Freedom of Information

The Regional District of Central Kootenay (RDCK) is legislated under the British Columbia Freedom of Information and Protection of Privacy Act (the Act), which promotes accountability to the public and protection of personal privacy by:

  • Giving the public a right of access to records;
  • Giving individuals a right of access to, and a right to request correction of personal information about themselves;
  • Specifying limited exceptions to the rights of access;
  • Preventing the unauthorized collection, use or disclosure of personal information by public bodies; and
  • Providing for an independent review of decisions made under this Act.

Information that can be requested

The Act applies to all records in the custody or under the control of the RDCK, including a record that contains your own personal information.

A record is defined in the Act as “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 records.”

How to make a request

Start by making an informal request by contacting the department you think might have the information you are looking for.
If the information you are requesting is not available through routine channels, you may make a FOI request for records under the Act. To obtain access to a record you must make your request in writing. You may use our FOI Request Form, although it is not required.

Written requests can be made in the following manner:
By email: foi@rdck.bc.ca
By standard mail: Box 590, 202 Lakeside Drive, Nelson, BC V1L 5R4
By fax: (250) 352-9300
In person: 202 Lakeside Drive, Nelson, BC V1L 5R4

Make a Freedom of Information Request

Click here for the fillable FOI request form.

Fees for requests

Under section 75 of the Act, the RDCK may require you to pay a fee. A fee estimate will be sent to you before processing your formal request.

The RDCK will not charge fees for:

  • Access to your own personal information
  • The first three (3) hours spent searching for and retrieving records
  • The amount of time spent severing information from a record

In accordance with the RDCK Freedom of Information Bylaw No. 2525, 2016 the maximum fees are:

  • $7.50 per ¼ hour after the first 3 hours for locating, retrieving, and producing the record;
  • $7.50 per ¼ hour for preparing the record for disclosure;
  • Actual costs for shipping and handling the record;
  • $0.10 a page for copying a record.

It is important to keep the scope of your request as specific as possible to avoid incurring a fee and to ensure you receive records relevant to your request. Include specific date ranges, departments, document types, etc to narrow down the scope of your request.

How the RDCK will respond to requests

When you make an informal request, the department you approach will respond to you as quickly as possible.
The Act requires the RDCK to respond to your formal request for information within 30 business days of receiving it. A time extension may be required if the scope of the request is broad and/or complicated.  

The Act allows the RDCK to withhold information if the release would be an unreasonable invasion of privacy, or cause harm by one of the means listed in the Act, such as harming a law enforcement investigation or threatening anyone's health and safety.
Click here for a list of exemptions and exceptions to the Act.

If the RDCK denies access to any part of a record, you have the right to ask for a review by the British Columbia Information and Privacy Commissioner, an officer of the legislature who is independent of the government.

Office of the Information and Privacy Commissioner
P.O. Box 9038, Stn. Prov. Govt.
Victoria, BC V8W 9A4
Tel. (250) 387-5629
Fax (250) 387-1696

How the RDCK protects personal information

The Act protects personal privacy by restricting the collection, use and disclosure of personal information.

Collection

The RDCK only collects personal information when we have the clear authority to do so, or when the collection is necessary and directly related to the operation of a program or service. When we collect personal information, it must be done directly from the individual, unless we have the legal authority to collect the information from another source.

Use and Disclosure

The personal information must only be used for the purpose it was collected or for a use consistent with the reason it was collected. The RDCK may also use or disclose personal information in other ways but only if we have the legal authority to do so.

The RDCK may make an exception to this rule when we deem that releasing your personal informaiton would not be an unreasonable invasion of your privacy. For example, we often release your name and electoral area if you send a letter to the Board of Directors or staff within the organization.

If you have any questions or concerns regarding your personal informaiton for Freedom of Information requests, please contact the Privacy Officer:
202 Lakeside Drive, Nelson, BC, V1L 5R4
foi@rdck.bc.ca
250-352-6665

The content on this page was last updated October 5 2021 at 3:57 PM