Policy 1.3 - Responding to Requests for Information

Effective Date: 31-Jul-97
Responsible Branch: Information Management Group

Management Services Volume Table of Contents | Amendment Log

Scope

This policy covers guidelines and responsibilities on how to respond to requests for information.

Policy

Ministry of Forests staff must make every reasonable effort to assist applicants and respond openly, accurately, and completely to their requests.

The public has a legal right to access records in the custody or under the control of the Ministry of Forests and public bodies which fall under the jurisdiction of the Minister of Forests as stated in Schedule 2 of the Freedom of Information and Protection of Privacy Act (the Act). The legislation contains exceptions to the right of disclosure that are specific and limited.

Individuals have a legal right of access to and a right to correction of personal information about themselves under the Act. As well, individuals have a right to protection of their personal information from unauthorized collection, use, and disclosure by government.

Application

This policy does not in any way replace existing avenues for gaining access to public records. In many cases, information requested is already routinely released by the Ministry.

This policy applies to all records in the custody or under the control of the Ministry of Forests as well as the following public bodies listed in Schedule 2 of the Act including:

• Appeal Boards (Forest Act and Range Act)
• B.C. Forest Research Advisory Committee
• Carmanah Valley Forest Management Advisory Committee
• Chip Export Advisory Committee
• First Nations Forestry Council
• Forest Research Council
• Forest Resources Commission
• Forest Sector Strategy Committee
• Timber Export Advisory Committee

Requests for Information

Staff should assist applicants to define the scope of requests. This approach may save staff many hours of work and provide the applicant with much better results.

There are two methods for gaining access to public records:

1. routine channels
2. formal requests under the Act

A formal request under the Act is the avenue of last resort.

Routine Channels

The Ministry has set up routine channels for the release of information available without a request. This type of information includes:

• Answers to questions where the individual is not seeking access to a record. Staff should continue to refer questions to the appropriate program area for response.
• Government publications or automated information services such as BC On-Line. Publications are available for purchase from an authorized government distributor or bookstores. Copies of many government publications are available in public libraries.
• Records available without a request. Certain records in the custody or under the control of the Ministry will be identified as routinely releasable either because no exceptions apply or because the Minister feels that in spite of the discretionary exception, the Ministry would routinely exercise discretion in favour of disclosure.

Formal Requests

Where information is not available through routine channels, the Act provides:

• formal requests are to be processed within 30 calendar days, except where circumstances allow for extended time limit
• a duty of the Ministry to assist applicants
• a mandatory line-by-line review of requested records
• a right to review Ministry decisions by an independent Information and Privacy Commissioner

Formal requests, which must be submitted in writing, should be referred to the FOI Contact in your office. Ministry staff should refer to Guidelines for Responding to Requests for Information in the Appendix of this policy.

Fees

The Ministry charges fees for responding to requests for information in accordance with legislation and regulations. Where fees are to be collected, a fee estimate must be provided to the applicant before staff begin acting on the request. In cases of large requests, staff may choose to collect half the fee estimate before acting on the request.

Exceptions to Disclosure

In responding to formal requests, the information is releasable unless an exception to disclosure in the Act applies. The common sense approach in dealing with a request for information to which exceptions may or do apply is to ask the question: Is it reasonable to expect that harm would result if the information in question were released? That is, would release of requested information reasonably be expected to harm, for instance, the financial or economic interest of a public body or the business interests of a third party?

The following criteria should be considered in determining harm under the Act. Harm should be:

• specific (capable of precise expression),
• current (either immediate or in the foreseeable future), and
• probable (reasonable likelihood, not merely hypothetical possibility)

With respect to a request for information about another person, the harm test to be applied is: Would disclosing the personal information be an unreasonable invasion of a third party's personal privacy?

Mandatory Exceptions

Some information must not be released under the Act. Such information falls under exceptions to disclosures that are mandatory. The following must not be released:

Cabinet Confidences

• information that would reveal the deliberations of Cabinet or any of its committees, including advice, recommendations, policy considerations, draft legislation, or regulations. (Section 12)

Business Interests of a Third Party

• information harmful to the business interests of a third party. This information must be withheld if all three of the following conditions are met:
  1. disclosure would reveal trade secrets or commercial, financial, labour relations, scientific, or technical information of a third party, and
  2. the information was supplied in confidence, and
  3. disclosure could reasonably be expected to harm significantly the competitive position, or interfere with the negotiating position of the third party. (Section 21)

However, even if all three conditions are met, the third party must be notified and may consent to release the information.

Personal Privacy

• a third party's personal information unless that person consents to release. (Section 22)

Personal information, which is protected under the Act, is defined as recorded information about an identifiable individual, including:

• the individual's name, address, or telephone number
• the individual's race, national or ethnic origin, colour, or religious or political beliefs or associations
• the individual's age, sex, sexual orientation, marital status, or family status
• an identifying number, symbol, or other particular assigned to the individual
• the individual's fingerprints, blood type, or inheritable characteristics
• information about the individual's health care history, including a physical or mental disability
• information about the individual's educational, financial, criminal, or employment history
• anyone else's opinions about the individual, and
• the individual's personal views or opinions, except if they are about someone else. (Note: Individual A's personal views or opinions of Individual B constitute the personal information of Individual B, under the Act)

Personal information must not be released to anyone other than the individual the information is about, unless the Act provides for disclosure [See Sections 22(4), 33, 35, 36].

Discretionary Exceptions

Some information may or may not be released under the Act. Such information falls under exceptions to disclosure that are discretionary. The head of the public body is expected to exercise discretion under the Act to decide whether to release or withhold the information. The following may or may not be released:

• information that would reveal advice or recommendations developed by or for a public body. This exception does not apply to factual information, public opinion polls, statistical surveys, appraisals, economic forecasts, environmental impact statements, or technical studies. (Section 13)
• information that is subject to solicitor/client privilege (Section 14)
• information that could reasonably be expected to harm a law enforcement matter, harm the security of any property or system, etc. (Section 15)
• information that could reasonably be expected to harm intergovernmental relations or negotiations (Section 16)
• information that could reasonably be expected to harm the financial interests of a public body (Section 17)
• information that could reasonably be expected to harm the conservation of heritage sites (Section 18)
• information that could reasonably be expected to harm individual or public safety (Section 19)
• information that is to be published or released within 60 days (Section 20)

Considerations in Release

Requested information must be reviewed carefully by staff trained to apply the Act. Although it may be judged releasable under one exception, another exception may apply.

The Minister of Forests (Deputy Minister or designate) must disclose to the public, without delay, any information which the Minister feels is in the public interest, whether or not a request is made. The information may be about a risk of significant harm to the environment or to the health or safety of the public or a group of people. (Section 25)

References

• Freedom of Information and Protection of Privacy Act (Bill 50)
• Freedom of Information and Protection of Privacy Amendment Act, 1993 (Bill 62)
• Freedom of Information and Protection of Privacy Policy and Procedure Manual
• Revenue and Corporate Services Program Business Plan (May 1, 1993 through April 30, 1996)
• Revenue and Corporate Services Program Draft Auction Plans 1993/94

Indicate changes in policy since previous revision

Appendix to Policy 1.3 - Guidelines for Responding to Information Requests