In last week’s article about disclosure of a property’s history of cannabis or drugs, the question of Realtors’ obligations was explored. This week we look at the obligations of municipalities to disclose what they know about a property, and what steps you need to take to get that information from them.
Based on our queries municipalities in the Fraser Valley are willing and able to disclose whether a property has ever had cannabis plants or even a drug lab within its walls with an FYI, yes or no—assuming they are aware of the property’s past. But anything further will likely require an FOI, or Freedom of Information Request. (At the end of this article you can read more about BC’s Freedom of Information and Protection of Privacy Act (FIPPA).
The municipalities all have a somewhat different process for disclosing this information. That likely does not surprise you! Below is a list that outlines the steps to take at each municipality. In some instances, you may be charged a fee, depending on how much time is required to get you the information you want.
Fees
Under FIPPA, a public agency such as a municipality or city hall is not permitted to charge you fees for the first three hours their staff spends locating and retrieving the records you request, nor for the time spent reviewing or redacting parts of the records. However, they are able to charge you for:
- Locating, retrieving and producing the records after the first three hours of the search
- Preparing the records for release
- Making a copy of the records
- Shipping and handling of the records
You may be able to reduce fees by narrowing your request, or by asking to view the records in person, rather than requesting copies. (NOTE: A person cannot be charged fees for requesting their own personal information held on record, but may be charged fees if the request is for other types of information.)
Municipal procedures for disclosing property history of cannabis or drugs
NOTE: The information provided below is a guideline and may not be entirely up to date or complete at the time of your inquiry.
The following information is now available in a PDF on RealtorLink here.
ABBOTSFORD
Department: Bylaws
Bylaw: Controlled Substance Property Bylaw, 2006
Process: Usually takes 4 days or less. Listing agents who can show either written consent from the property owner or an MLS® contract helps the City reduce time it needs to fulfill the request.
Contact: 604-864-5512 or Email: bylawservices@abbotsford.ca
Links: City of Abbotsford
CITY OF LANGLEY
Department: Development Services
Bylaw: Controlled Substance Property Bylaw, 2006
Process: Depending on your inquiry, staff may ask for an FOI request before releasing information usually within a day or so.
Contact: Development Services (604) 514-2800 Email: development@langleycity.ca
Links: City of Langley
DELTA
Department: Community Planning and Development
Bylaw: Controlled Substance Property Bylaw, 2004
Process: Ask whether or not a home was ever the subject of an investigation for illegal drug activity in which case they could get a Yes or No answer. If you need more, you need to submit an FOI request.
Contact: Community Planning and Development Dept. – Administrative Services at 604-946-3380
Links: City of Delta: Talk to us and FOI Requests by email to clerks@delta.ca
MISSION
Department: Corporate Administration
Bylaw: Controlled Substance Nuisance Bylaw, 2006
Process: Phone calls are not part of the procedure. Make a written question seeking information and District will reply with written responses only. If copies of specific documents are required, the District will require an FOI request.
Contact: Deputy Corporate Officer at 604-820-3700 Email: info@mission.ca
Links: District of Mission Corporate Administration
SURREY
Department: Bylaws
Bylaw: Controlled Substance Property Bylaw, 2006
Process: Inquire whether the property ever had the controlled substance bylaw applied. If Yes, ask if the property was professionally remediated? If you want to have a letter confirming this, you’ll need to pay a fee. If you want more information you will have to request an FOI.
Contact: Bylaw Complaint Line at 604-591-4370 or submit a Request for Information
Links: City of Surrey
TOWNSHIP OF LANGLEY
Department: Permit, Licence and Inspections Services Department
Bylaw: Controlled Substance Property Bylaw, 2006
Process: Request a simple confirmation of basic property information including drug or cannabis history. If you want more detail, a FOI Request is needed. The building permit will likely show if remediation of the property was done. Township also provides the date that an Accepted Final Inspection was obtained.
Contact: Permit, Licence and Inspections Services Department at 604-533-6018 or Email cdinfo@tol.ca
Links: Township of Langley
WHITE ROCK
Department: Bylaws
Bylaw: Controlled Substance Property Bylaw, 2014
Process: Email or call the FOI Coordinator for release of property information
Contact: Communications Department 604-541-2100 Email: agregerson@whiterockcity.ca
Links: City of White Rock
*BC’s Freedom of Information and Protection of Privacy Act (FIPPA)
FIPPA was created to help the public and the media obtain records that are only kept by public bodies. It is designed to provide information without sacrificing the privacy of others, including personal information that may be found on municipal records such as tax receipts, permits, etc.
To that point, FIPPA regulations say “…personal information is any recorded information that uniquely identifies you, such as your name, address, telephone number, age, sex, race, religion, sexual orientation, disability, fingerprints, or blood type. It includes information about your health care, educational, financial, criminal, or employment history. It also includes anyone else’s opinions about you and your own views or opinions.”
Governments or agencies may justify withholding some information in your request to protect the following: personal privacy, businesses’ trade secrets or unit pricing, solicitor-client privilege, deliberations of Council and Council Committees that are authorized to be held in the absence of the public (i.e. Closed or “in camera” meetings), policy advice, staff recommendations or draft regulations not yet made public, information that may affect a law enforcement matter (this includes bylaw enforcement), information that may harm the financial interests of the municipality, or other public body.
The Act allows 30 business days for public bodies to respond to requests for information, but most municipalities on this list will provide the information, within a day or a few days after receiving a request.
However, if there is any reason why the municipality does not provide the Information you request, they are required to explain that to you in writing.
You can appeal a decision to withhold information from an FOI request, but it is unlikely to be a problem. Governments are permitted to redact those parts of records that would breach personal privacy, such as names, birth dates, and so on.
Links: How to Submit a Freedom of Information Request