TAMRMS#: B06
9.2
REQUEST FOR DECISION
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Bylaw 23/2025 Access to Information and Protection of Privacy Omnibus Amending Bylaw (1st, 2nd, & 3rd Readings)
Presented by: Alex Polselli, Solicitor, Legal, Legislative and Records Services
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RECOMMENDED MOTION(S)
recommendation
1. That Bylaw 23/2025, being a bylaw to amend the Chief Administrative Officer Bylaw, Council Remuneration Review Committee Bylaw, Electronic Transmission of Assessment and Taxation Communication Bylaw and Records Bylaw, be read a first time.
2. That Bylaw 23/2025 be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 23/2025.
4. That Bylaw 23/2025 be read a third time.
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SUMMARY
Bylaw 23/2025 is presented in response to the replacement of the Freedom of Information and Protection of Privacy Act (FOIP Act) with the Access to Information Act (ATIA) and the Protection of Privacy Act (POPA).
Bylaw 23/2025 is an omnibus bylaw that amends the:
1. Chief Administrative Officer Bylaw,
2. Council Remuneration Review Committee Bylaw,
3. Electronic Transmission of Assessment and Taxation Communication Bylaw, and
4. Records Bylaw
(collectively, the “Amended Bylaws”)
by replacing references to the FOIP Act with references to the new access (ATIA) and privacy (POPA) legislation.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
N/A
BACKGROUND AND DISCUSSION
The FOIP Act <https://www.qp.alberta.ca/documents/Acts/F25.pdf> came into force on October 1, 1995. The FOIP Act was the first access and privacy law in Alberta. The FOIP Act provided individuals with the right to request access to information in the custody or control of public bodies, including the City, and provided public bodies, including the City, with a framework for the collection, use and disclosure of personal information.
On June 11, 2025, the ATIA and POPA came into force and replaced the FOIP Act. ATIA replaced the access to information part of the FOIP Act. POPA replaced the privacy part of the FOIP Act.
The ATIA provides individuals with the right to request access to any information contained in a record that is in the custody or control of a public body, including an individual’s own personal information, subject to those exceptions set out in the act.
POPA establishes the rules a public body must follow to collect, use and disclose personal information. POPA also establishes rules for public bodies concerning data matching, creation of non-personal data, privacy impact assessments, privacy management programs, and privacy breach notification requirements.
The Amended Bylaws include reference to the FOIP Act which has been repealed in Alberta and is no longer in force. The proposed Bylaw 23/2025 is recommended to remove references to the FOIP Act in the Amended Bylaws and replace them with reference to the ATIA and POPA, as applicable.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
N/A
IMPACTS OF RECOMMENDATION(S)
Financial:
None at this time
Compliance & Legal:
The recommended motions will replace references to the FOIP Act, which has been repealed, and replace them with references to Alberta’s new access and privacy legislation - the ATIA and POPA.
Program or Service:
None at this time
Organizational:
None at this time
Risks
If the Amended Bylaws are not updated it may create confusion, and will not be in alignment with provincial legislation.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
N/A
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
N/A
IMPACTS OF ALTERNATIVES CONSIDERED
Council may choose not to consider this Bylaw 23/2025 Access to Information and Protection of Privacy Omnibus Amending Bylaw at this time. If Council chooses not to consider this Bylaw then references to the FOIP Act will remain in the affected bylaws and may cause confusion for the public. Additionally, the bylaws will not be in alignment with provincial legislation.
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Report Date: September 16, 2025
Author: Alex Polselli
Department: Legal, Legislative, and Records Services
Department Director: Marta Caufield
Chief Administrative Officer: Bill Fletcher