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HomeMy WebLinkAbout24 100 - Routine Disclosure Policy By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Being a By-law to Adopt a Routine Disclosure and Active Dissemination Policy for The Corporation of the Municipality of Kincardine Whereas pursuant to the said Municipal Act, Sections 8 and 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; and Whereas the Council of the Corporation of the Municipality of Kincardine desires to adopt a new Routine Disclosure and Active Dissemination Policy; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That the Routine Disclosure and Active Dissemination Policy for The Municipality of Kincardine, attached hereto as Schedule `A' and forming part of this By-law be adopted. 2. That this By-law shall come into full force and effect upon its final passing. 3. That all other Policies passed by By-law and Resolution inconsistent with this By- law, be repealed. 4. That By-law may be cited as the "Routine Disclosure and Active Dissemination Policy By-law". Read a First, Second and Third Time and Finally passed this 26' day of June, 2024. Kenneth Craig Signed with ConsignO Cloud (2024/07/01) Verify with verifio.com or Adobe Reader. Mayor Jennifer Lawrie Signed with ConsignO Cloud (2024/07/02) • Verify with verifio.com or Adobe Reader. Clerk Page 2 of 5 Routine Disclosure and Active Dissemination By-law By-law No. 2024 - 100 Policy No.: LS.04 Section: Your Government and People Policy Title: Routine Disclosure and Active Dissemination Policy Adopted Date: June 26, 2024 By-law No.: 2024 - 100 Revision Date: 1. Purpose The Municipality of Kincardine (the Municipality) is committed to improving customer service and streamlining the process of public access to records and information. The purpose of this policy is to provide guidelines for dealing with public requests for municipal records and information by the Municipality of Kincardine. The Routine Disclosure and Active Dissemination Policy clearly identifies types of records that can be released, subject to the appropriate conditions, without requiring a Freedom of Information (FOI) request. The goals of this Policy include, but are not limited to, the following: • To improve public accessibility to Records and Information; • To improve transparency and accountability through streamlining the access to Information process; • To aid departments in adhering to Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) requirements; • To reduce staff time and costs in responding to FOI requests; • To identify records and information that are of interest to the public; and • To ensure the protection of Personal and Confidential Information in accordance with the Municipal Act and the MFIPPA. 2. Scope This policy applies to all Members of Council, staff, volunteers, and members of all committees and boards. It applies to all records in the custody and/or under the control of the Municipality. This policy does not apply to records or information subject to the exemptions outlined in MFIPPA. The Municipality will not disclose personal or confidential information through the Routine Disclosure or Active Dissemination process. Requests for personal or confidential information must be submitted through the FOI request process. This policy shall be interpreted in a manner that is consistent with the Municipality's obligations under MFIPPA and related Municipal records policies. 3. Definitions "Active Dissemination" means the periodic release or publication of municipal records and information in the absence of a formal request. "Confidential Information" means any information that is subject to the exemptions to disclosure found in MFIPPA or the Municipal Act, and that, if disclosed, could result in loss or damage to the Municipality or could give the person who it is disclosed an advantage. Includes information received in confidence to the Municipality. "Control" of a record means the power or authority to make a decision about the use or disclosure of a record. "Custody" of a record means the keeping, care, watch, preservation or security of a record for a legitimate business purpose. Physical possession of a record may not always constitute custody. "Freedom of Information" or "FOI" means a formal request made in writing addressed to the Municipality under Municipal Freedom of Information and Protection of Privacy Act. "MFIPPA" means the Municipal Freedom of Information and Protection of Privacy Act. "Municipality" means The Corporation of the Municipality of Kincardine. Page 3of5 Routine Disclosure and Active Dissemination By-law By-law No. 2024 - 100 "Official Record" means recorded information in any format that provide evidence of the Municipality's decisions and decision -making policies, procedures, services, operations (including transactions, activities, etc.). "Personal Information" has the same meaning as in MFIPPA and means recorded information about an identifiable individual, including, a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual; b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; c) any identifying number, symbol or other particular assigned to the individual; d) the address, telephone number, fingerprints or blood type of the individual; e) the personal opinions or views of the individual except if they relate to another individual; f) correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; g) the views or opinions of another individual about the individual; and h) the individual's name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual. "Record" has the same meaning as in MFIPPA and means any record of information however recorded, whether in print form, on film, by electronic means or otherwise, and includes, a) correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a sound recording, a videotape, a machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof; and b) subject to the regulations, any record that is capable of being produced from a machine readable record under the control of an institution by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the institution; ("document"). "Retention Period" means the period in which records must be kept by the Municipality before they can be disposed of in accordance with the Municipality's Records Retention Schedule as amended from time to time. "Routine Disclosure" means the routine or automatic release of certain records and information in response to information requests not made under MFIPPA. "Staff" means all full-time, part-time, temporary, seasonal, students and staff hired on a contract basis for a defined period of time, of the Municipality. "Third Party Information" means personal information or a person other than the requestor or scientific, technical, commercial, financial, or labour relations information supplied in confidence by someone other than the requestor or the Municipality of Kincardine. 4. Responsibility The Manager of Legislative Services/Clerk is overall responsible for this policy and will work closely with other departments, Council and advisory committees and local boards during its implementation. It is the responsibility of all staff members of the Municipality of Kincardine to understand and follow the Routine Disclosure and Active Dissemination Policy when records are being requested. Requests for information subject to this Policy will be directed to the applicable department for response. Each department will utilize Schedule A "Records Available Via Routine Disclosure and Active Dissemination" to properly identify records and information that may be released and under what conditions. Applicable departments will acknowledge and respond to requests made under the Routine Disclosure and Active Dissemination Policy within a reasonable timeframe subject to staff workload. Page 4 of 5 Routine Disclosure and Active Dissemination By-law By-law No. 2024 - 100 5. Procedure/ Policy a. Requests for Routine Disclosure i. Requests for records or information made under this policy should be directed to the department responsible for the records (Responsible Department). ii. Records or information identified in Schedule A "Records Available Via Routine Disclosure and Active Dissemination" may be provided to the public directly by the department responsible for those records, in accordance with the conditions outlined in this Policy and any appropriate legislation. iii. Records containing personal or confidential information will not be disclosed to anyone other than the party to whom the information pertains unless authorized by this Policy, a by-law or applicable legislation. iv. Requests may be submitted verbally or in writing. However, the Municipality reserves the right to require that the request be submitted in writing where the request is unclear or where the information being requested is of a personal, confidential, detailed or sizable nature (e.g. will involve excessive staff search time and/or result in the scanning or copying of more than 100 pages). v. When a request must be submitted in writing, the requestor must utilize the Request for Routine Disclosure of Records Form created by the Legislative Services Department and address it to the attention of the responsible department. vi. Despite subsection 5 a (i), the Municipality reserves the right to require at any time that requesters make their requests through a single point of contact as determined by the Municipality. vii. If an individual requests records or information pertaining to themselves or their property through routine disclosure, Staff shall confirm their identity through government issued photo identification prior to releasing the records. viii. Despite subsection 5 a (vii), Staff may release Information to an authorized agent of the individual provide authorization is received in writing. ix. Fees, per the Rates and Fees By-law, may be charged for the reproduction of records released as well as time spent by Staff searching for and processing records in response to a request. x. Municipal Records are disposed of in accordance with the Municipality of Kincardine's Records Retention By-law. The Municipality is not required to re- create or restore records that have been appropriately destroyed. A. The Municipality is not required to provide information discussed but not recorded or create information that does not otherwise exist. xii. Staff will endeavour to complete requests for records and information made under this policy within 30 calendar days. xiii.In cases where the request cannot be completed within 30 calendar days, the requestor will be notified and provided with an estimated timeline for response. xiv.The Municipality has the authority to deny any request for routine disclosure or active dissemination and/or withhold portions of any requested record, as permitted under MFIPPA. xv. If a request for routine disclosure is denied, the requestor must be informed of their right to submit an FOI request. xvi. Staff shall direct a requestor to make an FOI request if: a) Records relate to a matter that my result in litigation; b) Records are supplied by a third party; c) Records contain solicitor -client information; d) Records contain personal information for individuals other than the requester; and/or e) Records contain other confidential information. xvii. Requests that are repetitive and substantial, small numerous requests or requests made to various departments for the same information, will be directed to the Manager of Legislative Services/Clerk or their designate. xviii. If Staff receives a request for records or information and are unsure of whether they can be released under this Policy, they should consult with the Manager of Legislative Services/Clerk or their designate prior to releasing any records or information to the requestor. Page 5 of 5 Routine Disclosure and Active Dissemination By-law By-law No. 2024 - 100 b. Members of Council A Member of Council requesting access for Records or Information through this policy will be provided the same right of access as the public. If the requested records or information are not available for Routine Disclosure or Active Dissemination, the Council Member may submit an FOI request and the Manager of Legislative Services/Clerk will apply MFIPPA in the normal manner to determine whether access may be granted. C. Active Dissemination The Municipality uses the Municipality's website, social media accounts, publications, and local media regularly and periodically to actively disseminate information to the public. A list of records and information that may be released under active dissemination is contained in Schedule A "Records Available Via Routine Disclosure and Active Dissemination". Records that have been identified for active dissemination can be made available using the most appropriate method, as determined by the department in consultation with the Communications Coordinator and Manager of Legislative Services/Clerk or their designates as appropriate. d. Requests from Law Enforcement Agencies The Manager of Legislative Services/Clerk or their designate will be responsible for acknowledging and responding to requests for records from law enforcement agencies. e. Accessible Formatting The Municipality will make every attempt to provide requested records and information in an accessible format. Applicants may contact the Municipality if an alternative format is required. f. Freedom of Information Requests All FOI requests submitted to the Municipality shall be directed to the Manager of Legislative Services/Clerk for processing, in accordance with the MFIPPA. 6. Related Policies a) By-law No. 2019-031 Record Retention By-law b) Records and Information Management Policy GG.3.12 7. Related Documents/Legislation a) Municipal Act, 2001, S.O. 2001, c. 25 b) Municipal Freedom of Information and Protection of Privacy Act. Schedule A: Records Available Via Routine Disclosure and Active Dissemination This listing identifies Records and Information that may be released under either routine disclosure or active dissemination by the Municipality of Kincardine. This listing may not be exhaustive or complete and may be updated at any time by the Manager of Legislative Services/Clerk in consultation with the relevant department. AD = Active Dissemination (e.g. posting on website, pamphlets, social media, etc.) RD = Routine Disclosure (e.g. Information Records request submitted verbally or in writing using the appropriate request form) Schedule A: Records Available via Routine Disclosure (RD) or Active Dissemination (AD) Record Type Access Method AD or RD Responsible Department Conditions of Release Legal Responsibility Accessibility Plan and Website AD Legislative Services None Accessibility for Ontarians Policies with Disabilities 2005, S.O. 2005, c. 11 Agendas and Minutes Website AD Legislative Services Excludes drafts agendas Municipal Freedom of of Council, and minutes and Information and Committees, and Closed Session, Protection of Privacy Act, Local Boards - minutes, agendas and R.S.O. 1990, c. M.56; including Staff materials. Municipal Act, 2001 Reports Agreements and Website RD Legislative Services Excludes drafts and Municipal Freedom of Contracts passed by confidential Information and By-law agreements. Personal Protection of Privacy Act, information may be R.S.O. 1990, c. M.56 redacted. Audit Reports, Website/Request AD/RD Financial Services Excludes drafts and Municipal Act, 2001, C.25 Financial Statements, working documents. Budget Assessment Rolls In Person Only RD Financial Services Property Assessment Assessment Act, R.S.O. Information can only be 1990, c. A.31 viewed at the Municipal Office through the Municipal Property Assessment Corporation (MPAC) books Tenders: Results and Request RD Various Departments Tender results will be Purchasing and Bidder names and provided upon request Procurement Policy total amounts and include the name GG.2.17 of the bidder(s) and total bid amount(s). Excludes RFP's and RFQ's. Schedule A: Records Available via Routine Disclosure (RD) or Active Dissemination (AD) Bids and Tenders Website AD Various Departments Public notice of Purchasing and Contract Award for contract award for Procurement Policy Contracts over $100K contracts > $100K. The GG.2.17 notice of contract award must be published on our website no later than 72 days following the execution of the contract. Building Inspection Request RD Development Services Provided to the Municipal Freedom of Reports, permits, property owner or Information and plans (architectural, representative with Protection of Privacy Act, structural, authorization. Personal R.S.O. 1990, c. M.56; mechanical) information for Copyright Act (R.S.C., previous owners will be 1985,C. C42) redacted. By-laws Website/Request AD/RD Legislative Services Excludes draft by-laws Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56; Municipal Act, 2001 By-law Enforcement Request AD/RD Legislative Services Excludes identity or any Municipal Freedom of statistics i.e. general other personal Information and number of information regarding a Protection of Privacy Act, occurrences, yearly by-law enforcement R.S.O. 1990, c. M.56; comparisons matter, details about Municipal Act, 2001 investigations or enforcement of complaints. Cemetery Register Request RD Operations Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, C.33 Schedule A: Records Available via Routine Disclosure (RD) or Active Dissemination (AD) Committee of Website/Request AD/RD Legislative Services Minutes and agendas Planning Act, R.S.O. 1990, Adjustment Minutes, may be on the c. P.13 Agendas, Notices and municipal website, Decision other records may be requested. Excludes drafts and working documents. Community Services Website RD Community Services Excludes personal Municipal Freedom of programs and events, information for Information and facility rental fees, participants of Protection of Privacy Act, program information recreation programs. R.S.O. 1990, c. M.56; and fees Municipal Act, 2001 Contracts - Quarterly Website AD Corporate Services Report to Council Purchasing and Information Report to includes date of award, Procurement Policy Council for contracts name of contractor, GG.2.17 valued at $50,000 or type of good/service, higher and contract value Corporate Policies and Website/Request AD/RD Chief Administrative Officer Many policies affecting N/A Procedures the public can be found on the website. Other policies may be requested by RD. Excludes internal or departmental written policies or procedures Corporate Request RD Chief Administrative Officer I Excludes personal N/A Organization Chart information Schedule A: Records Available via Routine Disclosure (RD) or Active Dissemination (AD) Council Remuneration Website AD Financial Services An FYI report can be Municipal Act, 2001, C.25 found in the Council agenda and includes only final statements of remuneration prepared under section 284 of the Municipal Act Declaration of Website/Request AD Legislative Services Declaration of Interest Municipal Conflict of Pecuniary Interest Registry is on the Interest Act, R.S.O. 1990, Registry Municipal website. C M.50. Individual Forms are available for RD from Legislative Services Department Development Services Website RD Development Services An FYI report can be N/A Report found in the Council agenda Drinking Water Request RD Environmental Services Information can be O. Reg 170/03: Drinking System Information available for inspection Water Systems per O. Reg 170/03: during normal business Drinking Water hours without charge Systems Section 12 (1) Drinking Water Request RD Environmental Services Information can be Safe Drinking Water Act, Quality Management available for inspection 2002 Standard (DWQMS) during normal business Operation Plan and hours without charge Policy (exluding internal procedures and appendices) Schedule A: Records Available via Routine Disclosure (RD) or Active Dissemination (AD) Drinking Water Request RD Environmental Services Information can be 0. Reg. 453/07: Financial Financial Plans available for inspection Plans during normal business hours without charge Elections - Candidate Website AD Legislative Services Records may be viewed Municipal Elections Act, Financial Statements for the current term of 1996, S.O. 1996, c.32 Council Elections- Nomination In Person Only RD Legislative Services Record may be viewed Municipal Elections Act, Forms from the date of 1996, S.O. 1996, c.32 submission until 120 days following the election period Emergency Plans Request RD Emergency Services Excludes plans Emergency Management respecting continuity of and Civil Protection Act, operations or services. R.S.O. 1990, Chapter E.9 Environmental Website AD Environmental Services Report found on Safe Drinking Water Act, Services Compliance Council Agenda. 2002 Report Fire Incident Report Request Form RD Emergency Services Fees apply. Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 Heritage Property List Website AD Legislative Services Excludes personal Ontario Heritage Act, and Register information regarding R.S.O. 1990 c. 0.18 current and previous property owners. Land Surveys Request RD Development Services Provided to the Copyright Act (R.S.C., property owner with 1985,C. C42) identification or representative with authorization. Schedule A: Records Available via Routine Disclosure (RD) or Active Dissemination (AD) Location and Transnomis RD Operations Department N/A scheduling of road Notifications maintenance and construction Location of Water Request RD Environmental Services Fees apply. N/A Lines Lottery Licences Request RD Legislative Services Personal Information Order in Council 1413/08 redacted Official Plan and Website AD Development Services Planning Act, R.S.O. 1990, Zoning By-law c. P.13 Permits and Permit Request AD Development Services Provided to the N/A Applications including property owner or plans and drawings representative with including building authorization. Personal permits, septic information for permits, etc. previous owners will be redacted. Plans - Strategic Plan, Website/Request RD Various Departments Excludes drafts and N/A Cycling Plan, Water & working copies. Wastewater Plan Property Tax Request Form RD Financial Services Provided to the Municipal Act, 2001, C.25 Certificates (including property owner with statement of account, identification or statements of taxes representative with paid, etc.) authorization. Fees Apply Schedule A: Records Available via Routine Disclosure (RD) or Active Dissemination (AD) Site Plan Control Land Registry Office RD Development Services Finalized agreements Planning Act, R.S.O. 1990, Agreements that are not registered c. P.13 on title are available to be viewed at the Municipal Office. Draft agreements cannot be viewed, copied or released. Excludes studies utilized to create the final agreement Souce Water Request RD Environmental Services Information can be Clean Water Act, 2006, Protection available for inspection S.O. 2006, c. 22 Information per the during normal business Clean Water Act, 2006 hours without charge Various Certificates Request RD Development Services Provided to the (Utility, Zoning property owner with Compliance etc.) identification or representative with authorization. Fees Apply Wastewater: spills, by- Website AD Environmental Services pass or overflow information (2 years) Wastewater Financial Request RD Environmental Services Information can be Plan available for inspection during normal business hours without charge Schedule A: Records Available via Routine Disclosure (RD) or Active Dissemination (AD) Wastewater: ECA's, Lab Results and monthly summaries, ministry inspections and orders and egineering reports Request RD Environmental Services Information can be available for inspection during normal business hours without charge Wastewater Annual Website AD Environmental Services Reports Water Rates Website RD Environmental Services Water usage, billing and Municipal Freedom of account information Information and provided to the Protection of Privacy Act, property owner and R.S.O. 1990, c. M.56; tenants of the property Municipal Act, 2001 or representative with authorization. Personal information for previous owners will be redacted.