Access to Information and Fees and Charges Bylaw No. 1724 — full text

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Access to Information and Fees and Charges -2- Consolidated Bylaw No. 1724-2001 PRICE: $3.00 CONSOLIDATED FOR CONVENIENCE "ACCESS TO INFORMATION AND FEES AND CHARGES BYLAW NO. 1724-2001" (AND AMENDMENTS THERETO UP TO & INCLUDING BYLAW #2243-2022) CONSOLIDATED FOR CONVENIENCE All persons making use of this consolidated version of City of Terrace Bylaw No. 1724-2001 are advised that it has no legislative sanction; that the amendments have been embodied for convenience of reference only and that the original bylaw must be consulted for all purposes of interpreting and applying the law. Subsections or sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation. Access to Information and Fees and Charges -3- Consolidated Bylaw No. 1724-2001 CITY OF TERRACE CONSOLIDATED FOR CONVENIENCE BYLAW NO. 1724-2001/ 1759-2002/ 1792-2003/1843-2005/ 1929-2008/ 2076-2015/2155-2018/ 2243-2022 "A BYLAW OF THE CITY OF TERRACE CONCERNING ACCESS TO INFORMATION AND ESTABLISHING FEES AND CHARGES FOR ADMINISTRATIVE SERVICES." WHEREAS it is acknowledged that access should be available to public information; AND WHEREAS it is recognized that public officials will require information from time to time from existing departmental files; AND WHEREAS it is recognized that there is a need, in the interests of efficiency, to maintain Municipal files in a complete and orderly condition; Amended by AND WHEREAS Section 194 of the Community Charter allows Municipal #1843-2005 governments to establish fees and charges to cover reasonable costs of providing administrative services to the public; AND WHEREAS the City of Terrace has adopted a Freedom of Information and Protection of Privacy Bylaw to cover requests for information not governed by the City's Access to Information and Fees and Charges Bylaw. NOW THEREFORE the Council of the City of Terrace in open meeting assembled, hereby enacts as follows: 1. DEFINITIONS: (a) Council Committee includes a Standing Committee of Council, a Select Committee of Council, a Committee of the Whole of Council, various Commissions appointed by Council, and the Board of Variance. (b) Corporation means the Corporation of the City of Terrace. (c) In-Camera Meeting means a meeting of Council or a Council Committee from which members of the public and/or Officers or Employees of the Corporation have been excluded for the purposes of discussing those matters provided for in the City's Council Proceedings Bylaw. Access to Information and Fees and Charges -4- Consolidated Bylaw No. 1724-2001 (d) Staff means the Officers and Employees of the Corporation of the City of Terrace, including regular, part-time, casual and contracted. 2. INFORMATION CONTROL: (a) All Municipal and departmental files shall be retained in the Municipal offices under the control of the assigned File Clerk. (b) Copies of operational information and reference material may be retained at other physical locations under Municipal control. (c) Original files are not to be removed from the Municipal offices. 3. COUNCIL ACCESS: (a) An elected official may inspect or obtain a copy of any document in the custody of the Corporation of the City of Terrace. Such document shall be requested from and supplied by the appropriate Department Head and/or File Clerk, without unreasonable delay. (b) One copy of specific items contained within a particular file shall be made available, upon request of the elected official to the appropriate Department Head and/or File Clerk. Additional copies will be subject to the rates established in Schedule "A" attached hereto, and forming part of this Bylaw. (c) The staff person providing the file(s) for an elected official shall not be required to provide an interpretation of the material contained therein. Interpretation of material, reports and information contained within a particular file, shall be obtained from the author of the said documents or from the appropriate Department Head or Committee Chair. Amended by (d) Access to items filed within the locked vault cabinet may only be gained #1843-2005 under the direct supervision of the Corporate Administrator or designate. (e) Any Council member may, under supervision, review his/her own personnel file. 4. PUBLIC ACCESS: Access to Information and Fees and Charges -5- Consolidated Bylaw No. 1724-2001 Any interested person may, subject to the regulations of this Bylaw, inspect or obtain a copy of any document in the custody of the Corporation of the City of Terrace, including those listed in, but not limited to, Section 5 of this Bylaw. One copy of any qualifying document shall, upon request of the public, be made available without unreasonable delay, upon payment of the charge specified in Schedule A attached hereto, and forming part of this Bylaw. 5. DOCUMENTS AVAILABLE TO THE PUBLIC: (a) Bylaws. (b) Minutes of any Council or Council Committee Meeting, including In- Camera Meetings, subject to 5(c) hereafter. (c) Matters relating to purchase, lease, rental or acquisition of Municipal property; salaries, conditions of service (excluding personnel file information), shall be available to the public, immediately upon execution of the binding contract relating thereto, the release of which would not be contrary to the provisions of the Freedom of Information and Protection of Privacy Act. (d) An agenda cover sheet of any meeting of Council. (e) Any document, the release of which would not be contrary to the provisions of the Freedom of Information and Protection of Privacy Act, which has been considered at a meeting of Council, or Council Committee, except an In-Camera Meeting (subject to 5(c)), including, but not limited to the following: i) A staff report; ii) A report from a Council-appointed Commission; iii) External correspondence, petitions, consultants' reports; iv) An application for rezoning, development variance permit, relief from the Board of Variance, subdivision approval or a building permit; v) Engineering, building, architectural or subdivision plans or drawings accompanying any application referred to in the preceding paragraph, PROVIDED that no person may obtain a copy of any such document contrary to the Access to Information and Fees and Charges -6- Consolidated Bylaw No. 1724-2001 provisions of the Freedom of Information and Protection of Privacy Act; vi) Development permits, building permits, documents granting conditional or final approval of a subdivision plan; vii) Decisions of the Board of Variance; viii) Financial Plan and Budget; Amended by ix) Municipal financial statements prepared under Section 167 #1843-2005 of the Community Charter; x) Financial information required to be filed pursuant to the Financial Information Act; xi) Cheque vouchers and accompanying invoices; xii) Tax Accounts - including Notice of Real Property Taxes; xiii) Administrative procedures and policies; Amended by xiv) DELETED BY BYLAW NO. 1929-2008; #1843-2005 Amended by xv) Tenders and quotations (except actual unit prices) which #1843-2005 have been opened in public and reviewed by Council; xvi) Factual records including the Census; xvii) DELETED BY BYLAW NO. 1929-2008. 6. DOCUMENTS NOT AVAILABLE: Notwithstanding anything contained in this Bylaw and for greater certainty, no member of the public shall have the right to inspect or obtain a copy of any of the following documents: (a) Any document, the disclosure of which is prohibited by law or the Freedom of Information and Protection of Privacy Act. Access to Information and Fees and Charges -7- Consolidated Bylaw No. 1724-2001 (b) Any document, the disclosure of which would, in the opinion of the Municipality's Solicitor, compromise the position of the City in a legal case. (c) Any document submitted to the Municipality on condition that it not be disclosed to the public. 7. DOCUMENTS NOT LISTED IN SECTION 5: Amended by #1929-2008 Documents which are not listed in Section 5 may be available to the public at the discretion of the City's Freedom of Information Co-ordinator subject to City of Terrace Freedom of Information and Protection of Privacy Bylaw No. 1722-2000; provided, however, that any person who is aggrieved by a decision of the City's Freedom of Information Co-ordinator may appeal the decision through the Chief Administrative Officer, without unreasonable delay. 8. ADMINISTRATION: (a) All requests to inspect or obtain a copy of a document shall be made during regular office hours at the offices of the department having custody of the document. (b) Subject to subsection 8(c) all copies of documents shall be made by staff. (c) If, in the opinion of the staff member, the time required to photocopy the documents requested would be excessive, the staff member may permit the applicant to make the copies under the supervision of the staff member. (d) Any dispute as to whether a particular document is made available to the public under this Bylaw shall be decided by the City's Freedom of Information Co-ordinator subject to the City of Terrace Freedom of Information and Protection of Privacy Bylaw No. 1722- 2000, provided an applicant for information may appeal such decision through the Chief Administrative Officer, without unreasonable delay. (e) A package composed of such documents which are to be discussed or provide background information for discussion at open Council or Council Committee meetings shall be made available to the media at or before the meeting, when adequate advanced requests are made. Amended by #1929-2008 Access to Information and Fees and Charges -8- Consolidated Bylaw No. 1724-2001 (f) Any staff member may, under supervision, review his/her own personnel file. 9. CHARGES: (a) Qualifying documents pursuant to Section 5 of this Bylaw, shall be made available in accordance with the rates set out in Schedule "A" attached hereto, and forming part of this Bylaw. (b) Qualifying documents, requiring research over fifteen (15) minutes, shall be made available at the hourly rate set out in Schedule A attached hereto, and forming part of this Bylaw. 10. This Bylaw repeals "Access to Information and Fees and Charges Bylaw No. 1348-1994" and amendments thereto. 11. This Bylaw may be cited as "Access to Information and Fees and Charges Bylaw No. 1724-2001". This Bylaw is consolidated for convenience only. If discrepancies exist between this consolidation and the original bylaw, the original bylaw shall prevail. BYLAW #1724-2001 READ a first time this 11th day of December, 2000. BYLAW #1724-2001 READ a second time this 11th day of December, 2000. BYLAW #1724-2001 READ a third time this 11th day of December, 2000. BYLAW #1724-2001 ADOPTED this 8th day of January, 2001. ORIGINAL SIGNED BY "J. TALSTRA" Mayor ORIGINAL SIGNED BY "D. FISHER" Clerk Access to Information and Fees and Charges -9- Consolidated Bylaw No. 1724-2001 SCHEDULE A FEES AND CHARGES 1.0 PHOTOCOPYING CHARGES: Amended by .1 List of Electors #1843-2005 & (for candidates nominated in accordance with Section 77 of the Local Government Act) #1929-2008 & #2243-2022 First copy free of charge, additional copies: - single-sided copy $0.25 - double-sided copy $0.50 Up to a maximum per List of $25.00 .2 Council Minutes - single-sided copy $0.25 - double-sided copy $0.50 No maximum charge .3 Committee Minutes, - single-sided copy $0.25 Minutes of Hearings, - double-sided copy $0.50 Inquiries, Commissions, No maximum charge Council Resolutions Amended by .4 Bylaws - single-sided copy $0.25 #1843-2005 - double-sided copy $0.50 Up to a maximum per Bylaw of $25.00 Added by .5 Colour Copies - single-sided copy $1.00 #1843-2005 - double-sided copy $2.00 .6 All other documents referred to in Section 5 of this Bylaw shall be made available at a rate equal to the charges for reproduction of the document ($0.25 per single-sided photocopy and $0.50 per double-sided photocopy), plus the hourly rate for staff time for compiling and photocopying requiring more than fifteen (15) minutes. 2.0 INFORMATION REQUIRING RESEARCH: .1 Requests for information requiring research into the City's archival records; or for information dating back over two (2) years; or for information requiring more than fifteen (15) minutes to locate, will be charged at the hourly rate of $36.00/hour (billable in 15-minute increments after the first fifteen (15) minutes), plus the applicable photocopying rate if copies are made. Access to Information and Fees and Charges -10- Consolidated Bylaw No. 1724-2001 3.0 FAXING: DELETED BY BYLAW NO. 1929-2008 4.0 MAPPING DEPARTMENT: Replaced by #1843-2005 & #1929-2008 & # 2243-2022 Amended by#2076-2015 Mapping/GIS Department Fees Printed Maps: Size Price 8.5" x 11" $5.00 11" x 17" $7.50 18" x 24" $10.00 24" x 36" $15.00 36" x 48" $20.00 54"x 42" (City proper to Bdy @ 1:5000) $25.00 For maps that require extra set-up, time will be charged in 30 min. increments at staff cost. Orthophoto Printed Maps: Size Price 8.5" x 11" $7.50 11" x 17" $10.00 18" x 24" $15.00 24" x 36" $25.00 36" x 48" $30.00 54"x 42" (City proper to Bdy @ 1:5000) $40.00 Photocopies Black/White $1.50/sq.ft. Color $2.00/sq.ft. Custom Mapping Charged out at $70/hour 5.0 FINANCE DEPARTMENT AND TAX INFORMATION: Amended by .1 Tax Certificate (written) $20.00 #1843-2005 & #2076-2015 Tax Search (verbal) $0.00 N.S.F. Cheque Charges $30.00 General Accounts Receivable be charged interest at 2% per month on accounts outstanding on the 25th day of the month following the billing date. Access to Information and Fees and Charges -11- Consolidated Bylaw No. 1724-2001 Added by .2 Mortgage Company Fee per folio per year $5.00 #1843-2005 (for processing mortgage list and changes) 6.0 R.C.M.P.: Amended by .1 Criminal Records Search* $50.00 #1929-2008 (*no municipal fee for volunteers with proof) Waiver Packages (Finger Printing) $50.00 Police Certificates (Records Search) $50.00 Amended by .2 Insurance Inquiries $20.00 #1843-2005 Photocopies - single-sided copy $0.25 - double-sided copy $0.50 Deleted by Photographs 3.5 x 5 each $0.40 #2076-2015 Photographs 4 x 6 each $0.75 Mechanical Inspection Report $5.00 Amended by DVD or CD $20.00 #1929-2008 Amended by .3 Taxi Permits $50.00 #1843-2005 & #1929-2008 .4 Requests for research or photocopying requiring more than fifteen (15) minutes of staff time, will be charged at the hourly rate of $36.00/hour (billable in 15-minute increments after the first fifteen (15) minutes), plus the applicable photocopying rate if copies are made. 7.0 PLANNING: Amended by .1 Official Community Plan Bylaw (Schedule A) $25.00 #1843-2005, #1929-2008 & #2076-2015 Added by .2 Appendices to the Official Community Plan (per/each) $15.00 #2076-2015 Amended by .3 Zoning Bylaw $25.00 #1843-2005 Amended by .4 Signage Bylaw $10.00 #1929-2008 Amended by .5 Subdivision and Development Bylaw $15.00 #1843-2005 & #1929-2008 (main bylaw up to and including Schedule G) Schedule H - Design Criteria $15.00 Schedule I - Standard Construction Specifications $25.00 Access to Information and Fees and Charges -12- Consolidated Bylaw No. 1724-2001 Amended by .6 Comfort Letters - Single Family Residential properties $50.00 #1843-2005 Comfort Letters - Multi Family, Commercial, Industrial and $150.00 Institutional properties Added by .7 Grand Trunk Pathway Master Plan $15.00 #1929-2008 8.0 CERTIFICATION BY COMMISSIONER FOR TAKING AFFIDAVITS: .1 DELETED BY BYLAW NO. 1929-2008 9.0 ADMINISTRATIVE CHARGE FOR INVOICING: .1 For items costing less than $20.00, a minimum charge of $20.00 will be billed if the item is Minimum Amount not paid for at the time of purchase and per Invoice invoicing is required $20.00 10.0 ADMINISTRATIVE CHARGE FOR LOAN OF PARTS OR SUPPLIES: .1 For loan of parts or supplies, a minimum administrative charge will be applied, in the amount of $20.00 Added by 11.0 LIQUOR AND CANNABIS LICENSE APPLICATIONS: #1788-2003 Amended by #2155-2018 .1 Storefront Retail Cannabis License $1,500.00 .2 Liquor Primary License, New $500.00 .3 Liquor Primary License, Amendment $300.00 (Occupant load increase, winery endorsement, permanent hour extension) .4 Food Primary License $300.00 (Hour extensions beyond midnight, patron participation entertainment) .5 Liquor/Food Primary License, Temporary Amendment $100.00 (Special occasion hour extensions or temporary occupant load increase) Added by .5 Special Occasion Permit $25.00/per event #1843-2005 Access to Information and Fees and Charges -13- Consolidated Bylaw No. 1724-2001 Added by 12.0 FIRE DEPARTMENT: #1929-2008 .1 EOC/Training Room Rental (1/2 day/ 4 hours) $200.00 EOC/Training Room Rental (Full Day/ 8 hours) $400.00 Amended b #2076-2015 .2 Inspection Report - Single Family Residential properties $50.00 Inspection Report - Multi Family, Commercial, Industrial and Institutional properties $150.00 13.0 FLAGS: .1 City of Terrace Flag Cost + 10% Amended by #2243-2022 Added by #2243-2022