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Freedom of Information

The Freedom of Information and Protection of Privacy Act (FIPPA) aims to make public bodies more accountable to the public and to protect personal privacy.

Freedom of Information (FOI) requests

FIPPA applies to all records in the custody or under the control of a public body, subject to exceptions identified in the act.

A record defined in the act includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces a record.

Routinely available records

Most of the information sought by the public is available and provided routinely. Information may be available online or by contacting the appropriate department. Routinely available records include, but are not limited to, council agendas, minutes and policies, annual reports and bylaws.

Formal requests

If the information you are seeking is not routinely available, a formal request must be made. Formal Freedom of Information, or FOI, requests must be made in writing. Your request must be clear and specific with enough detail for staff to locate and retrieve the records.

Section 75 of the Freedom of Information and Protection of Privacy Act allows application fees for costs associated with processing requests to access records under the Act. The city's Fees and Charges Bylaw establishes the maximum fees as set out in the Freedom of Information and Protection of Privacy Regulation Schedule of Maximum Fees.

The act prohibits public bodies from charging applicants for access to their own personal information. The act also states that the first three hours spent searching for and retrieving the records are free of charge. If the request includes a large volume of records to be searched, we will send you a fee estimate before proceeding with your request, which will require a deposit for us to proceed. 

To help reduce fees and to minimize taxpayers' expense, please narrow the scope of your request as much as possible. As well, you should try to specify a date range as our records date back many years.

Responses for informal requests

The department that receives an informal request will respond as quickly as possible. Some responses can be made over the phone.

Responses for formal requests

The Freedom of Information and Protection of Privacy Act, or FOIPPA, allows the city to withhold information if releasing it would be an invasion of privacy or cause harm by one of the means listed. If the city withholds any information, the FOI Head will tell you which section or sections under the act were used in making the decision.

If we deny access to any record, or portion, you may ask the British Columbia Information and Privacy Commissioner to conduct a review. 

The Freedom of Information and Protection of Privacy Act requires that the city respond to your request within 30 business days of receiving your request. We will make every effort to make the records available to you sooner if possible. Many requests are processed within 15 to 30 days. 

If your request is broad in scope or includes a large volume of records, we may extend the time limit for responding under Section 10 of the act, for up to an additional 30 business days. For very large and/or difficult requests we may apply to the British Columbia Information and Privacy Commissioner for an additional extension.

If you would like to access records you may use our FOI Application Form, deliver in person, mail or email your request as well to:

Legislative Services
City of West Kelowna City Hall
3731 Old Okanagan Highway,
West Kelowna, B.C., V4T 0G7

Reasons access may be denied

Reasons for denying access are generally related to the protection of:

  • Personal privacy
  • Business trade secrets
  • Solicitor-client privilege
  • Deliberations of council or committees that are authorized to be held in the absence of the public, also known as closed or in-camera meetings.
  • Policy advice, staff recommendations or draft regulations not yet made public
  • Information that may harm a law enforcement matter including bylaw matters
  • Information that may harm the city's financial interests

If we redact records or information, we will advise of the reasons and sections of the act on which full access was denied. If you are not satisfied with how the city responds to your request, you may ask the Information and Privacy Commissioner of British Columbia to review the city’s decision.

How we protect personal information 

The act protects privacy by restricting the collection, use and disclosure of personal information. Personal privacy rights only extend to individuals and do not include businesses, corporations, societies and other organizations.

The city only collects personal information when we have the authority to do so, or when the collection is related to and necessary for an operating program or service. We must only collect personal information directly from you, unless we have legal authority to collect the information from another source. These rules apply even if another government body holds the information.

The personal information we collect must only be used for the purpose it was collected for or for a use consistent with the reason it was collected. The act permits the use or disclosure of personal information in other ways, but only under very narrow circumstances. For example, when someone makes a bylaw complaint, we collect personal information to keep the complainant informed. A complainant's personal information is protected and not made public. The only time personal information would be disclosed to another public body is to comply with court orders and proceedings.

Privacy principles

  • Always identify the purpose for collecting personal information
  • Only collect information we need
  • Protect the information we collect
  • Dispose of personal information in a secure way

Collection of information

We collect information to conduct operations and provide services.

Collection protocols

Personally identifiable information

Your name, contact and other information may be collected when contacting us to provide city services.

Financial and payment information

Financial information is only stored for customers and vendors when provided for payment processing.

Digital images

Photos and videos may be taken at public events such as Canada Day celebrations, Light Up, Music in the Park concerts, Pop Ups on the Plaza programs and engagement activities and are used with permission except for large groups.

Utility usage

Data about water consumption supports billing, leak detection and other utility operations.

Permitting and licensing information

Personal information is collected when you apply for permits and licenses. Business contact information provided as part of an application is not considered personal information and may be made available to the public. Any personal information on a permit or license is available to the public.

Online or in person

When accessing a city service, visiting a municipal facility, filling out a form or a survey on our website, we obtain information to help serve you or get feedback. This might include personal information to help us further assist you. We will never sell or trade your information with anyone else.

Emails

When sending an email to a city email address, we will collect personal information that may be contained in the message. We will never initiate an email conversation asking for sensitive information such as banking or financial details.

Calls

We do not record phone calls. However, some information gathered during a call may be used to open a service request or to send an email to staff so they can further assist you, this may be a voice mail.

Public hearings

When you make a submission to council or speak at a public hearing, the correspondence and your name and address become part of the official record for that public hearing. Your personal contact information, such as email or phone number, will not be released publicly.

Uses

The information we collect will only be used for the purpose that it was collected. For example, we would not use an email address that you used to login to online services to send you city news. You would need to sign up separately to receive news. Your information will not be disclosed to third parties without your permission, except when it is required by law, as outlined it the act.

Security

Information is stored both in hard copy and electronically and only authorized staff has access, when needed and for the collected purposes.

Additional information

Whenever possible, we will provide details about what information we are collecting, the purpose for collecting it and how to accept or decline to provide us information. Possibly, if you decline to provide us with the necessary information we may not be able to assist or provide you with the service you are requesting.

Legislative Services
West Kelowna City Hall
3731 Old Okanagan Highway, 
West Kelowna, B.C., V4T 0G7
legislative.services@westkelownacity.ca 
778-797-2250

Contact Us

The City of West Kelowna 
3731 Old Okanagan Highway, 
West Kelowna, B.C., V4T 0G7

Email info@westkelownacity.ca
Call 778-797-1000
Contact a specific department 

 

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