Access to Records (FOI)

There are several categories of municipal records that are routinely available to the public without having to submit a formal request for access. These include regular open council meeting minutes, agendas, and  bylaws; policies; and annual reports.

All routinely available records are organized by department as listed below. These records are either linked to a website location or available through an informal request directed to the responsible department. 
•    Archives
•    Corporate Services (including Mayor, Council and Committees)
•    Development Services
•    Engineering and Public Works
•    Financial Services and Information Technology
•    Fire and Community Emergency Services
•    Human Resources and Community Relations (includes Economic Development)
•    Parks & Recreation
•    Strategic Initiatives  

If you prefer, here is the full list of routinely available records in alphabetical order by topic.
 

Most property information such as surveys, plans, and permits can be obtained by submitting an information request. These requests must be made in writing due to copyright and privacy laws. If you are not the registered property owner, an Agent Authorization Form is also required to process the request and if not submitted may limit access to records that may be released.

For further information on accessing house, building plans or permits, please contact Development Services staff at:
Tel: 250-414-7103
Email: development.services@esquimalt.ca
 

The Township only handles records requests for records held by the Township of Esquimalt.

Policing for Esquimalt is undertaken by the VicPD under a framework agreement. The Esquimalt Library is a branch of the Greater Victoria Public Library. Please direct your request to the appropriate contacts below:

VicPD
Freedom of Information - VicPD.ca
850 Caledonia Avenue
Victoria, BC V8T 5J8 
Attention: Information and Privacy Section
Email: foi@vicpd.ca 

Greater Victoria Public Library
735 Broughton Street
Victoria, BC V8W 3H2
Attention: Privacy Officer
(250) 940-4875
Email: privacy@gvpl.ca 
 

Depending on what you are looking for, you may not get access to all the information within the records that are encompassed by your request.

The Freedom of Information and Protection of Privacy Act (FIPPA) includes several specific exemptions to disclosure, which means that, by law, certain types of records and information are to be protected and not made available to the public. Some exemptions are mandatory while others are exercised at the discretion of the FIPPA Head based on the relevant circumstances surrounding the request.

For example, reasons for denying access to information held by the Township are generally related to the protection of:
•    Personal privacy
•    Business trade secrets
•    Solicitor-client privilege
•    Deliberations of Council and Council Committees that are authorized to be held in the absence of the public (i.e. Closed or “In Camera” meetings)
•    Policy advice, staff recommendations or draft regulations not yet made public
•    Information that may harm a law enforcement matter (this includes bylaw enforcement matters)
•    Information that may harm the financial interests of the Township or other public body.

If you do not get access to all the information you requested, you will be advised of the reasons and the section(s) of FIPPA on which you have been denied full access. If you are not satisfied with how the Township responds to your access to information request, you have the right to ask the Information and Privacy Commissioner of British Columbia to make a complaint or review the Township’s response.
 

Some records will require a formal written request under the Freedom of Information and Protection of Privacy Act. Some records contain information that can not be disclosed and some information that may be withheld subject to specific exemptions set out in the Act. The Act also sets out time frames for responding to access requests.

There is a non-refundable $10 fee for submitting a request unless you are requesting to see your own personal information. This fee may be waived for not-for-profit societies and in situations of hardship. Payment can be made by cheque or in-person by cash, cheque, debit, or credit card. At this time, payments can not be made through this online platform. Your request will be processed after the payment is received. The Freedom of Information Bylaw, 2012, No.2795 provides for maximum fees, as set out in the Act, which may be charged for processing the request. Staff will follow up with you should additional fees be applicable.

•    Request for Access to Records form – For Public Use
•    Request for Access to Records – For Police and Statutory Authority’s Use
•    Request for Correction of Personal Information Form

You can make your request by mail, or email or in-person. You can use the forms provided or you may also make a request without using these forms provided you do so in writing. Please ensure that you provide sufficient detail so that staff may readily identify the record(s) you are requesting, or the personal information you are requesting to be corrected. Either scan and submit the form or written request by email to foi@esquimalt.ca. You can also send the form by mail or drop off at the Municipal Hall at 1229 Esquimalt Road, Esquimalt, BC, V9A 3P1.

The Act outlines the time frames for responding to Freedom of Information requests. You will receive a letter of acknowledgement that we have received your request generally within 24 hours during business days. You should expect to receive a response to your request within 30 calendar days of making your request unless time extensions are authorized within certain circumstances such as if the request contains a significant number of records, involves third parties that must be consulted, or is too vague to identify which records are being requested. If more than 60 days are necessary to respond to the request, the Township can ask the Information and Privacy Commissioner for a further extension. If an extension is needed, you will be advised of the reason for the extension and when a response can be expected.

If you are not satisfied with how the Township responds to your access to information request, you have the right to ask the Information and Privacy Commissioner of British Columbia to make a complaint or review the Township’s response.

For further information, please contact:
The Township’s Privacy Team
Tel. 250-414-7177
foi@esquimalt.ca 
 

In British Columbia, your information and privacy rights are protected by law. Your right to request records and the protection of your personal information is laid out in the Freedom of Information and Protection of Privacy Act (FIPPA), which applies to more than 2,900 public bodies such as ministries, crown corporations, local governments, schools, hospitals, local police forces, and governing bodies.

Your access rights

You have the right to request access to records in the custody and control of the Township of Esquimalt. Many records are routinely available. FIPPA gives you the right to request records that contain your own personal information at no cost and to Request for Correction of your own  Personal Information. Some records require a formal request.

Your privacy rights

FIPPA sets out the rules the Township of Esquimalt must follow when handling your personal information, including:
•   Collection: There are rules that govern who can collect your personal information, how they can collect it, and when and how you must be informed.
•    Use:  You have the right to know how and why your personal information is being used by an organization or a public body. The general rule is that it must only be used for the same purpose for which it was collected.
•    Disclosure: Releasing or sharing your personal information is only permitted in very particular circumstances and requires lawful authority or your expressed consent.
•    Protection: The Township of Esquimalt must secure your personal information that we have collected against unauthorized access. You have the right to know who is responsible for protecting your personal information, and who can answer your questions.
•    Correction: You have the right to ensure that your personal information being used by the Township of Esquimalt is correct. You also have the right to request a correction.

Township Personal Information Banks

Section 69 of FIPPA requires public bodies to publish a directory of collected personal information. Personal information banks (PIBs) are descriptions of personal information that is organized and retrievable by an individual's name or by a number, symbol, or other element that identifies that individual. The PIB documents how the public body manages its personal information holdings. It also helps the public identify where their personal information is stored. Review the Township of Esquimalt’s PIB directory.