COMMUNITY CHARTER

(BILL 14)

Under Section 95 of the Community Charter, the council may provide public access to certain records of the municipality.  Section 97 however addresses other records of the municipality to which public access must be provided.

Excerpt re Section 95 of Community Charter: Public access to municipal records:

95 (1)  In addition to the public access provided by the Freedom of Information and Protection of Privacy Act, a council may, by bylaw, provide for public access to its records and establish procedures respecting that access.

95 (2)  If an enactment requires that a municipal record be available for public inspection, that obligation is met by having the record available for public inspection at the municipal hall during regular office hours.

95 (3)  If a municipal record is available for public inspection, a person may have a copy made of all or part of that record on payment of any applicable fee established by the council under Section 194 [municipal fees].

95 (4)  A person inspecting a record of a municipality must not, without authorization, remove the record from the place where it has been provided for inspection.

95 (5) An obligation or authority under this Act to provide public access to a municipal record does not apply to records that must not be disclosed un the Freedom of Information and Protection of Privacy Act.

Excerpt re Section 97 of the Community Charter: Other records to which public access must be provided.

97 (1)  The following municipal records, or copies of them, must be available for public inspection:

(a)               all bylaws and all proposed bylaws that have been given first reading;

(b)               all minutes of council meetings, other than a meeting or part of a meeting that is closed to the public;

(c)               all minutes of meetings of bodies referred to in section 93 [application of rules to other bodies], other than a meeting or part of a meeting that is closed to the public;

(d)               the annual municipal report under section 98 [annual municipal report];

(e)               all disclosure statements under section 106 [disclosure of gifts];

(f)                 the report under section 168 [council remuneration, expenses and contracts];

(g)               the written disclosures referred to in section 6(1) [disclosures by council members and nominees] of the Financial Disclosure Act;

(h)               any applicable agreements under section 9(5) [concurrent authority agreements].

97 (2)  The obligation under subsection (1) is met if the record is made available at the municipal hall within 7 days after it has been requested.

Q&A Freedom of Information and Protection of Privacy Act [RSBC 1996] CHAPTER 165