TOWN OF VIEW ROYAL 
 
BYLAW NO. 217 
 
 
A BYLAW 
FOR THE ADMINISTRATION OF THE 
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT 
 
 
WHEREAS under Section 76.1 of the Freedom of Information and Protection of Privacy Act, a local 
government: 
 
 
(a) 
must designate a person or group of persons as the head of the Municipality for the 
purposes of the Freedom of Information and Protection of Privacy Act; and 
 
 
(b) 
may authorize any person to perform any duty or exercise any function under the Freedom 
of Information and Protection of Privacy Act of the person or group of persons designated as 
the head of the Municipality; and 
 
 
(c) 
may set any fees the local public body requires to be paid under Section 75 of the Freedom 
of Information and Protection of Privacy Act. 
 
NOW THEREFORE, the Council of the Town of View Royal, in open meeting assembled, enacts as follows: 
 
1. 
This Bylaw may be cited for all purposes as the "Town of View Royal Freedom of Information Bylaw, 
1994, No. 217". 
 
2. 
Definitions and Interpretation 
 
 
2.1 
The definitions contained in Schedule 1 of the Act shall apply to this Bylaw except where the 
context requires otherwise. 
 
 
2.2 
In this Bylaw: 
 
 
 
"Act" means the Freedom of Information and Protection of Privacy Act, Stats. B.C. 1992, 
c.61; 
 
 
 
"Commercial Applicant" means a person who makes a request for access to a record to 
obtain information for use in connection with a trade, business, profession or other venture 
for profit; 
 
 
 
"Coordinator" means the person designated in Section 3.3 as the Information and Privacy 
Coordinator; 
 
 
 
"Council" means the Council of the Town of View Royal; 
 
 
 
"Head" means the person or group of persons designated as the Head of the Municipality 
under Section 3 of this Bylaw; 
 
 
 
"Municipality" means the Town of View Royal; 
 
 
 
"Request" means a request under Section 5 of the Act. 
 

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Bylaw, 1994, No. 217 
 
 
 
3. 
Administration 
 
 
3.1 
The Council hereby designates the Clerk/Administrator to be the Head for the purposes of 
the Freedom of Information and Protection of Privacy Act. 
 
 
3.2 
The duties and functions of the Head which remain those of the Head are set out for 
reference in Appendix 1. 
 
 
3.3 
The Council hereby designates the Mayor's Secretary to be the Information and Privacy 
Coordinator. 
 
 
Powers of Coordinator 
 
 
The Council hereby authorizes the Coordinator to perform the following duties or exercise the 
following functions of the Head under the Act; 
 
 
4.1 
Responding to Requests 
 
 
(1) 
The duty to create a record from a machine readable record in the custody or under 
the control of the municipality using its normal computer hardware and software and 
technical expertise if creating the record would not unreasonably interfere with the 
operations of the Municipality; 
 
 
 
(2) 
The power to respond to a request except where the Head has the discretion under 
the Act to determine whether a record shall be released or withheld from disclosure. 
 
 
 
(3) 
The power to respond to a request after the Head has made a decision regarding 
the disclosure or non-disclosure of a record. 
 
 
 
(4) 
The power to refuse in a response to confirm or deny the existence of: 
 
 
 
 
(a) 
a record containing information described is Section 15 of the Act 
(information harmful to law enforcement), or 
 
 
 
 
(b) 
a record containing personal information of a third party if disclosure of the 
existence of the information would be an unreasonable invasion of that 
party's personal privacy. 
 
 
 
(5) 
The duty to: 
 
 
 
 
(a) 
provide an applicant with a copy of a record or part of a record with a 
response where the record can reasonably be reproduced, or 
 
 
 
 
(b) 
to give reasons for the delay in providing the record. 
 
 
4.2 
Extension of Time 
 
 
 
(1) 
The power to extend the time for responding to a request for up to 30 days. 
 
 
 
(2) 
The power to apply to the Information and Privacy Commissioner for a longer time 
period for response to a request where: 
 
 
 
 
(a) 
the applicant does not give enough detail to enable the Municipality to 
identify a requested record; 

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Bylaw, 1994, No. 217 
 
 
 
 
 
 
 
(b) 
a large number of records is requested or must be searched and meeting 
the time limit would unreasonably interfere with the operations of the 
Municipality; 
 
 
 
 
(c) 
more time is needed to consult with a third party or other public body before 
the Head can decide whether or not to give the applicant access to a 
requested record; or 
 
 
 
 
(d) 
a third party asks for a review under Section 52(2) or 62(2) of the Act. 
 
 
 
(3) 
The power to tell the applicant the reason for an extension, when a response can be 
expected and that the applicant may complain about the extension under Section 
42(2)(b) or 60(1)(a) of the Act where the time for a response to a request has been 
extended under Section 10(1) of the Act. 
 
 
4.3 
Transfer Request 
 
 
 
(1) 
The power to transfer a request and, if necessary, the records to another public 
body if: 
 
 
 
 
(a) 
the record was produced by or for the other public body, 
 
 
 
(b) 
the other public body was the first to obtain the record, or 
 
 
 
(c) 
the record is in the custody or under the control of the other public body. 
 
 
 
(2) 
The power to notify the applicant of the transfer. 
 
 
4.4 
Information to be Released Within 60 days 
 
 
 
(1) 
The power to refuse to disclose information that is available for purchase by the 
public under Section 20(1)(a) of the Act. 
 
 
 
(2) 
The power to notify an applicant of the publication or release of information that the 
Head has refused to disclose under Section 20(1)(b) of the Act on the basis that the 
information is to be published or released to the public, within 60 days after the 
applicant's request is received. 
 
 
4.5 
Business Interests 
 
 
 
(1) 
The power to refuse to disclose to an applicant information: 
 
 
 
 
(a) 
that would reveal 
 
 
 
 
 
(i) 
trade secrets of a third party, or 
 
 
 
 
(ii) 
commercial, financial, labour relations, scientific or technical 
information of a third party; 
 
 
 
 
(b) 
that is supplied, implicitly or explicitly, in confidence, and 
 
 
 
 
(c) 
the disclosure of which could reasonably be expected to 
 
 
 
 
 
(i) 
harm significantly the competitive position or interfere significantly 
with the negotiating position of the third party, 

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Bylaw, 1994, No. 217 
 
 
 
 
 
 
 
 
(ii) 
result in similar information no longer being supplied to the public 
body when it is in the public interest that similar information 
continue to be supplied, 
 
 
 
 
 
(iii) 
result in undue financial loss or gain to any person or organization, 
or 
 
 
 
 
 
(iv) 
reveal information supplied to, or the report of, an arbitrator, 
mediator, labour relations officer, or other person appointed to 
resolve or inquire into a labour relations dispute. 
 
 
 
(2) 
The duty to refuse to disclose to an applicant information that was collected on a tax 
return or gathered for the purpose of determining tax liability or collecting a tax. 
 
 
 
(3) 
The duty set out in paragraphs (1) and (2) is subject to Section 21(3) of the Act 
which provides that the duty to refuse disclosure does not apply if a third party 
consents to the disclosure or the information is in a record that is in the custody or 
control of the British Columbia Archives and Records Services or the archives of a 
public body and that has been in existence for 50 or more years. 
 
 
4.6 
Notification 
 
 
 
(1) 
The power to notify a third party that the Municipality intends to give access to a 
record that the Coordinator has reason to believe contains information that might be 
excepted from disclosure under Section 21 (information harmful to business 
interests of a third party) or Section 22 (information harmful to personal privacy) of 
the Act. 
 
 
 
(2) 
The power to give a notice under Section 23(1.2) of the Act where the Coordinator 
does not intend to give access to a record that contains information excepted from 
disclosure under Section 21 (information harmful to business interests of a third 
party) or Section 22 (information harmful to personal privacy) of the Act. 
 
 
 
(3) 
The power to give written notice of the decision whether or not to give access to a 
record that the Coordinator has reason to believe contains information that might be 
excepted from disclosure under Section 21 or 22 of the Act to the applicant and a 
third party. 
 
 
4.7 
Public Interest 
 
 
 
The power to disclose information in accordance with Section 25 of the Act to the public, to 
an affected group of people or to an applicant: 
 
 
 
(a) 
about a risk of significant harm to the environment or to the health or safety of the 
public or a group of people, or  
 
 
 
(b) 
the disclosure of which is, for any other reason, clearly in the public interest. 
 

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Bylaw, 1994, No. 217 
 
 
 
 
4.8 
Information Protection 
 
 
 
(1) 
The power to protect personal information by making reasonable security 
arrangements against such risks as unauthorized access, collection, use, 
disclosure or disposal. 
 
 
 
(2) 
The duty to refuse to disclose information to an applicant if the disclosure is 
prohibited or restricted by or under another Act. 
 
 
4.9 
Commissioner's Orders 
 
 
 
The power to comply with an order of the Information and Privacy Commissioner. 
 
5. 
Fees 
 
 
An applicant making a request shall pay to the Municipality the fees set out in Schedule "A" for the 
purpose of: 
 
 
(a) 
locating, retrieving, and producing the record; 
 
 
(b) 
preparing the record for disclosure; 
 
 
(c) 
shipping and handling the record; 
 
 
(d) 
providing a copy of the record. 
 
6. 
This Bylaw shall come into force and effect upon proclamation of Stats B.C. 1992 c.46. 
 
 
 
 
READ A  FIRST TIME THIS 
 
15TH 
 
DAY OF 
NOVEMBER 
 
, 1994 
 
READ A SECOND TIME THIS 
 
15TH 
 
DAY OF 
NOVEMBER 
 
, 1994 
 
READ A  THIRD TIME THIS 
 
6TH 
 
DAY OF 
DECEMBER 
 
, 1994 
 
RECONSIDERED, FINALLY PASSED AND ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE 
CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 20TH DAY OF 
DECEMBER, 1994. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAYOR 
 
 
 
 
 
CLERK 
 

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Bylaw, 1994, No. 217 
 
 
 
BYLAW NO. 217 
 
APPENDIX 1 
 
Section Description 
 
6(1) 
 
The duty to assist applicants. 
 
8(2) 
 
The power to refuse to disclose to an applicant information that would reveal: 
 
 
 
(a) 
a draft of a resolution, bylaw or other legal instrument by which the local public body 
acts or a draft of a private bill, or 
 
 
 
(b) 
the substance of deliberations of a meeting of its elected officials or of its governing 
body or a committee of its governing body, if an Act or a regulation under this Act 
authorizes the holding of that meeting in the absence of the public. 
 
13 
 
The power to refuse to disclose information that would reveal advice or recommendations 
developed by or for a public body. 
 
14 
 
The power to refuse to disclose information subject to solicitor/client privilege. 
 
15 
 
The power to refuse to disclose information if the disclosure could reasonably be expected 
to harm a law enforcement matter or that would have any of the other results set out in 
Section 15 of the Act. 
 
16 
 
The power to refuse to disclose information if the disclosure could reasonably be expected 
to be harmful to intergovernmental relations or negotiations in accordance with Section 16 of 
the Act. 
 
17(1) 
 
The power to refuse to disclose information which could reasonable be expected to harm 
the financial or economic interests of a local public body or the government of British 
Columbia or the ability of that government to manage the economy including the matters set 
out in Section 17(1) of the Act. 
 
17(1.1)  
The power to refuse to disclose research information under Section 17(1.1) of the Act. 
 
18. 
 
The power to refuse to disclose information if the disclosure could reasonably be expected 
to result in damage to or interfere with the conservation of any of the things referred to in 
Section 18 of the Act (heritage sites, endangered species, etc.). 
 
19(1) 
 
The power to refuse to disclose information, including personal information about an 
applicant, where the disclosure could reasonably be expected to threaten anyone else's 
safety or mental or physical health or interfere with public safety under Section 19(1) of the 
Act. 
 
19(2) 
 
The power to refuse to disclose to an applicant personal information about the applicant if 
the disclosure could reasonably be expected to result in immediate and grave harm to the 
applicant's safety or mental or physical health under Section 19(2) of the Act. 
 
22 
 
The power to refuse to disclose personal information if disclosure would be an unreasonable 
invasion of a third party's personal privacy under Section 22 of the Act. 
 

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Bylaw, 1994, No. 217 
 
 
 
24 
 
The duty to make a decision and to give written notice of a decision under Section 24 of the 
Act. 
 
70 
 
The duty to make available to the public manuals, instructions, or guidelines issued to the 
offices or employees of the public body or substantive rules or policy statements adopted by 
the public body in accordance with Section 70 of the Act. 
 
71 
 
The power to prescribe categories of records that are in the custody or under the control of 
the public body and that are available to the public on demand without request for access 
under the Act, to require persons who ask for a copy of an available record to pay a fee to 
the public body in accordance with Section 71 of the Act. 
 
75(5) 
 
The power to excuse an applicant from paying all or part of a fee if, in the Head's opinion, 
the applicant cannot afford the payment or for any other reason it is fair to excuse payment 
where the record relates to a matter of public interest, including the environment or public 
health or safety. 

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Bylaw, 1994, No. 217 
 
 
 
BYLAW NO. 217 
 
SCHEDULE "A" 
 
SCHEDULE OF MAXIMUM FEES 
 
 
 
 
1. 
For applicants other than commercial applicants: 
 
 
(a) 
for locating and retrieving a record 
$7.50 per 1/4 hour after the first 3 
hours 
 
 
(b) 
for producing a record manually 
$7.50 per 1/4 hour 
 
 
(c) 
for producing a record from a machine  
 
 
readable record 
$16.50 per minute for cost of use 
of central mainframe processor 
and all locally attached devices 
plus $7.50 per 1/4 hour for 
developing a computer program 
to produce the record 
 
(d) 
for preparing a record for disclosure 
 
 
and handling a record 
$7.50 per 1/4 hour 
 
 
(e) 
for shipping copies 
actual costs of shipping method 
chosen by applicant 
 
 
(f) 
for copying records 
 
 
 
(i) 
photocopies and computer printouts 
$.25 per page (8.5" X 11", 8.5" X 
14"),  
 
 
 
 
$.30 per page (11" X 17") 
 
 
 
(ii) 
floppy disks 
$10.00 per disk 
 
 
 
(iii) 
computer tapes 
 $40.00 per tape, up to 2400 feet 
 
 
 
(iv) 
microfiche 
$10.00 per fiche 
 
 
 
(v) 
16 mm microfilm duplication 
$25.00 per roll 
 
 
 
(vi) 
35 mm microfilm duplication 
$40.00 per roll 
 
 
 
(vii) 
microfilm to paper duplication 
$.50 per page 
 
 
 
(viii) 
photographs (colour or black & white) 
$5.00 to produce a negative, 
 
 
 
$12.00 each for 16" X 20", 
 
 
 
$9.00 each for 11" X 14", 
 
 
 
$4.00 each for 8" X 10", 
 
 
 
$3.00 each for 5" X 7" 
 

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Bylaw, 1994, No. 217 
 
 
 
 
 
(ix) 
photographic print of textual, graphic  
 
 
 
or cartographic record  
 
 
 
(8" X 10" black and white) 
$12.50 each 
 
 
 
(x) 
hard copy laser print  
 
 
 
(black & white,300 dots per inch) 
$.25 each 
 
 
 
(xi) 
hard copy laser print (black & white, 
 
 
 
1200 dots per inch) 
$.40 each 
 
 
 
(xii) 
hard copy laser print (colour) 
$1.65 each 
 
 
 
(xiii) 
photomechanical reproduction of 
 
 
 
105 mm cartographic record/plan 
$3.00 each 
 
 
 
(xiv) 
slide duplication 
$.95 each 
 
 
 
(xv) 
plans 
$1.00 per square metre 
 
 
 
(xvi) 
audio cassette duplication 
$10.00 plus $7.00 per 1/4 hour of recording 
 
 
 
(xvii) 
video cassette (1/4" or 8 mm) 
 
 
 
duplication 
$11.00 per 60 minute cassette 
plus $7.00 per 1/4 hour of 
recording;  $20.00 per 120 
minute cassette plus $7.00 per 
1/4 hour of recording 
 
 
 
(xviii) 
video cassette (1/2") duplication 
$15.00 per cassette plus $11.00 
per 1/4 hour of recording 
 
 
 
(xix) 
video cassette (3/4") duplication 
$40.00 per cassette plus $11.00 
per 1/4 hour of recording 
 
2. 
For commercial applicants for each service 
 
listed in Item 1 
the actual cost of providing that service