The Edmonton Police Commission (Commission) supports the principle of reasonable public access to records in its custody or control and will release information as outlined in the Freedom of Information and Protection of Privacy (FOIPP) Act, RSA 2000, c. F-25 (Act).
Definitions:
FOIPP Coordinator – Means the person designated by the Commission responsible for the overall management of its access to information and protection of privacy functions and responsibilities.
Information – Information may mean, but is not limited to, operational or administrative records, knowledge, or data, regardless of how it is stored or kept. It can include electronic data, written or printed information, and verbal conversation.
Personal Information – Is defined in s.1(n) of the Act and is recorded information about an identifiable individual including, but not limited to, the individual’s name, home or business address or home or business telephone number, the individual’s race, national or ethnic origin, colour, religious or political beliefs or associations, the individual’s age, sex, marital or family status, information about the individual’s educational, financial, employment or criminal history, and anyone else’s opinions about the individual.
Record – Is defined in s.1(q) of the Act and means a record of information in any form and includes notes, images, audio-visual recordings, x-rays, books, documents, maps, drawings, photographs, letters, vouchers and papers and any other information that is written, photographed, recorded, or stored in any manner, but does not include software programs or packages or any mechanism that produces records.
Transitory Record – Is a record that has only immediate or short-term usefulness and will not be needed again in the future. Transitory records contain information that is not required to meet legal or financial obligations or to sustain administrative or operational functions and has no archival value.
Guidelines:
- The Commission, as a local public body under the Act, is designated as the Head of the Commission under Section 95(a) of the Act.
- Pursuant to Section 85 of the Act, the Commission delegates its duties, powers, and functions under the Act to the Executive Director of the Commission, who is designated as the FOIPP Coordinator for the Commission.
- Commission staff make every reasonable effort to assist applicants and to respond to each applicant openly, accurately, and completely.
- Commission records, management policies and procedures comply with the provisions of the Act that specify the manner in which personal information can be collected, used, and disclosed.
- In accordance with Section 3(e)(ii) of the Act, Commission records are filed, retained, and destroyed as set out in the Commission’s Policy 3.2.1 – Records Management.
- Commission staff record minutes of Commission meetings without note or comment. Upon Commission approval of the minutes as recorded, notes of Commission staff are destroyed. Notes kept to prepare the official minutes of the Commission are considered transitory records as well as other temporary information such as, but not limited to, messages, routing slips, post-it notes, envelopes, memos, notes, and messages (either paper, voice, or electronic).
- Under the Act, material considered in a public meeting of the Commission is available without making a request under the Act and includes agendas, minutes, and reports made to the Commission by the Edmonton Police Service (Service).
- Requests for information not routinely available at public meetings are subject to the Commission Fee Schedule (Appendix G – EPC FOIPP Procedures).
- Disclosure of records of public meetings that contain personal information is subject to the provisions of the Act.
Procedures:
- Requests for Disclosure of Commission Records under the Act:
- Applications for disclosure of Commission records that are not considered in public meetings are processed according to the provisions of the Act.
- Exceptions to disclosure are made in accordance with the provisions of the Act.
- The Commission FOIPP Coordinator determines whether a request can be processed informally or as a request under the Act.
- Fees for requests under the Act must be paid or waived before the records will be provided.
- Requests for personal information are provided free of charge unless the costs of producing a copy of the records exceed $10.00. Costs in excess of $10.00 are assessed in accordance with the Commission Fee Schedule (Appendix G – EPC FOIPP Procedures).
- An initial fee as set out in the Commission Fee Schedule (Appendix G – EPC FOIPP Procedures) must accompany requests for general information. Processing of a request does not commence until this fee has been paid or waive
- Upon receipt of the initial fee, the Commission’s FOIPP Coordinator provides the applicant with an estimate of the total fees to process the request. Processing of the request ceases until the applicant either agrees to pay the fees as estimated; receives approval to have the fees waived; or asks for a review under Part 5 of the Act.
- If the applicant chooses to cancel or abandon the request, the initial fee is non- refundable.
- Disclosure of Service reports made to the Commission:
- Notwithstanding that reports made by the Service to the Commission are in the custody of the Commission, the Service is considered to be the originator of any reports that are not provided by the Service at a public meeting of the Commission.
- Under Section 15 of the Act, requests for disclosure of reports made to the Commission by the Service will be transferred to the Edmonton Police Service FOIPP Unit coordinator and will be processed under their policies and procedures.
References:
- Appendix G – EPC FOIPP Procedures
- EPC Policy 3.2.1 – Records Management
- EPS policy IS2PO – Disclosure of Information Policy
- EPS Procedure IS2-1PR – FOIPP Procedure