Policy 7.6.2 Freedom of Information and Protection of Privacy Procedure

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Procedure – Freedom of Information and Protection of Privacy Page 1 
 
Procedure: 7.6.2 
Approved By: Trust Council 
Approval Date: September 9, 1994 
Amendment Date(s):  December 9, 1995; September 23, 
2021 
Policy Holder: Legislative Services Manager 
 
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY PROCEDURE 
Purpose 
To outline the required steps to process a formal request to access records in compliance with the Freedom of 
Information and Protection of Privacy Act (the “Act”). 
A. Definitions 
 
”Day” does not include a Saturday, a Sunday or a holiday 
 
B. Procedure 
1.  Before a formal request is logged, the initial contact with an applicant is made by frontline 
staff. In consultation with the Deputy Secretary, frontline staff determines if the request is for 
routinely available records, or is a formal Freedom of Information (FOI) request. If a formal FOI 
request, the request must be received in writing (either on an official request form or by 
written letter or email) and submitted to the Deputy Secretary. If a trustee receives a formal 
FOI request, it must be forwarded to the Deputy Secretary. 
30 WORKING DAY CLOCK STARTS () 
2.  BY DAY 3 
2.1  The Deputy Secretary reviews the request to confirm that it is a formal access request. 
The request should be further defined or clarified at this time, if necessary, and any 
changes to the scope of the request must be documented. Request is logged, file is 
established, and a decision is made to determine if the request should be transferred 
to another public body. 
2.2  Deputy Secretary forwards an acknowledgement letter to the applicant (if transferring 
request, notify applicant of transfer), and the request is assigned to appropriate staff. 
3.  DAY 4 - 8 
3.1  Deputy Secretary retrieves and copies records requested where possible. If more 
clarification is required, call applicant. Liaison with staff or trustees may be required at 
this point to request copies of the responsive records or to determine the location of 
files/documents being requested. 
4.  DAY 9 

Procedure – Freedom of Information and Protection of Privacy Page 2 
4.1  Deputy Secretary conducts a preliminary assessment of the records and: 
4.1.1  Considers fee estimate. If fee deposit is applicable, Deputy Secretary sends 
notice to applicant, and suspends processing until deposit is received. 
4.1.2 Considers transferring request to another public body. Within 20 working days 
after a request for records is received the final decision on whether to transfer 
request to another public body must be made. Deputy Secretary sends notice 
of transferring an  access request at this time, if required. 
4.1.3  Considers if third party notice is required. Deputy Secretary sends notice to 
third parties if required in accordance with Section 23(3) of the Act.  The third 
party has 20 working days to respond. 
4.2  If third party notice is required, the time limit under Section 24 of the Act is in effect. If 
applicable, t

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