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OVERVIEW
This section permits the head of a public body to designate categories of records appropriate for routine release to the public.
SECTION REFERENCE
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71
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(1)
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The head of
a public body may prescribe categories of records that are in the custody
or under the control of the public
body and are available to the public, on demand, without a request
for access under this Act.
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(2)
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The head of
a public body may require a person
who asks for a copy of an available record to pay a fee to the public body.
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(3)
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Subsection
(1) does not limit the discretion of the
government of British Columbia or a public body to release records that do not
contain personal information.
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SUMMARY
The Act does not replace existing procedures for access to information. Sections 2, 3 and 71 of the Act recognize and preserve access rights that exist outside the scope of the Act.
Provincial government ministries and agencies may designate records that are available without a formal request under the Act. This does not limit the discretion of the government of British Columbia or of the head of a public body to release or withhold general (non-personal) information. The head of a public body may charge a fee for providing copies of records that are routinely releasable.
POLICY
- Ministries shall promote the routine release of information, where release is authorized by the Freedom of Information and Protection of Privacy Act.
- Ministries shall designate records that are available without a formal request, in accordance with the privacy and access provisions of the Act, other relevant legislation, and operational requirements.
- Ministries may charge fees for information made available routinely.
- Ministries shall establish a reasonable period of time within which records that are routinely available must be produced to an applicant. This period will normally be within two or three
days, not including mailing and delivery time. Most records designated as routinely releasable should be available "on demand" unless they are not located in the office where the request is made.
- When responding to requests for records that are routinely releasable, ministries shall inform applicants that if they are not satisfied with their response, they may make a formal request for the records.
PROCEDURE
- Provincial government ministries will identify records which can be routinely released without the necessity of a formal request under the Act, according to the
CORE Policy Manual 12.3.2.II (Freedom of Information and Protection of Privacy) and the
Implementation Guidelines for Routine Release of
Records.
INTERPRETATION
The head of a public body may refuse to disclose to an applicant information that is available for purchase by the public (see manual section 20(1)(a)). Public bodies must exercise discretion in determining to withhold from an applicant information available for purchase.
Does not limit the discretion
A public body may release or withhold any record, not formally requested under the Act, that does not contain personal information whether or not it has been designated and listed as routinely releasable.
REFERENCES
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