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TOWN OF RAINBOW LAKE
BYLAW NO. 99-07
A BY-LAW OF THE TOWN OF RAINBOW LAKE 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, Chapter F-
18.5, an Applicant has the right to access their own personal information and other municipal
records, unless there is a 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 bylaw; and
WHEREAS, in accordance with the said Act, a written appeal may be made to the Town
Council,
NOW THEREFORE, the Council of the Town of Rainbow Lake in the Province of Alberta,
DULY ASSEMBLED HEREBY ENACTS AS FOLLOWS:
SHORT TITLE
1.
That bylaw may be cited as the "Access to Information Bylaw".
PURPOSE OF BYLAW
2.
The purpose of this bylaw is to facilitate access to information in the possession of the
Town 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.
3.
The Town acknowledges that
a)
information has value and can also be a marketable asset managed by the Town,
and
b)
it is the responsibility of the of the Town, to consider provision of information
routinely requested via Active Dissemination or Routine Disclosure
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
c)
it is the responsibility of the Town, 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.
DEFINITIONS
4.
In this bylaw, unless the context otherwise requires;
"ACTIVE DISSEMINATION" means routine disclosure of information by the Town in
bulk quantities. Records the municipality provides for the public on a regular basis.
"APPEAL" means the process available to an Applicant when information requested is
not provided or is refused or rejected. See the section on Appeals.
"APPLICANT" means the individual making a request for information in accordance
with this bylaw.
"CHIEF ADMINISTRATIVE OFFICER" means the Town Manager, as appointed
pursuant to the Municipal Government Act and the Chief Administrative Officer Bylaw.
"COUNCIL" means the Council of the Town of Rainbow Lake, elected pursuant to the
Local Authorities Election Act.
"ERROR" means mistaken or wrong information, or information not reflecting the truth.
"EXEMPT INFORMATION" is defined in Sections 17 through 19 of this Bylaw.
"FORMAL REQUEST" means 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.
"FREEDOM OF INFORMATION AND PRIVACY COORDINATOR" means the
Town Manager for the purposes of the Freedom of Information and Protection of Privacy
Act (pursuant to Section 89). The Town Manager may delegate the duties for the
Freedom of Information and Privacy Coordinator.
"INFORMAL REQUEST" 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.
"MASH SECTOR" means the sectors of public bodies under the Freedom of
Information and Privacy of Protection Act, which will be affected by the Act before the
year 2000.
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
"OMISSION" means information in a Record which is incomplete or missing or has
been overlooked.
"RECORD" means 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
defined in the Freedom of Information and Protection of Privacy Act from time to time.
"REFUSAL" means an information request which is refused by the Town as a
consequence of failure to meet the technical requirements as set out in this bylaw.
"REJECTION" means an information request which is rejected for one of the reasons
permitted for rejection in this bylaw as determined by the Freedom of Information and
Privacy Coordinator.
"ROUTINE DISCLOSURE" means release of specific information on a regular bas,
without the requirement of completion of a 'Request for Access to Information' form.
"THIRD PARTY INFORMATION REQUESTS" means a request for information
relating to a person, group of persons, or an organization other than the Applicant or the
Town. This information may directly impact, involve, or belong to the originating party,
and cannot be released without the originating party's permission.
"TOWN" means the Town of Rainbow Lake, a Municipal Corporation in the Province of
Alberta.
RIGHT TO INFORMATION
5.
On request pursuant to Sections 6-8 of this bylaw, provided the Applicant pays the
applicable fees as set out in the Fees and Charges bylaw, each Applicant has a right to:
a)
access a Record that is in the possession of the Town;
b)
view a Record in the possession of the Town;
c)
request copies of a Record that is in the possession of the Town;
d)
request corrections to personal information maintained by the Town, and
e)
receive a copy of a Record maintained by the Town in a format that is reasonably
available,
unless the Record is Exempt Information pursuant to this bylaw.
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
REQUESTS
6.
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 Town
must determine if the requested information may be obtained by Formal Request
or Informal Request or to enable the Town to provide an estimate of the fees
which will be required to obtain the Record, an Applicant will be required to
complete a 'Request for Access to Information' form as prescribed in Schedule A.
c)
Any Applicant has the right to request information relating to a person, group or
organization other than the Applicant or the Town, 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 municipality, may request a change to the personal
information by completing a 'Request for Correction of Personal Information'
form as prescribed in Schedule B.
7.
All formal requests to access Records held by the Town, will be identified and tracked
by the Town's Freedom of Information and Privacy Coordinator, and will be
responded to within 30 days of receipt of the request.
8.
Any questions or concerns regarding the release or access to information held by the
Town, or an agent acting on behalf of the Town, or completion of a request form, may be
directed to the Town's Freedom of Information and Privacy Coordinator.
9.
The Freedom of Information and Privacy Coordinator may appoint one or more
Town employees to receive a request for information. That appointed employee shall
determine if the request is an Informal or Formal Request as these terms are defined in
this bylaw. If the appointed employee determines that the request for information is a
Formal Request, then the appointed employee shall require the Applicant to complete a
Request for Access to Information Form as prescribed in Schedule A.
10.
Provided the Record requested is not for Exempt Information, if an employee 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
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
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.
11.
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 copy of the
Record will be provided.
12.
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.
13.
If the application is refused or rejected, the Town shall provide the Applicant:
a)
written notification as to the reasons for the Refusal or Rejection and the
provision on which the Refusal is based.
b)
And explanation of the appeal process.
c)
The name, title, business address and business telephone number of an officer or
employee of the Town who can answer any questions the Applicant may have
about the Refusal.
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.
14.
The Town 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 linking the
information with the correction that was requested and not made.
15.
Applications may be:
a)
refused on the basis that:
i)
the request did not meet the technical requirements as set out in this
bylaw.
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.
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
16.
At any time, if information requested is scheduled for destruction, the Town must delay
the destruction of that information, until such time as;
a)
the request has been granted;
b)
the time for appeal under this bylaw has expired; or
c)
any appeal or review permitted pursuant to this bylaw or the Freedom of
Information and Protection of Privacy Act is refused or rejected.
EXEMPT INFORMATION
17.
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.
18.
Advice 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 bylaws 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.
19.
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.
APPEALS
20.
An Applicant may appeal to Council from a Refusal to provide a Record or a Rejection
of an application by serving to the Chief Administrative Officer 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.
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
21.
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.
22.
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.
23.
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 Town.
24.
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.
25.
If an individual who receives notice of the hearing cannot attend, they may authorize, in
writing, someone else as agent to attend on their behalf.
26.
Council may decide to hear presentations and ask questions of each presenter separately
and in private.
27.
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 Town to notify the Applicant or any other individual of the
hearing.
DECISIONS OF COUNCIL
28.
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 Freedom of Information and Privacy Coordinator a further 30 days to
make the Record available; or
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.
29.
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
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
official minutes of the meeting. The decision shall be available from the Town Office
within 30 working days after the hearing is completed.
FEES
30.
Administrative fees as established in the "Fees and Charges Bylaw" shall be charged
before an Applicant is entitled to receive the requested information.
THIS Bylaw shall come into full force and effect on October 1, 1999.
READ A FIRST TIME this 20th day of September, AD 1999.
READ A SECOND TIME this 20th day of September, AD 1999.
READ A THIRD TIME AND FINALLY PASSED this 20th day of September, AD 1999.
MAYOR
TOWN MANAGER
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
Schedule A
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
REQUEST FOR ACCESS TO INFORMATION
This is a request for: (Please check one)
REQUEST NO: ____________
General information
My own personal information
Personal information for another person
(Attach original proof of authority to act for the person)
FROM:
Which Public Body are you asking for information? (Please fill in name of Department, Agency, Board or Commission)
APPLICANT
Mr.
Ms.
Mrs. Miss
Last Name
First Name
Company name (if applicable)
Mailing address
City or Town
Province
Postal Code
Telephone (home)
Telephone (work)
Fax/E-mail Address
INFORMATION REQUESTED
I would like to receive a copy of the original record
I would like to examine the original record
Both
I will pick up the information when ready
I would like the information mailed to me when ready
Please describe in as much detail as you can, the information or records to which you want access. If you want
access to personal information, be sure to provide all the person's previous names. If you need more space, please use the back
of this form.
I certify the information I have provided is true and correct to my knowledge
Applicant's signature:
Date
Personal information contained on this form is collected under the Freedom of Information and Protection of Privacy Act, and
will be used to respond to your request. A fee may be charged for providing the information requested.
FEE CHARGED $
For Public Body use only
DATE RECEIVED
Approved
Refused
Rejected
Applicants Signature for Information Received (or double registered mail receipt attached hereto)
Date
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
Schedule B
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
REQUEST FOR CORRECTION OF PERSONAL INFORMATION
This is a request for correction to: (Please check one)
My own personal information Personal information for another person (Attach original proof of authority to act for the
person)
FROM:
Which Public Body are you asking for information? (Please fill in name of Department, Agency, Board or Commission)
APPLICANT
Mr.
Ms.
Mrs. Miss
Last name
First name
Company name (if applicable)
Mailing address
City or Town
Province
Postal Code
Telephone (home)
Telephone(work)
Fax/E-mail Address
INFORMATION REQUESTED FOR CORRECTION
Please describe in as much detail as possible, the records you wish to have corrected. Be sure to provide the
last name appearing on the records if it is different from the name given above. If you need more space, please use the back
of this form.
Please describe the correction you are requesting and the reason for it. Please attach any supporting documentation.
I certify the information I have provided is true and correct to my knowledge
Applicant's signature:
Date
Personal information contained on this form is collected under the Freedom of Information and Protection of Privacy Act, and
will be used to respond to your request. A fee may be charged for providing the information requested.
FEE CHARGE D $
For Public Body use only
DATE RECEIVED
Approved
Refused
Rejected
Applicant's Signature for Information Received (or double registered mail receipt attached hereto)
Date
Page 11
Town of Rainbow Lake
Access to Information Bylaw No. 99-07
Schedule C
Request for Third Party Information
Request for Third Party Information
To:
Town Council
DATE:
c/o Rainbow Lake Town Office
65 Imperial Drive
Box 149
Rainbow Lake, Alberta T0H 2Y0
Information Specifics:
Whole File
explain:
Part File
Specific Item
I hereby grant access to the above noted information to the following person(s) or
organization(s). I understand that as the first party to this information, I have the ability to waive
confidentiality for the above mentioned information to the aforesaid named organization(s) or
person(s) and that the named organization(s)/person(s) are responsible for information fees.
Organization requesting information
Address
Signature - First Party
Printed Name - First Party
The Signature of the THIRD PARTY hereby denoted acceptance of the aforementioned
conditions.
Signature - Third Party
Printed Name - Third Party
Page 12
Town of Rainbow Lake
Access to Information Bylaw No. 99-07
Schedule D
Appeal Forms
If any Applicant wishes to appeal a decision regarding information access, he or she must
complete this Notice of Appeal and mail or deliver this Notice of Appeal to the Town Office,
within sixty (60) working days after applying for the information or fifteen (15) days following
receipt of written notification of refusal or rejection.
NOTICE OF APPEAL TO TOWN COUNCIL
To:
Town Council
DATE:
c/o Rainbow Lake Town Office
65 Imperial Drive
Box 149
Rainbow Lake, Alberta T0H 2Y0
I request information about: (please attach a separate page if necessary)
MY REASONS FOR APPEAL ARE:
information has not been released
if proposes to release information
that affects my interests
the information is not in the format I requested
the information I received is not complete
Additional clarification or comments:
Signature - Third Party
Printed Name - Third Party
Mailing Address:
Phone:
Res:
Work:
Fax:
NOTE: A HEARING WILL BE HELD BY THE TOWN COUNCIL, YOU WILL BE INFORMED OF THE DATE OF THE HEARING
**WRITTEN NOTICE OF REFUSAL OR REJECTION MUST BE ATTACHED AT THE TIME OF SUBMISSION**
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Town of Rainbow Lake
Access to Information Bylaw No. 99-07
Schedule E
Request and Appeal Process Summary
3rd Party written
notification required
Access Provided
Request Refused or
Rejected
3rd Party submits written
approval
Provide Payment, when required
Reasons for Refusal
or Rejection Given
Access Given
Information Provided
Appeal
No Appeal
Payment Provided
Request & payment for appeal
within 15 days of refusal
Appeal Hearing
Access Granted
Access Denied
Payment for
information
Written Notification
of Council Decision
Information Provided
Receipt of Information
Request