Residents in small towns across British Columbia may face unnecessary barriers when trying to access public records, a new report from the province’s Information and Privacy Commissioner has found.
The Office of the Information and Privacy Commissioner (OIPC) released Investigation Report 25-01, which examined how municipalities handle requests for public information. The findings revealed significant inconsistencies in the way towns and cities process freedom of information (FOI) requests, proactively release records, and determine which documents are available for purchase.
Michael Harvey, B.C.’s information and privacy commissioner, said the right to access information is fundamental to democracy and transparency.
“Our access to information is at the heart of transparency and accountability. By making as much of the information they hold as available as possible, public bodies empower people to better understand the decisions that impact their lives,” Harvey said in the report.
The OIPC surveyed 160 municipalities between September and October 2024, examining how they handle FOI requests, proactive disclosure, and records made available for purchase. The survey found that while some municipalities follow best practices, others lack clear policies, leaving residents confused or forced to pay for records that should be freely accessible.
The report found that only 28 per cent of municipalities employ dedicated FOI staff. The remaining 72 per cent assign FOI requests to corporate officers or other employees with multiple duties, which can cause delays.
Municipalities are not required to charge FOI fees, but 27 per cent do, with most setting the application fee at $10. The investigation found that 57 per cent of those municipalities never waive the fee, even for Indigenous organizations or residents facing financial hardship.
A lack of modern payment options also created barriers for residents. The report identified 12 municipalities that only accept FOI payments in person or by mail, preventing applicants from paying online or by phone. Harvey said this restricts access, particularly for those who live in rural areas or have mobility challenges.
Under section 71 of the Freedom of Information and Protection of Privacy Act (FIPPA), municipalities are legally required to proactively publish certain records without requiring residents to file an FOI request. The report found that 24 per cent of municipalities wrongly claimed they do not disclose records proactively. However, a review of their websites revealed that they do.
Many staff members appeared unaware of their own town’s obligations, leading to misinformation and unnecessary FOI requests from the public. The most commonly disclosed records include meeting agendas, budgets, bylaws, zoning information, and financial statements.
The report found that inconsistent staff knowledge was a major issue. Some municipal employees incorrectly told residents that records were unavailable or required a formal request when the information was, in fact, public.
The investigation found major differences in what towns charge for public records. Some municipalities provide fire reports, tax certificates, property information, and planning documents for free through FOI requests, while others require residents to purchase them.
The cost of purchasing records varied widely. Fire inspection reports ranged from $40 to $225, with an average cost of $121.14. Some municipalities required written requests and staff intervention before granting access to records, which the OIPC said mirrored the FOI process without the legal oversight of FIPPA.
The report found no clear provincial standard for which records should be proactively disclosed, accessed through FOI, or made available for purchase. The OIPC called on the provincial government to clarify these rules to prevent municipalities from unfairly charging for information that should be free.
The OIPC made four key recommendations to improve access to public records across B.C.
The report called on municipalities that charge an FOI application fee to offer online or phone payment options instead of limiting payments to in-person or mail transactions. The OIPC also urged municipalities to provide mandatory staff training on FIPPA requirements, proactive disclosure policies, and how to help residents access public information.
Municipalities should clearly define and publish the categories of records available without an FOI request, ensuring residents know which documents can be accessed online or in person.
The report also recommended that the provincial government establish clear rules on which records should be proactively disclosed, accessed through FOI, or made available for purchase. This would prevent unfair pricing disparities across municipalities.
Understanding BC Town Public Information Access
The report found that small-town residents may have a harder time accessing public records compared to those in larger municipalities. The lack of consistency in FOI fees, payment options, and records for purchase creates unnecessary barriers for residents trying to stay informed about local government decisions.
The OIPC emphasized that municipalities must do more to ensure transparency and accountability at the local level.
“Municipal records tell the stories of our communities,” Harvey said. “It is critical that municipalities commit to transparency and accountability in how they manage public access to information.”
The full Investigation Report 25-01 is available on the OIPC’s website.