Freedom of information

What information can I request?

The Freedom of Information and Protection of Privacy Act applies to all records (i.e. all recorded information) under the custody or control of a public body. The Act defines records as follows: "record" includes books, documents, maps, drawings, photographs, letters, vouchers, paper and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records.

It is important to note that the Act covers access to records and the information contained therein. It is NOT the intention of the Act that staff undertake compiled and summarized research in order to answer specific questions. Applicants are expected to conduct their own research from any records received from the RDCO.

How do I make a request?

There are two ways to request information from us:

Informal request via routine channels

Since almost all of the RDCO's information is available through routine channels, you should always start by making an informal request. To do this, contact the department that you think might have the information you are looking for and simply call or email them with your question.

Formal FOI request

• If the information you are seeking is not available through routine channels, then you may make an FOI request for records containing the information
• Please review the Freedom of Information and Protection of Privacy Bylaw No. 1406
• Unlike informal requests, formal FOI requests must be made in writing. Your request must provide sufficient details to assist staff in locating and retrieving records. You must also indicate whether you want to receive copies of the records or to view the records in person.

You may use our FOI application form, although it is not required to make a formal request.

Next you may deliver, mail or email your FOI request to:

FOI Coordinator
Regional District of Central Okanagan
1450 KLO Road
Kelowna, BC V1W 3Z4

Phone: 250-469-6204

Email 

Is there a fee to make a request?

Informal Requests

When you make an informal request for information, the department that has the information may charge you a fee to cover its costs in processing your request. Departments charge fees in accordance with our Freedom of Information and Protection of Privacy Bylaw No. 1406.

Formal FOI Requests

The Freedom of Information and Protection of Privacy Act has been amended to allow public bodies to charge an applicant who makes a request under the Act a prescribed application fee of $10.00.  The application fee is required to be paid prior to processing your request and does not apply if you are requesting your own personal information.  We may also charge you a fee to cover the cost of processing your FOI request.  We will not charge you fees for access to your own personal information or for the first three hours spent searching for and retrieving the records.

If we are going to charge you a fee, we will send you a fee estimate before processing your request. We may also require you to provide us with a deposit.

Our fees are charged in accordance with Bylaw No. 1406 and the Schedule of Maximum Fees as established by British Columbia Regulation 323/93.

For example, the following fees apply for non-commercial applicants (i.e. private individuals):

• $7.50 per ¼ hour ($30/hour) after the first 3 hours spent locating, retrieving and producing the requested records;
• $7.50 per ¼ hour ($30/hour) to prepare records for disclosure (includes the time spent photocopying and reassembling files)
• $0.25 per page of regular photocopies provided; and
• Shipping and handling charges (method chosen by applicant)

To help reduce fees and to minimize taxpayer expense, please narrow the scope of your request as much as possible. Also try to specify a date range as our records date back more than 40 years.

How will the RDCO respond to my request?

Informal Requests

When you make an informal request, the department you approach will respond to you as quickly as possible.  Depending on the kind of information you are requesting, you may be able to get an answer over the phone.

Formal FOI Requests

The Act requires us to respond to your FOI request within 30 business days of receiving it, although we will respond sooner if possible. If your request is especially complicated, we may extend our response time by an additional 30 business days.

The Act allows us to withhold information if released would be an invasion of privacy or cause harm by one of the means listed in the Act, such as harming a law enforcement investigation or threatening anyone's health or safety. If the RDCO withholds any information, we will tell you which section or sections of the Act were used in making this decision.

If we deny you access to any record or part of a record, you have the right to ask for a review by the British Columbia Information and Privacy Commissioner, an officer of the legislature who is independent of the government.  A decision of the Commissioner is final, subject to certain limited judicial reviews.

How long does the request process take?

The Act requires that we respond to your request within 30 business days of our receipt of your request. We will make every effort to make the records available to you sooner, if possible.

If your request is broad in scope, or if a large volume of records respond to your request, we may extend the time limit for responding under Section 10 of the Act for an additional 30 business days. For particularly large and difficult requests, we may apply to the British Columbia Information and Privacy Commissioner for an additional time extension.

The majority of requests are processed within 30 business days of us receiving your request.

Will I get everything that I asked for?

Depending on what you ask for, you may not get access to all information contained within the records that respond to your request.

The Act includes several specific exemptions to disclosure, which means that, by law, certain types of records and information is to be protected and not made available to the public. Some exemptions are mandatory while others are exercised at the discretion of the FOI Officer (as defined in our Freedom of Information and Protection of Privacy Bylaw No. 1406) based on the relevant circumstances surrounding the request.

For example, reasons for refusing access to information held by the RDCO are generally related to the protection of:

• Personal privacy;
• Businesses trade secrets or unit pricing;
• Solicitor-client privilege;
• Deliberations of Board and Council Committees that are authorized to be held in the absence of the public (i.e. closed or "in camera" meetings);
• Policy advice, staff recommendations or draft regulations not yet made public;
• Information that may harm a law enforcement matter (this includes bylaw enforcement matters);
• Information that may harm the financial interests of the RDCO or other public body.

If you do not get access to all information you requested, you will be advised of the reasons for the refusal and the provision(s) of the Act on which the refusal is based. If you are not satisfied with how the RDCO responds to your FOI request, you have the right to ask the Information and Privacy Commissioner of British Columbia to review the RDCO's response. 

How is my personal information protected?

The Act protects personal privacy by restricting the collection, use and disclosure of personal information. Please note that personal privacy rights extend only to private individuals; not businesses, societies, corporations, etc.

When an individual makes an FOI request to the RDCO, their personal information is protected and is not made public.

Collection
We only collect personal information when we have the clear authority to do so, or when the collection is related directly to and is necessary for an operating program. When we are collecting personal information, we must do so directly from you, unless we have legal authority to collect the information from another source. These rules apply even if the personal information is held by another government body.

Use and disclosure
The personal information must only be used for the purpose it was collected or for a use consistent with the reason it was collected. We may also use or disclose personal information in other ways, but only if we have legal authority to do so. We have security arrangements to protect personal information from unauthorized use or disclosure.

For example, if you make a bylaw enforcement complaint, we ask for your personal information (name, address, telephone number) in order for us to keep you informed of our handling of your complaint. As a complainant, your personal information is protected and is not made public. The only time that your identity as a complainant would be disclosed to another public body is to comply with Court proceedings.

Where can I find a copy of the   Freedom of Information and Protection of Privacy Act?

Freedom of Information and Protection of Privacy Act, RSBC 1996, c.165