FOI Request (Freedom of information ) NEW UPDATE May 31

I thought you might be interested in how a FOI request is processed and the time and costs involved. I have a FOI request for :

The Revenue Agreement signed by the City of Penticton, Lake City Casinos, the BC Lottery Corp (BCLC) and the provincial Government in the summer of 2006 re the South Okanagan Centre.


Don Quixote Update June 28/07
Yesterday I received a return call from Ministry of Public Safety and Solicitor General that my request was waiting comments from the final party, BC Lottery, which is ironic because they were the people I made the original request to on Jan. 3/07. They aknowledged that their deadlined extension had passed and could not be extended. They indicated that I would be receiving the agreement shortly as the other three parties had made no valid objections and as the reason for their original extension of how it would 'affect third parties' business interests' (Casino) was no longer a concern. They have my e-mail address and will be informing me of the next step shortly.

Don Quixote Update May 31/07: On May 28 after an unanswered e-mail and telephone call I received a letter dated May 17 from Ministry of Public Safety and Solicitor General that my request would be acted upon before June 22 2007.(The postmark was May 25) This new timing was an extension under section 10 of the Act: 'The disclosure of the records you have requested may affect third parties' business interests. To assist us in determining whether we may disclose these records, we are providing those third parties with the opportunity to make representations concerning disclosure. The Ministry is required to make a decision regarding disclosure by June 22, 2007.'

Don Quixote Update Apr 20/07: April 19 received a letter dated April 13 from Ministry of Public Safety and Solicitor General that my request would be acted upon before May 17,2007. This is in response to my New FOI request by e-mail of Apr. 3/07.

Don Quixote Update Apr 3/07: In a phone call from the Provincial Government (Ministry of Attorney General) I was advised that the agreement has now been signed and I could resubmit my FOI request. I did so on Apr 3 by e-mail to the designated person I was given.

Don Quixote Update Mar 25/07: On Mar 19/07 I received an e-mail reply message from the City of Penticton as follows:"can resubmit his application after we get the signed copy back. Until the document has been executed by all parties it is only an agreement in principle. I would anticipate that we will get a copy back in a month or so. There are multiple signatories and they all require approval from their respective Boards and Agencies so it may take awhile."

Makes you wonder how the City could start the building of the South Okanagan Centre based and have gone to a referendum based only on a 'agreement in principle' ??

Don Quixote Update Feb 26/07: My FOI requests have been closed by the City of Penticton and the B.C. Government. Neither were kind enough to inform me when the agreement would be signed so I would know when to reapply. I wished that they had simply informed me that when the document was signed that they would send me a copy asap. (After applicable fees that I know I will be asked for.) I plan to phone them this week in hope of getting an approximate time frame for reapplying. Wish me luck as I wade into the darkness and shadows of Provincial and Municipal bureaucracy !

• Jan 3, 2007: Made request by mail to the BCLC. (cost .52 stamp) (Kamloops)
• Jan 31, 2007: Made identical request by mail to the City of Penticton. (cost .52 stamp)
• Feb 2, 2007: Letter from BCLC dated Jan 23, 2007 stating that they had forwarded my request to the Minister of Public Safety and Solicitor General (Victoria) for further action. "They must respond within 30 days of receiving your transferred request, unless they extend the time limit for responding to you."
• Feb 12. 2007: Letter From Ministry of Public Safety and Solicitor General dated Feb. 7, 2007 stating that "We will make every effort to provide the records available to you under the Act as quickly as possible. The Act allows us 30 business days to respond to your request, therefore, we will be responding on or before March 15, 2007. However in limited circumstances the Act provides that we may extend this time limit if necessary."
• Feb 22, 2007: Letter from City of Penticton dated Feb 16 and stating: "At this time, the agreement has not been signed and the details are still pending, therefore, the City cannot accommodate your request." *
• Feb 26, 2007: Letter from Ministry of Public Safety and Solicitor General dated Feb. 22, 2007 stating : "The Term of Agreement have been negotiated. However it is in its final stages of review and until the agreement is signed, we are unable to provide you with a copy. You may wish to contact our office at a later date to request the final signed agreement. Your file with this office is now closed."

*City endorses funding for event centre It appears Penticton Council endorsed this agreement at their Feb 19 meeting. (Item 8.2 at http://www.penticton.ca/city/council/meetings/2007/02/2007-02-19-VideoReview.asp (Review Recorded Video - part 2 ) ( 2.02.35 Hours into meeting.)

It would appear that Penticton answered my request on Friday, Feb16 knowing full well that the Council would be voting to endorse on Monday Feb.19/07. However the postmark on the envelope is also Feb 19/07 !