CLERK-002 -Active Dissemination Policy_2016ROUTINE ACCESS/ACTIVE DISSEMINATION POLICY
Title: Routine Access/Active Dissemination Policy
Subject: Routine Access/Active
Dissemination of City Documents
Policy No.: COS -CC -002
Effective Date: October 31, 2019
Area(s) this policy applies to: All City Service
Areas
Related Instruments: COS -CC -001,003,004,010
Revision History:
-revised April 2, 2019
Category: Policy
M&C Report No.: 2016-260
Next Review Date: (3 years)
Office Responsible for review of this Policy:
The Office of the Common Clerk
Policy Sponsors: Common Clerk
Document Pages: This document consists of 5
pages.
Common Clerk's Annotation for Official Record
I certify that the Routine Access/Active Dissemination Policy was
approved by Common Council on October 31St, 2016
April 2nd, 2019
Common Clerk Date
Contact: Common Clerk
Telephone: 658-2862
Email: commonclerk@saintjohn.ca
TABLE OF CONTENTS
1. POLICY STATEMENT................................................................................................................ 1
2. SCOPE..................................................................................................................................... 1
3. LEGISLATION AND STANDARDS............................................................................................... 2
4. ROLES AND RESPONSIBILITIES................................................................................................. 2
5. MONITOR AND REVIEW.......................................................................................................... 2
6. IMPLEMENTATION.................................................................................................................. 2
7. AUTHORIZATION.................................................................................................................... 3
8. RESOURCES............................................................................................................................ 3
9. PROCEDURES.......................................................................................................................... 3
10. GLOSSARY............................................................................................................................. 4
11. INQUIRIES............................................................................................................................. 5
12. APPENDICES......................................................................................................................... 5
ROUTINE ACCESS/ACTIVE DISSEMINATION POLICY
1. POLICY STATEMENT
The primary purpose of the Right to Information and Protection of Privacy Act (RTIPPA) is to provide the
public a formal right of access to records that are in the City's custody, or under its control, subject to
limited and specific exemptions to disclosure.
The City of Saint John is committed to being open and accountable to its residents, providing the public
with access to government information and to providing individuals with an opportunity to obtain
certain types of records without having to make a request under RTIPPA.
The City of Saint John shall provide greater public access to information by making certain records
routinely available in response to informal requests for access (Routine Disclosure) or by means of
periodically releasing certain records (Active Dissemination). These Routine Disclosure and Active
Dissemination (RD/AD) processes will not require the submission of formal access to information
requests under RTIPPA.
While the City may legitimately require that formal access requests be submitted in respect of certain
types of records for a variety of reasons, a practice of providing RD/AD for "everyday", non -confidential,
non-proprietary records is beneficial as it allows the City to:
• Proactively streamline the right to information process;
• Reduce staff time in responding to formal requests for information, resulting in greater cost
efficiencies;
• Assist in reducing administrative costs;
• Increase the availability and accessibility of information to the public;
• Provide greater accountability and transparency in its day-to-day operations; and
• Ensure a balance between providing greater access to City information while at the same time
protecting personal, proprietary and confidential information.
RD/AD is consistent with "access by design" principles and existing City practices to make certain
information available to the public, such as the online portal to City records and the Open Data
initiative.
2. SCOPE
This policy applies to all City staff and to all records in the custody and under the control of the City of
Saint John. Personal and constituency records of the City's elected representatives are not considered to
be in the custody and control of the City and therefore not subject to this policy.
3. LEGISLATION AND STANDARDS
• Regulation 2010-111 under the Right to Information and Protection of Privacy Act
• The City of Saint John: Privacy Policy
• The City of Saint John: Access Policy
• The City of Saint John: Information Management Policy
4. ROLES AND RESPONSIBILITIES
Employees — City employees must know and understand their obligations under this policy.
Managers — shall issue instructions to their staff in order to ensure the adherence to this policy and shall
designate appropriate staff to establish a listing of records subject to this policy.
Commissioners — along with the responsibilities noted above, Commissioners shall demonstrate a solid
commitment to access to information and to embedding access into the Service / Program Area. The
Commissioner is the final decision-making authority with regard to Routine Access.
Common Clerk—will provide advice and guidance to Elected Officials, Executive & Senior Management,
Service / Program Areas and employees with respect to Routine Access and will monitor and report on
the City's compliance with this policy.
5. MONITOR AND REVIEW
The Common Clerk will be responsible for monitoring compliance with this policy and conducting an
annual review of this policy.
6. IMPLEMENTATION
Council Policy Statements will be referred to the City Manager by resolution of Council. The City
Manager is directed by resolution to develop and implement the appropriate policy instrument.
The following resolution of Common Council was passed October 31, 2016:
5.12 That as recommended by the City Manager in the submitted report
M&C2016-260: Routine Disclosure /Active Dissemination Policy Statement,
Common Council adopt the Policy Statement as presented in Appendix A as a
component of the Information Management Policy Framework in accordance
with the Policy Framework adopted by Common Council on August 8, 2016.
7. AUTHORIZATION
The Right to Information and Protection of Privacy Act (RTIPPA) governs the collection, use and
disclosure of information by municipalities in New Brunswick. The purpose of RTIPPA is to provide a
right of access to information in the custody of and under the control of the municipality with the
principle that information should be made available to the public and that necessary exemptions from
the right of access should be limited and specific. The purpose of RTIPPA is also to protect the privacy of
individuals with respect to personal information about themselves held by institutions and to provide
individuals with a right of access to that information.
8. RESOURCES
The Office of the Common Clerk, Legal and Building Inspection Services collaborated in the development
of this Routine Disclosure / Active Dissemination Policy. The Policy is based upon best practices in the
field of Access & Privacy and significant research / consultation with municipalities in the provinces of
British Columbia, Ontario and Nova Scotia.
9. PROCEDURES
a) The Routine Disclosure / Active Dissemination Policy applies to all City employees and to all
records in the custody or control of the City that are designated as a Routine Disclosure
record or an Active Dissemination record.
b) The Routine Disclosure / Active Dissemination Policy will be posted on the City website.
c) All City employees will be advised of the Routine Disclosure / Active Dissemination Policy.
d) The Routine Disclosure / Active Dissemination Policy will apply to information created after
the effective date of the policy and after Routine Disclosure plans have been developed.
e) Service / Program Areas are responsible for developing a Routine Disclosure Plan that
identifies the type of records within their custody and control that may be accessed under
Routine Disclosure or Active Dissemination. The Common Clerk must review and approve
the Routine Disclosure Plans before they can become effective.
f) Service / Program Areas are required to keep a record of requests for Routine Access,
including the records provided or the response given, in order to enable an audit of
compliance with the policy.
g) The application of the Routine Disclosure / Active Dissemination Policy shall not
unreasonably interfere with the day-to-day operations of the City as determined at the sole
discretion of the Commissioner in charge of the Service / Program Area.
h) The Routine Disclosure / Active Dissemination Policy applies to requests for reasonable
quantities of records and does not apply to a request for more than 50 pages of records.
i) This policy does not apply to records mandatorily exempted from access under RTIPPA and
to any other records that the Common Clerk determines should be exempted.
j) Personal information will be severed using the same criteria and in the same manner as
requests made under RTIPPA.
k) A request for Routine Access to a particular record, or set of records, can be made in
writing, in person or by phone to the Commissioner of the appropriate Service / Program
Area.
1) If this policy applies to the requested records, the records shall be provided to the applicant
within a reasonable period of time, but no later than 30 days from receipt of the request.
m) If the policy does not apply to the requested records, a response to the applicant shall be
provided promptly and shall indicate to the applicant other means that may be available to
the applicant to obtain the information (namely, by filing a formal request under RTIPPA).
n) Individuals who apply under RTIPPA for records available under the Routine Disclosure/
Active Dissemination Policy shall have their requests redirected as appropriate.
10. GLOSSARY
Routine Disclosure / Routine Access
The routine or automatic release, in full or in part, of certain types of administrative or operational
records as a matter of course in response to a request without the need for an applicant to make a
formal request for records under RTIPPA.
Active Dissemination
The periodic and proactive release of information or records in the absence of a request using the
Internet, libraries or other mechanisms.
Formal Access
The release of a record in response to a formal written request made under RTIPPA.
Record
Record as defined in RTIPPA, means a record of information in any form, and includes information that is
written, photographed, recorded or stored in any manner, on any storage medium or by any means,
including by graphic, electronic or mechanical means, but does not include electronic software or any
mechanism that produces records.
The International Standards Organization defines a record as "information created, received, and
maintained as evidence and information by an organization or person, in pursuance of legal obligations
or in the transaction of business".
Routine Disclosure Plan
A document prepared by Service Areas identifying records available either by Routine Access or Active
Dissemination.
11. INQUIRIES
Questions with respect to the City's compliance with this policy may be directed to the applicable
Service / Program Area or the Common Clerk by calling (506) 658-2862 or by writing to
commonclerk@saintiohn.ca.
12. APPENDICES
• List of Records in Common Clerk's Office
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