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SURVEY SENT TO ALL SIX CAMPAIGNS

(Deadline was later extended to Monday, Jan. 24th):


This is The Vancouver Sun’s Government Transparency Survey.

It is being sent to all candidates for the BC Liberal leadership.

Please have your candidate fill out the survey and email it back in Microsoft Word format
no later than end of day on Friday, Jan. 21st. The survey should be emailed to reporter
Chad Skelton at:

cskelton@vancouversun.com

The complete survey responses of each candidate will be posted on vancouversun.com as


part of The Sun’s continuing coverage of the leadership race.

If you have any questions about the survey, please contact Chad at 604-605-2892 or
cskelton@vancouversun.com.

FREEDOM OF INFORMATION

What, if any, specific changes would you make to the Freedom of Information and Protection of
Privacy Act to make it easier for people to obtain government records and information?

What would your government do to reduce the delays currently experienced by many FOI
requesters?

Government records are often withheld from release under Sections 12 (cabinet confidences) and
13 (policy advice or recommendations). What, if any, changes would you make to those two
sections of the Act to narrow the grounds on which records can be withheld?

The FOI Act currently contains provisions for fees to be waived when a request is “in the public
interest”. However, such fee waivers have only been granted in limited circumstances and fees
for FOI requests can often be in the thousands of dollars. Do you believe that the fees charged
FOI requesters are too high? If so, what would you do to reduce them if elected leader?

The legislature committee reviewing the FOI Act recommended last summer that Section 9(2) of
the Act be amended to require public bodies to provide electronic copies of records in all cases
where they can reasonably be produced in electronic format (such as an Excel spreadsheet).
Would you make such a change if you become leader?

The committee also recommended that any corporations created by public bodies, such as
universities’ spin-off companies, be subject to FOI requests. Do you support that change?
Would you change the FOI Act to make MLA expenses subject to FOI requests?

Since BC Ferries was brought back under the FOI Act on Oct. 1, it has adopted a policy in which
it immediately posts any records released through FOI on its website, depriving the original
requester of the chance to have first look at the records they requested. BC Ferries says this
policy is designed to encourage transparency. Critics say it is designed to discourage FOI
requests, particularly from the media. What is your view of BC Ferries’ approach? Would you
support giving the original FOI requester a two-week window to review the requested records
before they are made available to others online?

OPEN DATA

Many jurisdictions around the world have created “open data” portals (data.gov, data.gov.uk,
data.vancouver.ca) on which governments proactively disclose public information in database
format (ie. Excel spreadsheets, Access databases). The B.C. government has itself emphasized
the importance of open data (http://www.gov.bc.ca/citz/citizens_engagement/gov20.pdf).
However, no such data portal exists for B.C. If elected, would you commit your government to
launching an open-data portal? Why or why not?

Would you direct health authorities and Crown corporations to create their own open data
portals? Why or why not?

There are a number of types of B.C. government information which could be made available in
electronic format (such as spreadsheets or databases) but, at the moment, are either not available
at all or are only available in paper, PDF or scattered online tables.

If elected leader, would you commit to making the following information publicly available in
electronic database format (please write “Yes” or “No” beside each):

Public Accounts (including detailed lists of civil servant pay and contracts): Yes / No
B.C. Budget: Yes / No
Medical Services Commission Financial Statements (doctor billings): Yes / No
Hansard: Yes / No
MLA voting records: Yes / No
Surgical wait times by hospital: Yes / No
Foundation Skills Assessment results by school: Yes / No
Ministerial expenses: Yes / No
MLA expenses: Yes / No
Lobbyist registry data: Yes / No

Please feel free to explain why you believe the datasets above should or should not be made
routinely available in electronic format:

Are there any other specific datasets you would commit to making publicly available if elected
leader?
MUNICIPAL CAMPAIGN CONTRIBUTIONS

The Local Government Election Task Force recommended that municipal campaign donations
be made available through a searchable online database at Elections BC (p. 17), similar to what
currently exists for provincial campaign donations. Would you commit to doing that if elected
leader? Why or why not?
GEORGE ABBOTT RESPONSE:

Dear Chad,

Thank you for the opportunity to respond to the Vancouver Sun’s Government Transparency
Survey. You will find my responses below.

Regards,

George Abbott
BC Liberal Leadership Candidate and MLA for Shuswap

FREEDOM OF INFORMATION

What, if any, specific changes would you make to the Freedom of Information and Protection of
Privacy Act to make it easier for people to obtain government records and information?
• The special committee has made a number of recommendations to improve the FOIPP
Act, and I look forward to considering those recommendations with my team as Premier.
• We also need to equally consider non-legislative opportunities to provide more
information to the public. That means addressing the culture of information management
within government and ways that the government can meet the needs of the public
beyond the FOIPP Act.
• As I announced in my 18-point plan that rolled out on January 4, I believe that the easiest
way to get people the information they want is through the greater use of proactive
disclosure of records without having to engage the FOIPP Act.
• To start, I would look at the regular disclosure of MLA and Ministerial expenses as well
as adopting the practice of regularly posting general releases that go out to applicants
under FOIPPA. Over the longer term, I would like to see more consistent practices within
ministries for greater voluntary release of government information through technology.

What would your government do to reduce the delays currently experienced by many FOI
requesters?
• I understand that there are many reasons for delays of FOIPP Act requests – the need for
lengthy searches, wide-ranging search parameters, multiple agencies involved, etc. What
I do know is that the FOIPP Act search and disclosure process within government is very
time-consuming and very expensive, and that improving on legislated timelines is a
major objective for all ministries.
• The centralization of FOIPP Act processing in government has improved the turnaround
times of many ministries – as the Commissioner acknowledged in her last review – and
as Premier I would want to see those improvements continue.
• I do believe there is a connection between the volume of requests that come in to
government and the accumulated time it take to process them all. I hope that over time
the cultural shift towards more proactive disclosure will reduce volume by reducing the
need to use the FOIPP Act to get information, thus allowing for more focus on quality
and timely turnarounds.

Government records are often withheld from release under Sections 12 (cabinet confidences) and
13 (policy advice or recommendations). What, if any, changes would you make to those two
sections of the Act to narrow the grounds on which records can be withheld?
• These sections have been in the Act since it was established nearly 20 years ago. They
represent the very legitimate need for governments to carefully consider information they
believe to be confidential to decision-making.
• I believe the best way to improve the application of those sections is not through more
legislative changes but through better internal policies and practices for the public service
on how to apply those sections.
• We also require continued, clear guidance and rulings from the Commissioner on how to
apply these sections as new conditions emerge.

The FOI Act currently contains provisions for fees to be waived when a request is “in the public
interest”. However, such fee waivers have only been granted in limited circumstances and fees
for FOI requests can often be in the thousands of dollars. Do you believe that the fees charged
FOI requesters are too high? If so, what would you do to reduce them if elected leader?
• It is my understanding that even with the current fee structure in place, the vast majority
of the costs of FOIPP Act requests are still borne by the provincial taxpayer. By
extension, a blanket reduction of those fees would only shift even more of the financial
burden of individual inquiries onto the taxpayer.
• I do believe that the overall fee structure must be designed to ensure a fair balance of
costs between the requester and the taxpayer. As Premier, I would expect the ministry
responsible for FOI to regular review those fees to ensure they are meeting that balance.

The legislature committee reviewing the FOI Act recommended last summer that Section 9(2) of
the Act be amended to require public bodies to provide electronic copies of records in all cases
where they can reasonably be produced in electronic format (such as an Excel spreadsheet).
Would you make such a change if you become leader?
• I understand that is a recommendation made by the committee. That amendment would
be up to the Legislature to approve.
• However, I believe that an approach towards more electronic disclosure over time would
be consistent with a principle of more proactive disclosure by government and consistent
with the principles of open data (as discussed in later questions).

The committee also recommended that any corporations created by public bodies, such as
universities’ spin-off companies, be subject to FOI requests. Do you support that change?
• There are provisions under the Act that set a standard and assist government in
determining whether an entity should be a public body under the Act.
• I would continue to defer to those legislated provisions to make decisions on additional
public bodies.

Would you change the FOI Act to make MLA expenses subject to FOI requests?
• Currently, the FOIPP Act does not extend to the Legislative Assembly, and I am not
convinced that a legislative amendment is necessary at this time.
• As I’ve committed, I believe a process of proactive disclosure that includes MLA
expenses is the most efficient pathway to resolving this issue. This would require support
from the Official Opposition as well as the government.

Since BC Ferries was brought back under the FOI Act on Oct. 1, it has adopted a policy in which
it immediately posts any records released through FOI on its website, depriving the original
requester of the chance to have first look at the records they requested. BC Ferries says this
policy is designed to encourage transparency. Critics say it is designed to discourage FOI
requests, particularly from the media. What is your view of BC Ferries’ approach? Would you
support giving the original FOI requester a two-week window to review the requested records
before they are made available to others online?
• Part of my commitment towards proactive disclosure was to adopt the practice of making
general requests released through the FOIPP Act broadly available to the public, through
the government website.
• This is a practice that other jurisdictions have successfully adopted, including several
federal government departments.
• As I referenced earlier, the broader taxpayer bears the lion’s share of the cost of
processing these requests; therefore, I believe the taxpayer should have a degree of access
to that information.
• I do not believe this approach should in any way discourage people from using the Act. I
am aware that some applicants have contested the approach by BC Ferries and are
recommending changes in practice like delays in posting. I am willing to take those
positions under consideration as we develop our policy for implementation.

OPEN DATA

Many jurisdictions around the world have created “open data” portals (data.gov, data.gov.uk,
data.vancouver.ca) on which governments proactively disclose public information in database
format (ie. Excel spreadsheets, Access databases). The B.C. government has itself emphasized
the importance of open data (http://www.gov.bc.ca/citz/citizens_engagement/gov20.pdf).
However, no such data portal exists for B.C. If elected, would you commit your government to
launching an open-data portal? Why or why not?
• The BC public service has demonstrated a strong vision for the future of a citizen-centred
government with its recent Gov 2.0 proposal. In particular, that vision includes the
proposal for an “open data” project similar to those seen in other jurisdictions.
• An open data project is not only an opportunity to enhance transparency; it also creates
an opportunity for citizens to directly engage with government through information.
• By producing that data in formats easily read and translated by computers as well as
people, citizens can use that data to create new applications that ultimately enhance the
public value of that data.
• While the project remains in its early stage, I would support seeing it through in
partnership with the public service.
Would you direct health authorities and Crown corporations to create their own open data
portals? Why or why not?
• The lesson from Open Data projects around the world is that if you are going to do it, it
must be done right and consistently. That means ensuring the data is available, it is
broadly representative, it is of high quality, and it remains current.
• I think the first step is to bring the core BC government together on this project. That, in
itself, will be a significant task. Through that success, this project can then be scaled to
the broader public sector in the future.

There are a number of types of B.C. government information which could be made available in
electronic format (such as spreadsheets or databases) but, at the moment, are either not available
at all or are only available in paper, PDF or scattered online tables.

If elected leader, would you commit to making the following information publicly available in
electronic database format (please write “Yes” or “No” beside each):

Public Accounts (including detailed lists of civil servant pay and contracts): Yes / No
B.C. Budget: Yes / No
Medical Services Commission Financial Statements (doctor billings): Yes / No
Hansard: Yes / No *
MLA voting records: Yes / No *
Surgical wait times by hospital: Yes / No
Foundation Skills Assessment results by school: Yes / No
Ministerial expenses: Yes / No
MLA expenses: Yes / No *
Lobbyist registry data: Yes / No [presuming quality of third-party entries can be assured]

Please feel free to explain why you believe the datasets above should or should not be made
routinely available in electronic format:
• I believe the datasets described above would be significant and important contributions to
an open data project. (I would note that while I lend my support to those examples
marked with an asterisk (*), those are the domain of the Legislative Assembly and
therefore could not be pursued directly as part of a government open data project.)

Are there any other specific datasets you would commit to making publicly available if elected
leader?
• In addition to Ministerial and MLA expenses, I have also committed to better disclosure
with respect to Ministerial and MLA travel.
• A couple examples: British Columbia has a wealth of valuable public information with
respect to land though the Geo BC project. BC Stats also has large masses of statistical
information that would be of use to the public. I would consider both as important further
examples.

MUNICIPAL CAMPAIGN CONTRIBUTIONS


The Local Government Election Task Force recommended that municipal campaign donations
be made available through a searchable online database at Elections BC (p. 17), similar to what
currently exists for provincial campaign donations. Would you commit to doing that if elected
leader? Why or why not?
• My colleague Bill Bennett as the former Minister of Community Development struck the
LGETF to look at these precisely issues. I’m encouraged by what they have
recommended. Government is still reviewing the details of the proposal and considering
the appropriate legislative approaches.
• I would be in favour of additional measures to ensure appropriate rigor is brought to the
financial aspects of municipal elections, in partnership with Elections BC. That would
best be achieved by bringing those practices in line with provincial election disclosure
practices, such as making those records available in a digital, searchable form.
CHRISTY CLARK RESPONSE:

FREEDOM OF INFORMATION

What, if any, specific changes would you make to the Freedom of Information and Protection of
Privacy Act to make it easier for people to obtain government records and information?

The work done by the Special Committee to Review the Freedom of Information and Privacy Act
lays out a template for reform. The ultimate goal is to ensure transparency in government, while
still ensuring the privacy of British Columbians is protected. The report laid out 35
recommendations and I would review them with the Information and Privacy Commissioner and
the minister responsible with the goal of fulfilling the committee’s goal of increased access, a
streamlined process and broadening the scope of who the act covers.

What would your government do to reduce the delays currently experienced by many FOI
requesters?

Government has worked to improve the FOI response times but the objective must be to always
improve on responding to legitimate requests. The provincial government instituted a new
process in 2009 and I want to review the success of those changes to see if the new system is
working.

Government records are often withheld from release under Sections 12 (cabinet confidences) and
13 (policy advice or recommendations). What, if any, changes would you make to those two
sections of the Act to narrow the grounds on which records can be withheld?

There is a balance that needs to be maintained that allows for cabinet confidences to be
protected. I would ask the Information and Privacy Commissioner to review the issue.

The FOI Act currently contains provisions for fees to be waived when a request is “in the public
interest”. However, such fee waivers have only been granted in limited circumstances and fees
for FOI requests can often be in the thousands of dollars. Do you believe that the fees charged
FOI requesters are too high? If so, what would you do to reduce them if elected leader?

The fee structure was put into place many years ago and does not necessarily reflect today’s
technology. I support the MLA committee recommendation to “review the Schedule of Maximum
Fees with an emphasis on meeting the original objectives of the legislation and use the criterion
of reasonableness throughout the whole process.”

The legislature committee reviewing the FOI Act recommended last summer that Section 9(2) of
the Act be amended to require public bodies to provide electronic copies of records in all cases
where they can reasonably be produced in electronic format (such as an Excel spreadsheet).
Would you make such a change if you become leader?
Yes.

The committee also recommended that any corporations created by public bodies, such as
universities’ spin-off companies, be subject to FOI requests. Do you support that change?

Yes.

Would you change the FOI Act to make MLA expenses subject to FOI requests?

I support ensuring that the same rules that apply to cabinet minister expenses be in place for all
members of the Legislative Assembly.

Since BC Ferries was brought back under the FOI Act on Oct. 1, it has adopted a policy in which
it immediately posts any records released through FOI on its website, depriving the original
requester of the chance to have first look at the records they requested. BC Ferries says this
policy is designed to encourage transparency. Critics say it is designed to discourage FOI
requests, particularly from the media. What is your view of BC Ferries’ approach? Would you
support giving the original FOI requester a two-week window to review the requested records
before they are made available to others online?

I think it is a question that needs to be discussed. We want government to be transparent and at


same time respect the work of reporters.

OPEN DATA

Many jurisdictions around the world have created “open data” portals (data.gov, data.gov.uk,
data.vancouver.ca) on which governments proactively disclose public information in database
format (ie. Excel spreadsheets, Access databases). The B.C. government has itself emphasized
the importance of open data (http://www.gov.bc.ca/citz/citizens_engagement/gov20.pdf).
However, no such data portal exists for B.C. If elected, would you commit your government to
launching an open-data portal? Why or why not?

Yes. Government’s data is the people’s data and making that data available using open
standards unlocks enormous potential for private sector innovation.

Would you direct health authorities and Crown corporations to create their own open data
portals? Why or why not?

After successfully implementing at the provincial government level, I would direct other
government agencies to follow suit.

There are a number of types of B.C. government information which could be made available in
electronic format (such as spreadsheets or databases) but, at the moment, are either not available
at all or are only available in paper, PDF or scattered online tables.
If elected leader, would you commit to making the following information publicly available in
electronic database format (please write “Yes” or “No” beside each):

Public Accounts (including detailed lists of civil servant pay and contracts): Yes / No
B.C. Budget: Yes / No
Medical Services Commission Financial Statements (doctor billings): Yes / No
Hansard: Yes / No
MLA voting records: Yes / No
Surgical wait times by hospital: Yes / No
Foundation Skills Assessment results by school: Yes / No
Ministerial expenses: Yes / No
MLA expenses: Yes / No
Lobbyist registry data: Yes / No

Please feel free to explain why you believe the datasets above should or should not be made
routinely available in electronic format:

The information should be made available, when possible, in electronic forms. However, this
transition will take time as government agencies upgrade technologies. Some of the requests
come under the purview of the Speaker of the Legislature and I would encourage the Speaker to
be as open as possible.

Are there any other specific datasets you would commit to making publicly available if elected
leader?

MUNICIPAL CAMPAIGN CONTRIBUTIONS

The Local Government Election Task Force recommended that municipal campaign donations
be made available through a searchable online database at Elections BC (p. 17), similar to what
currently exists for provincial campaign donations. Would you commit to doing that if elected
leader? Why or why not?

Yes. I believe the funding of municipal elections and the disclosure of those donations should
move to the provincial standard.
MIKE DE JONG RESPONSE:
FREEDOM OF INFORMATION

What, if any, specific changes would you make to the Freedom of Information and Protection of
Privacy Act to make it easier for people to obtain government records and information?

At a news conference on January 4, I said “better transparency is a key requirement for re-
establishing the public’s trust in their government”. As I made clear at that news conference, we
can explore opportunities for greater proactive disclosure of government records so that citizens
do not have to make necessarily a Freedom of Information application. In instances where it is
clear that information qualifies for release it should not be necessary to make a formal
application.

What would your government do to reduce the delays currently experienced by many FOI
requesters?

Clearly, there is room for improvement. Posting material proactively or making it directly
available to the public without requiring a Freedom of Information application would reduce
much of the cost and delays.

Government records are often withheld from release under Sections 12 (cabinet confidences) and
13 (policy advice or recommendations). What, if any, changes would you make to those two
sections of the Act to narrow the grounds on which records can be withheld?

We need to foster a culture where we favour the presumption of the release of information and
shift the onus to those advocating for non-release.

The FOI Act currently contains provisions for fees to be waived when a request is “in the public
interest”. However, such fee waivers have only been granted in limited circumstances and fees
for FOI requests can often be in the thousands of dollars. Do you believe that the fees charged
FOI requesters are too high? If so, what would you do to reduce them if elected leader?

The legislature committee reviewing the FOI Act recommended last summer that Section 9(2) of
the Act be amended to require public bodies to provide electronic copies of records in all cases
where they can reasonably be produced in electronic format (such as an Excel spreadsheet).
Would you make such a change if you become leader?

Promoting the electronic transfer of information is a more efficient and cost-effective means of
providing information and should be encouraged.

The committee also recommended that any corporations created by public bodies, such as
universities’ spin-off companies, be subject to FOI requests. Do you support that change?
The principle that should guide the approach to this question is that whenever the public’s tax
dollars are involved the public should have a right to know.

Would you change the FOI Act to make MLA expenses subject to FOI requests?

I would go further. I have called for “the development of a protocol for the online posting of
every cabinet minister’s expense records every six months; and a transparent, online posting of
all taxpayer-funded MLA expenses every six months.” I have been advocating for this publicly
for over a year.

Since BC Ferries was brought back under the FOI Act on Oct. 1, it has adopted a policy in which
it immediately posts any records released through FOI on its website, depriving the original
requester of the chance to have first look at the records they requested. BC Ferries says this
policy is designed to encourage transparency. Critics say it is designed to discourage FOI
requests, particularly from the media. What is your view of BC Ferries’ approach? Would you
support giving the original FOI requester a two-week window to review the requested records
before they are made available to others online?

I am prepared to examine the issue but in my view if information is to be made public, the public
should have access to it.

OPEN DATA

Many jurisdictions around the world have created “open data” portals (data.gov, data.gov.uk,
data.vancouver.ca) on which governments proactively disclose public information in database
format (ie. Excel spreadsheets, Access databases). The B.C. government has itself emphasized
the importance of open data (http://www.gov.bc.ca/citz/citizens_engagement/gov20.pdf).
However, no such data portal exists for B.C. If elected, would you commit your government to
launching an open-data portal? Why or why not?

Better transparency is a key requirement for re-establishing the public’s trust in their
government. Open data appears to be an emerging area of public policy and we should be guided
by the work of other jurisdictions to determine what makes sense for British Columbia.

Would you direct health authorities and Crown corporations to create their own open data
portals? Why or why not?

See answer above.

There are a number of types of B.C. government information which could be made available in
electronic format (such as spreadsheets or databases) but, at the moment, are either not available
at all or are only available in paper, PDF or scattered online tables.

If elected leader, would you commit to making the following information publicly available in
electronic database format (please write “Yes” or “No” beside each):
All of these are areas to which involve the expenditure of public dollars and there fore the public
should have access in a user friendly means as possible.

Public Accounts (including detailed lists of civil servant pay and contracts):
B.C. Budget:
Medical Services Commission Financial Statements (doctor billings): ?
Hansard:
MLA voting records:
Surgical wait times by hospital:
Foundation Skills Assessment results by school:
Ministerial expenses:
MLA expenses:
Lobbyist registry data:

Please feel free to explain why you believe the datasets above should or should not be made
routinely available in electronic format:

Better transparency is a key requirement for re-establishing the public’s trust in their
government.

Are there any other specific datasets you would commit to making publicly available if elected
leader?

Travel costs for Ministers and their staff on trade missions (as stated at a news conference in
early January);
For each Cabinet Minister – including the Premier, lists of external organizations and individuals
they have met with, to be published every six months (as stated at a news conference in early
January).

MUNICIPAL CAMPAIGN CONTRIBUTIONS

The Local Government Election Task Force recommended that municipal campaign donations
be made available through a searchable online database at Elections BC (p. 17), similar to what
currently exists for provincial campaign donations. Would you commit to doing that if elected
leader? Why or why not?

Better transparency is a key requirement for re-establishing the public’s trust in their
government.

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