icra BC VW O87 Fan 866860453 November 24, 2010 vo erin ae Mr. Chad Skelton, Reporter our fle: FoIPP #2010-023 ‘The Vancouver Sun 1-200 Granvile Street Vancouver, BC VEC 3N3 Dear Mr. Skelton: Re: Request under the Freedom of Information and Protection of Privacy Act British Columbia Ferry Services Inc. (“BC Ferries") recelved your request for access to Information under tha Freedom of information and Protection of Privacy Act (the FOIPP Act) on September 30, 2010. Your request was for: ‘A.copy of any intemal reports, memos, briefing notes or media lines produced by or for BC Ferries since November , 2009, on how the Corporation should respond to the comptroller-general’s report On October 21, 2020, we provided you with a fee estimate of $338.69 for this request. By letter dated October 26, 2010, you asked that these fees be waived. We have considered your suggestion that President and CEO David Hahn's “pay, and the comptroler-general’s report into it, is of intense public interest” and that "The records requested will reveal how BC Ferries planned to respond to the questions being raised ‘bout how it was managed and how its executives and board members were compensated”. [BC Ferries has exercised its discretion and has decided not to waive these fees. Some of the factors we have relied upon are as follows. In our view, the subject of these records hhas not been a matter of recent public debate. Instead, the comptrolier-general’s report was released a year ago and the British Columbia government has since amended the Coastal Ferry Act In addition, information related to executive compensation is already Covered by another request (Fequest 2010-001), for which you have already been notified We will waive fees. With respect, these records are primary of interest to you as the Applicant (you have indicated you intend to publish "any newsworthy information the records contain) but they are nat in the public interest. In your letter of October 26, 2010, you also indicated that you believe that BC Ferries “incorrectly charged Tne Vancouver Sun fees as a ‘commercial applicant’ despite O1PC (Orders 02°43 and 03-19 which clearly establish that journalists should generally not be ‘treated as commercial applicants". We have reviewed the two orders as well as the Freedom of Information and Protection of Privacy Regulation, which defines @ commercial ‘applicant as follows: oR"commercial applicant” means a person who makes a request for access to @ record to obtain information for use in connection with 2 trade, business, profession ‘or other venture for profi In our view, The Vancouver Sun fits this definition and has been appropriately charged as ‘a commercial applicant. The separate decision of whether fees should be waived for access Fequests submitted by a journalist with The Vancouver Sun 's made depending on the facts fof each case. Based on the facts of this request, BC Ferries has decided not to waive the Tees. ‘You should be anare that while the FOIPP Act imposes an obligation on us to respond to your request within 30 working days, the period of time that elapses while we are waiting for the deposit identified in our fee estimate letter of October 21, 2010 will not be includes In the calculation of our response time, ‘You can apply to the Information and Privacy Commissioner for @ review of our decision rot to waive the fees for these two requests. The FOIPP Act allows you 30 working days to request a review by writing to: Office ofthe Information and Privacy ‘Commissioner for British Columbia PO Box 9038, Stn. Prov. Govt Vietoria, BC VW 944 yea eet even, peasant Cenmssoners fea wth copy a seer, nee \ INWWAnu \ basdn BSeKer-Goute FOr Manager FOIPP office7~BCFerries ‘SutS00 1321 Blea Suet November 24, 2010 Me. Chad Skelton, Reporter ur files: FOIPP #2010-009 ‘The Vancouver Sun ‘and #2010-010 1-200 Granvile Street Vancouver, BC VEC 3N3 Dear Mr. Skelton: Re: Requests under the Freedom of Information and Protection of Privacy Act British Columbia Ferry Services Inc. ("BC Ferries") received your requests for access to Information under tha Freedom of Information and Protection of Privacy Act (the FOIPP Act) on September 30, 2010. Your requests were for: ‘Request 2010-009: A copy of any contingency plans produced by or for [BC Ferries since Jan. 1, 2008, on how to prepare for an increase in ridership uring the 2010 Winter Olympics. ‘Request 2010-010: A copy of any report produced by or for BC Ferries ‘since February 1, 2010, on how the corporation deatt with increased trafic uring the 2010 Winter Olympics. (On October 21, 2010, we provided you with fee estimates of $439.04 and $188.16 respectively for these requests. By etter dated October 26, 2010, you asked that these fees be waved. ‘We have considered your suggestion that the subject ofthe records was a matter of recent public debate and these records would address how well prepared BC Ferries was for the Olympics ang what it has learned. We have also considered your view that these records would help the public understand what steps BC Ferries has taken to reduce severe delays during major events. BC Ferries has exercised its discretion and has decided not to waive these fees. Some of the factors we have relied upon In making this decision are as follows. In our view, the subject ofthese records has nat been a matter of recent public debate. Instead, the subject concerns a past event that was unique In scale and circumstances and 2s such {oes not compare to other types of usual major events for which BC Ferries provides Services. There Is limited public benefit either from the disclosure of contingency plans for a past event which occurred In February, 2010, or from the release of any reports of how BC Ferries dealt with increased traffic n those unique circumstances, With respect, these records are primarly of interest to you as the applicant (you have indicated you Intend to publish “any newsworthy Information the records contain”) but they are ot in the public interest. RIn your letter of October 26, 2010, you also indicated that you believe that BC Ferries incorrectly charged The Vancouver Sun fees as.a commercial applicant’ despite O1PC ‘Orders 02-43 and 03-19 which clearly establish that journalists should generally not be ‘treated as commercial applicants”. We have reviewed the two orders as well as the Freedom of Information and Protection of Privacy Regulation, which defines 3 commercial ‘applicant as follows: “commercial applicant” means a person who makes a request for access to @ record to obtain information for use in connection with a trade, business, profession or other venture for profit, In our view, The Vancouver Sun fits this definition and has been appropriately charged as ‘a commercial applicant. The separate decision of whether fees shoula be waived for ‘access requests submitted by a journalist with The Vancouver Sun is made depending on the facts of each cave, Based on the facts of thesa two requests, 2C Ferries has decided not to waive the fees. You should be aware that while the FOIPP Act imposes an obligation on us to respond to your requests within 30 working days, the period of time that elapses while we are ‘waiting for the deposits identified in our two fee estimate letters of October 21, 2010 will ‘not be neluded in the calculation of our response time, You may apply to the Information and Privacy Commissioner for a review of our decision ‘not to waive the fees for these two requests. The FOIPP Act allows you 30 working days to request a review by writing to Office of the Information and Privacy Commissioner for British Columbia PO Box 9038, Stn. Prov. Govt. Victoria, BC VeW 9A Facsimile: (250) 387-1696 If you request a review, please provide the Commissioner's office with a copy ofthis letter, @ copy of your original request, and the reasons or grounds upon which you are requesting the review. ‘Should you have any questions, please write or call our office at (250) 978-1502. sincerely, FOI Manager FOIPP OfficeVira, BCVA ORT Tei @s0) 3611401 Fou 8ennt06ss November 24, 2010 Mr. Chad Skelton, Reporter ‘our files: FOIPP #2010-006 ‘The Vancouver Sun ‘and #2010-008 1-200 Granville Street Vancouver, BC. VEC 3N3 Dear Mr. Skelton: Re: Requests under the Freedom of Information and Protection of Privacy Act British Columbia Ferry Services Inc. ("BC Ferries") received your requests for access to Information undar tha Freedom of Information and Protection of Privacy Act (the FOIPP At) fon September 30, 2010. Your requests were for: Request 2010-006: Any memos or correspondence to BC Ferries staff since November 1, 2009, on how staff and management should respond to the corporation being subject to Freedom of Information requests again. Request 2010-008: A copy ofall e-mails from or to David Hahn, Mark Stefanson, Deborah Marshall or BC Ferries’ FO! manager since January 1, 2009, on the Corporation's plans to post details of FOY requests and records released through FOI, on its website, (On October 21, 2040, we provided you with fee estimates of $75.26 and $112.90, respectively for these requests. By letter dated October 26, 2010, you asked that these fees be waived, \We have considered your fee walver request, Including your suggestion that The Vancouver ‘Sun and others have recently published stories about the "unusual policy of publishing all records released under FOI ~ and its hardline on fees". We have also considered other comments in your letter, such as: “Al of the coverage has questioned whether BC Ferries stated reason for imposing the policy — increased transparency ~ is correct or whether the ferry corporation is actually trying to discourage requesters, particularly media requesters, by posting Information on FO! requests oniine. The emails and other correspondence requested In these two FO! requests may help to answer those questions.” 2Reteraur a, 2010 aoy0-be an fo10 a8 [BC Ferries has exercised its discretion and has decided not to waive these fees. Some of the factors we have relied upon in making this decision are as follows. In your letter, you referred to BC Ferries’ approach regarding fees and the online publication of records released under the FOIPP Act as a "controversy". In our view, this is not a matter of ongoing public debate and the records you are seeking are administrative in nature. With respect, these records are of interest to you as the applicant (you have indicated that you intend to publish “any newsworthy information the records contain") but they are not in the public Interest. In your etter of October 26, 2010, you also indicated that you believe that BC Ferries incorrect charged The Vancouver Sun fees as a ‘commercial applicant” despite O1PC (Orders 02-43 and 03-19 which clearly establish that jourmalists should generally not be treated as commercial applicants”. We have reviewed the two orders as well ag the Freedom of Information and Protection of Privacy Regulation, which defines a commercial epplicant as follows: “commercial applicant” means a person who makes a request for access to ‘a record to abtain information for use in connection with a trade, Dusiness, Drofession or other venture for profit; In our view, The Vancouver Sun fits this definition and has been appropriately charged as @ ‘commercial applicant. The separate decision of whether fees should be waived for access Fequests submitted by a Journalist with The Vancouver Sun Is made depending on the facts of each case. Based on the facts of these two requests, BC Ferries has decided not to waive the fees, ‘You shoul be aware that while the FOIPP Act imposes an obligation on us to respond to your request within 30 working days, the period of time that elapses while we are waiting for the deposits identified in our two fee estimate letters of October 21, 2010 will not be. Included in the calculation of our response time. ‘You can apply to the Information and Privacy Commissioner for a review of our decision not to walve the fees for these two requests. The FOIPP Act allows you 30 working days to request a review by writing to: Office of the Information and Privacy ‘Commissioner for British Columbia PO Box 9038, Stn. Prov. Govt. Victoria, BC VEW 984 Facsimile: (250) 387-1686 If you request a review, please provide the Commissioner’s office with a copy of this letter, 2 copy of your original request, and the reasons or grounds upon which you are requesting the ‘Should you have any questions, please write or call our office at (250) 978-1502. \ freee y Aut \ dpsed Eamer-soule fOr Manager