates and the persons
who would be affected by the release of the information have
been notified; or
b)
all possible attempts have been made to notify the Applicants of
the appeal.
4.
Appeals filed that meet the requirements of this section, will be heard
at a regularly scheduled meeting of Council within 60 days after receipt
by the Summer Village.
5.
Any Applicant filing an appeal will be notified of the hearing, and may
be asked to make a presentation or to respond to questions from
Council.
6.
If an individual who receives notice of the hearing cannot attend, they
may authorize, in writing, some else as agent to attend on their behalf.
7.
Council may decide to hear presentations and ask questions of each
presenter separately and in private.
8.
Council may proceed with the hearing in the absence of the Applicant
or any other person who has received notice of the hearing if Council
determines that all reasonable attempts have been made by the
Summer Village to notify the Applicant or any other individual of the
hearing.
PART IX: DECISIONS OF COUNCIL
1.
At the appeal hearing, Council may:
a)
hear the Applicant and any other person that Council
determines has relevant information for the hearing; and
b)
determine that all or part of the Record requested shall be
made available, and in what format; and
c)
permit the designated office a further 30 days to make the
Record available; or
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By-Law 54/99
d)
determine that the Record shall not be disclosed; or
e)
make any other decision that it considers reasonable and
justifiable in the circumstances, including refund of appeal fees.
2.
Subject to the right to review by the Commissioner as set out in
Freedom of Information and Protection of Privacy Act, Council's
decision is final, and shall be written in the official minutes of the
meeting. The decision shall be available from the office of the Summer
Village within 30 working days after the hearing is completed.
PART X: FEES
1.
Administrative fees as established in the "Fees and Charges By-Law",
shall be charged before an Applicant is entitled to receive the
requested information.
THIS By-Law shall come into force and effect upon the date of the passing of the
Third and Final Reading and signing thereof.
Read a first time in Council this ___ day of , A.D. 1999.
Read a second time in Council this ___ day of, A.D. 1999.
Read a third time in Council and passed this ____ day of, A.D. 1999.
________________________________
Gene Gagnon
Mayor
________________________________
Dave Lashuk
Administrator