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The Freedom of Information and Protection of Privacy Act (FOIPPA) is provincial legislation that ensures transparency and accountability within public bodies while protecting personal privacy. Under FOIPPA, individuals have the right to request access to records in the custody or control of the Township of Spallumcheen, subject to certain exceptions set out in the Act.
The Act also establishes rules for how the Township collects, uses, stores, and discloses personal information.
The FOIPPA LEGISLATION applies to all records in the custody or under the control of a public body, subject to exceptions identified in the Act.
This Act is meant to help public bodies be open and responsible, while protecting people’s personal information. It does this by:
If the information you are seeking is not publicly available, you may submit a formal Freedom of Information (FOIPPA) request under the FOIPPA Legislation.
Your request must:
FOIPPA request forms are available online or can be obtained from the Township office.
Many Township records are routinely available to the public without the need for a formal request. These records may be accessed through the Township website or by contacting the appropriate department. Examples include, but are not limited to, Council agendas and minutes, bylaws, policies, annual reports, and other publicly available documents.
If the information you are seeking is not available through regular channels, you may submit a formal Freedom of Information (FOI) request. Formal requests must be made in writing and should clearly describe the records being requested. Providing specific details, such as relevant subjects, dates, or departments, will help staff locate and retrieve the records more efficiently.
In addition to the $10.00 application fee, additional costs may apply for:
Under Section 75 of the Freedom of Information and Protection of Privacy Act (FOIPPA), the Township may charge fees to recover costs associated with processing access to information requests. Applicable fees are established in the Township of Spallumcheen's Fees and Charges Bylaw and are based on the maximum amounts permitted under the Freedom of Information and Protection of Privacy Regulation.
There is no fee for individuals requesting access to their own personal information. In addition, the first three hours spent searching for and retrieving records are provided at no charge. If your request involves a large volume of records or is expected to require significant staff time, the Township will provide a fee estimate before processing begins. In such cases, a deposit may be required before work on the request can proceed.
To help reduce processing costs and minimize expenses to taxpayers, please make your request as specific as possible. Providing clear details, including a subject matter and date range, can help staff locate responsive records more efficiently.
The department receiving an informal request will respond as quickly as possible. In some cases, information can be provided over the phone.
Most Township records are available to the public and can often be accessed without submitting a formal Freedom of Information request. These may include:
Residents are encouraged to contact the Township of Spallumcheen to determine whether the information sought is already publicly available.
Under British Columbia’s Freedom of Information and Protection of Privacy Act (FOIPPA), the Township is required to respond to your request within 30 business days of receiving it. Wherever possible, we will make records available sooner. Many requests are completed within 15 to 30 business days.
If your request is broad in scope or involves a large volume of records, the Township may extend the response time by up to an additional 30 business days, as permitted under the FOIPPA Act. In exceptional circumstances involving particularly large or complex requests, the Township may apply to the Office of the Information and Privacy Commissioner for British Columbia for a further extension.
The Act sets out specific situations where information cannot be shared. In these cases, certain records or parts of records must be protected and are not released to the public. Some exemptions are required by law, while others may be applied at the discretion of the FOIPPA Head, depending on the details of the request.
To provide a complete response, requests may be transferred to additional public bodies if they hold relevant records. You will be informed before any transfer takes place, as each additional public body is subject to an additional fee.
The Township may refuse access to certain information when disclosure is restricted by law. This usually happens to protect:
If any part of a record is withheld, you will be told why the information was removed and which section(s) of the Freedom of Information and Protection of Privacy Act apply. If you are not satisfied with how the Township has responded to your FOIPPA request, you may ask the Information and Privacy Commissioner of British Columbia to review the decision.