Freedom of Information Requests
The Freedom of Information and Protection of Privacy Act (FIPPA) gives the public the right to access records held in the custody of public bodies in British Columbia. The law is designed to promote transparency and accountability by providing public access to records held by the district. A Freedom of Information (FOI) request is a formal, written request for access to records held in the custody of Comox Valley School District.
Types of Freedom of Information (FOI) Requests
An FOI request must specify the records being sought and provide a relevant timeframe. They are not intended for general inquiries or questions.
- Personal FOI Requests – These involve records containing personal information (e.g., employee or student records) and are exempt from fees involving an individual’s own personal information.
- General FOI Requests – These involve non-personal records (e.g., formal reports or audits) and are subject to fees.
What is a Record?
Under FIPPA, a record refers to any recorded information that is physical, digital, written, or audiovisual. This includes, but is not limited to:
- Books, documents, maps, drawings, photographs, letters, vouchers and papers
- Any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means
FIPPA does not apply to
- Computer programs or mechanisms used to generate records
- Records that are already publicly available
- Records that are available for purchase by the public
Records Available Without an FOI Request
The following records are available to the public on the Comox Valley Schools website and do not require an FOI request. This list includes but is not limited to:
- Reports – Comox Valley Schools
- Regular Board Meetings – Comox Valley Schools
- Board Policies – Comox Valley Schools
- Administrative Procedures – Comox Valley Schools
The following records are available to the public from the British Columbia Ministry of Education:
Requesting Student Records
While an FOI request may contain student information, a request for Student Records can be directed to the Principal of the school. A student record does not include a record prepared by a person if that person is the only person who will have access to the record. Reference Administrative Procedure 320 Student Records
When requesting student records:
- The student must provide consent or have a parent/guardian submit the request on their behalf.
- If the student is over the age of 12, their consent is required before records can be released.
- Legal requests may be directed to the Office of the Privacy Officer, privacy@sd71.bc.ca.
Requesting Employee Records
While an FOI request may involve employee records, a request to review your own personnel file can be submitted to the Director of Human Resources. Reference Administrative Procedure 402 Personnel Records
How to Make an FOI Request to the Comox Valley School District
All FOI requests must be submitted in writing and provide sufficient detail for staff to reasonably be able to locate and retrieve the requested records. When submitting an FOI request, please include the following:
- Be specific about the records you wish to obtain. Ensure the request is for records, not answers to questions.
- Provide a date range for the records search and include information about the record holders or program areas, if known.
- If requesting information on someone else’s behalf, include either (a) the individual’s signed consent, or (b) proof of your authority to act on their behalf, as required by section 5(1)(b) of FIPPA. To expedite processing, attach signed authorization when submitting the request.
How to Submit an FOI Request
You can submit an FOI request in two ways:
- Complete the Freedom of Information Request Form and submit it as an email attachment to foi@sd71.bc.ca
- Complete the Freedom of Information Request Form and mail it to Office of the Privacy Officer ATTN: FOI Request, 2488 Idiens Way, Courtenay, BC V9N 9B5
- If additional assistance is required call (250)334-5500 to make arrangements for accommodations.
Fees for FOI Requests
- A non-refundable application fee of $10 is required for General FOI requests.
- Additional service fees may apply for General FOI requests depending on the size and complexity of the request, as outlined in Section 75 of FIPPA. These fees cover the cost of locating, retrieving, and disseminating records.
- There are no fees associated with Personal FOI requests.
Payment methods
Payment details will be provided after the FOI request is submitted. Payments can be made via E-transfer, Cash or Cheque.
Response Time
Under FIPPA, Comox Valley School District must respond to FOI requests within 30 business days of receiving a valid request. However, for more complex requests, additional time may be needed, as permitted under Section 10 of FIPPA. Requesters will be notified in advance if delays are expected.
If any records cannot be fully disclosed, the Requester will be informed of the specific exemptions under FIPPA that apply to the request.
Additional Information
For more details about the FOI process, please contact foi@sd71.bc.ca
Reference
Comox Valley School District Privacy Management Program
Comox Valley School District Administrative Procedure 180 Freedom of Information and Protection of Privacy Requests