Access to Information

Access to Information

 

The Office of the Ethics Commissioner of Alberta is deemed a public body under the Freedom of Information and Protection of Privacy (FOIP) Act. The administrative (ie. day to day) records of the office are subject to the FOIP Act. However, the majority of all other records in the custody or under the control of the Office of the Ethics Commissioner are not subject to the FOIP Act (this generally includes all records and information pertaining to MLAs, Designated Office Holders, and Political Staff that are under the custody or control of the Office.) Below are the relevant excerpts of the FOIP Act which speak directly to what records and information are, and are not, subject to the FOIP Act in the Office of the Ethics Commissioner:

Freedom of Information and Protection of Privacy Act, Chapter F-25, RSA 2000

Definitions 1 In this Act . . .

1 (m) “officer of the Legislature” means the Auditor General, the Ombudsman, the Chief Electoral Officer, the Ethics Commissioner, the Information and Privacy Commissioner, the Child and Youth Advocate or the Public Interest Commissioner;

1 (p) “public body” means (vi) the office of the Auditor General, the Ombudsman, the Chief Electoral Officer, the Ethics Commissioner, the Information and Privacy Commissioner, the Child and Youth Advocate or the Public Interest Commissioner…

Records to which this Act applies 4(1) This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:

(d) a record that is created by or for or is in the custody or under the control of an officer of the Legislature and relates to the exercise of that officer’s functions under an Act of Alberta;

(e) information that is collected by or for or is in the custody or under the control of the Ethics Commissioner and relates to the disclosure statements of deputy ministers and other senior officers that have been deposited with the Ethics Commissioner;

(f) a record that is created by or for or is in the custody or under the control of the Ethics Commissioner and relates to any advice relating to conflicts of interest whether or not the advice was given under the Conflicts of Interest Act;

ACCESS REQUESTS

The Freedom of Information and Protection of Privacy (FOIP) Coordinator for the Office of the Ethics Commissioner is:

Kent Ziegler Chief Administrative Officer

1250, 9925 – 109 Street Edmonton, Alberta T5K 2J8

Phone: (780) 422-2273

Fax: (780) 422-2261

FOIP Access Request Forms may be downloaded from: http://foip.alberta.ca/resources/forms/index.cfm

Personal Information Banks (PIB) At Office of the Ethics Commissioner of Alberta

PIB #1: MLA Disclosure and Advice Files

This PIB contains financial disclosure and other personal information submitted by MLAs as required under the COIA, and also contains advice provided by this office to MLAs.

Location: Office of the Ethics Commissioner

Information maintained: Name, address, telephone numbers, income, assets, liabilities, and financial interests of each Member of the Legislative Assembly, the Member’s spouse, minor children, and all private corporations controlled by the Member, their spouse or minor children.   Confidential advice provided to Members on matters covered by the Conflicts of Interest Act.

Individuals: Members of the Legislative Assembly, including spouses, minor children, and private corporations controlled by any or all of them.

Use: To prepare public disclosure statements on each Member; assist the Ethics Commissioner in advising Members of their obligations under the Conflicts of Interest Act; assist in the conduct of investigations.

Users: Staff of the Office of the Ethics Commissioner.

Legal Authority: Conflicts of Interest Act, Revised Statutes of Alberta, Chapter C-23.

PIB #2: Designated Office Holder and Political Staff Disclosure and Advice Files

Location: Office of the Ethics Commissioner

Information maintained: Name, address, telephone numbers, income, assets, liabilities, and financial interests of each Designated Office Holder and Political Staff, their spouse, minor children, and all private corporations controlled by them or their spouses, or minor children. Confidential advice provided to these individuals relating to conflicts of interest.

Individuals: Designated Office Holders and Political Staff, including spouses, minor children, and private corporations controlled by any or all of them.

Use: To assist the Ethics Commissioner in advising Designated Office Holders and Political Staff on conflicts of interest issues.

Users: Staff of the Office of the Ethics Commissioner.

Legal Authority: Conflicts of Interest Act, Revised Statutes of Alberta, Chapter C-23.