Title
Freedom of Information and Protection of Privacy (FOIP) Bylaw No. 2015-32
Proposed Motions
1. That Bylaw No. 2015-32 receive first reading.
2. That Bylaw No. 2015-32 receive second reading.
3. That Bylaw No. 2015-32 be presented for third reading at this meeting.
4. That Bylaw No. 2015-32 receive third and final reading.
5. That Access to Public Information Policy AD 015 and Release of Tax Information Policy FI 008 be rescinded.
Body
Administration Recommendation(s)
Administration supports the recommendations.
Purpose
Bylaw No. 2015-32 is required to meet the requirements of the Freedom of Information and Protection of Privacy (FOIP) Act to designate a person as the head of the local public body, and to set any fees the local public body requires to be paid for services.
Summary
Bylaw No. 2015-32 replaces previous FOIP Bylaw No. 29-2002. The intent and provisions of the bylaw remain the same, but the wording of the bylaw has been updated to refer to the Chief Administrative Officer (rather than County Commissioner), and adds specific references to sections of the FOIP Act. In its annual review of bylaws, Legislative and Administrative Services learned that Bylaw No. 7-88 still remains active, being a bylaw to provide for the publication of information concerning municipal subjects. This is an old bylaw that is redundant and no longer required, and shall be rescinded upon the passing of new FOIP Bylaw No. 2015-32.
In its ongoing review of policies, Legislative and Administrative Services has determined that Access to Public Information Policy AD 015 holds no relevance because requirements for access to public information are covered by the FOIP Act. Release of Tax Information Policy FI 008 has been reviewed by both the Finance Department and Legislative and Administrative Services, and it is recommended that this policy also be rescinded because it serves as procedural guidelines. Tax information such as legal land description, parcel size and dimension, assessment and taxes are not personal information.
Strategic Plan/Policy/Legal/Staff Implications
Section 95 of the Freedom of Information and Protection of Privacy (FOIP) Act RSA 2000, Chapter F-25, requires that a local body, by bylaw, must designate a person or group of persons as head of the local public body for the purpose of the FOIP Act, and may set any fees the local public body requires to be paid under section 93 of the FOIP Act, which must not exceed the fees provided for in the regulations.
Financial Impact:
Cost: N/A
Source of Funding: N/A