Facing case backlog, B.C.’s information commissioner says office may need more money

Facing case backlog, B.C.’s information commissioner says office may need more money

Information and privacy commissioner calls on governments to give more information to public

Those seeking public documents from British Columbia government bodies are increasingly being told to wait – and wait again – for the information they seek.

That has led the province’s information and privacy commissioner to urge B.C.’s public bodies and governments to do better at providing public information to citizens without them having to ask. But as he calls on government to find ways to meet provincial law, commissioner Michael McEvoy is also considering whether he needs more resources to ensure his own office is dealing with cases in a timely manner.

“I think government can do a lot better job of proactively releasing information that doesn’t require people to be asking for,” McEvoy said in a recent interview with The News. Abbotsford mayor Henry Braun expressed a similar sentiment last month, suggesting that more information could be released proactively. The city, which has set money aside to digitize historic records, is on track to handle 600 Freedom of Information (FOI) requests.

The province’s FOI law applies to the provincial government, municipalities like Abbotsford, regional districts, public bodies like Fraser Health and WorkSafeBC, and Crown corporations like BC Hydro.

Those bodies have increasingly come to the Office of the Information and Privacy Commissioner (OIPC) to ask for more time to meet those FOI requests.

Under the provincial FOI law, governmental organizations have 30 days to comply with FOI requests. In some cases, the body has another 30 days to meet the request, but if the organization wants even more time, they must request such an extension from the OIPC.

In 2017/18, the OIPC received 1,638 time-extension requests from public bodies. This year, it’s on pace to receive about 6,000 – a nearly four-fold increase.

McEvoy noted that the law stipulates that B.C.’s FOI law requires governments and public bodies to make certain categories of records available without a request.

“I think they can all be doing a lot better at not waiting for the access requests but getting records proactively released to the public and put on their website, for example, so you can access them easily.”

In a statement to The News, the province’s Ministry of Citizens’ Services said the B.C. government’s rising number of extensions are the result of an increasing number of requests. The statement from the ministry said the rate at which requests to the provincial government are processed on time has actually increased in recent years. The statement only relates to requests to the provincial government.

The ministry said the province has “expanded the types of records available proactively and continues to look at ways to make even more records available without having to make a FOI request. We are also exploring new technologies to make responding to FOI requests more efficient and secure, and to help with large-volume requests.”

But the OIPC has also found itself unable to meet legislated timelines to resolve disputes over what information should be made public. Last year, the office dealt with 1,400 cases in which it was asked to review redactions made by a public body before records were redacted. Most cases are resolved informally, but around 90 end up before an adjudicator. Although the law states that the office has 90 days to wrap up such cases, full inquiries are taking more than a year to complete now. Only about half are dealt with in 90 days, according to McEvoy.

The News learned of the delays after requesting a review of sweeping redactions of an audit commissioned by Fraser Health that deals with cancer treatment in B.C. Although an investigator told the Provincial Health Services Authority that it was his opinion the body must not refuse to release the audit, the PHSA continues to fight the full release of the documents. That could send the case to an inquiry.

The News was asked for consent to extend the timeline. It did so only after being told that the file would be closed if no consent was granted. The News requested the audit five months ago, after writing about Carol Young, a terminal cancer patient who struggled to access treatment in Abbotsford. She died in late October.

RELATED: Provincial health body refuses to release full findings of cancer triage system audit

RELATED: Carol Young, an artist who fought for timely cancer treatment in Abbotsford, dies before first solo show

“It does take too long and it’s not fair to you as the applicant or public bodies or the organization,” McEvoy said. “There is an old expression, ‘Justice delayed is justice denied,’ and I believe that.”

The complexity of cases, and the size of requests given the use of email, has risen in recent decades and added to the time it takes to wrap up cases. “But also adding to time is a resource question,” McEvoy said.

He said his office has allocated more resources to inquiries and significantly boosted the number of adjudicators. McEvoy said he is hoping that will speed things up.

It’s still too early to say if those additions are helping, he said. If they aren’t, McEvoy said he may ask for more money from the legislative committee that sets his office’s budget.

“At the end of the day, it is the public’s information and the public has a right of access to it, subject to narrow limitations.”

Do you have something to add to this story, or something else we should report on? Email:
tolsen@abbynews.com


@ty_olsen
Like us on Facebook and follow us on Twitter

Just Posted

Two volunteers work to sieve a sample of sand and ocean water through a filter, capturing any potential microplastics. (Courtesy of Ocean Diagnostics)
Victoria startup making waves in microplastics research

New products from Ocean Diagnostics will make research faster, more affordable

Island Savings kick-starts the Equipped to Heal campaign with $120,000. (Courtesy Victoria Hospitals Foundation)
Latest Victoria Hospitals Foundation campaign targets $1M for mental health

Goal is to outfit new 19-bed unit at Eric Martin Pavilion

Willows Beach in Oak Bay. (Black Press Media file photo)
Seven days of sun set to shine on Greater Victoria

Special weather statement warns of higher than usual temperatures

Chef Trevor Randle leads a June 21 online cooking featuring recipes – beef zesty lettuce wraps, blueberry strudel and blueberry spritzer. (Courtesy We Heart Local BC)
Free online cooking course explores B.C. blueberries and beef

Chef Trevor Randle calls them the province’s most flavourful foods

Google Maps shows significant traffic backups after a crash reported shortly before noon on Father’s Day, June 20. (Google Maps)
Father’s Day crash in Saanich closes lane of McKenzie Avenue

Police say there were injuries, traffic impacted

Jesse Roper tackles weeds in his garden to kick off the 2021 season of What’s In My Garden Man? (YouTube/Whats In My Garden)
VIDEO: Metchosin singer-songwriter Jesse Roper invites gardeners into his plot

What’s In My Garden, Man? kicks off with the poop on compost

FILE – Most lanes remain closed at the Peace Arch border crossing into the U.S. from Canada, where the shared border has been closed for nonessential travel in an effort to prevent the spread of the coronavirus, Thursday, May 7, 2020, in Blaine, Wash. The restrictions at the border took effect March 21, while allowing trade and other travel deemed essential to continue. (AP Photo/Elaine Thompson)
Feds to issue update on border measures for fully vaccinated Canadians, permanent residents

Border with U.S. to remain closed to most until at least July 21

A portion of the George Road wildfire burns near Lytton, B.C. in this Friday, June 18, 2021 handout photo. THE CANADIAN PRESS/HO, BC Wildfire Service *MANDATORY CREDIT*
Blaze near Lytton spread across steep terrain, says BC Wildfire Service

Fire began Wednesday and is suspected to be human-caused, but remains under investigation

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

A Lotto 6/49 ticket purchased in Parksville for the June 19, 2021 draw is a $3M winner. (Submitted photo)
Winning Lotto 6/49 ticket worth $3M purchased on Vancouver Island

Lottery prize winners have 52 weeks to claim jackpot

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

Most Read