Local Authority Freedom of Information and Protection of ...

1 1c. Local Authority Freedom OF Information AND Protection OF PRIVACYThe Local Authority Freedom of Information and Protection of Privacy ActbeingChapter of the Statutes of Saskatchewan, 1990-91 (consult Table of Saskatchewan Statutes for effective dates) as amended by the Statutes of Saskatchewan, 1993, ; 1996, ; 1999, ; 2001, ; 2002, and ; 2003, ; 2005, ; 2006, ; 2009, ; 2010, ; 2014, and ; 2015, , 2017, and ; and 2018, :This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this Authority Freedom OF Information AND Protection OF PRIVACYT able of ContentsPART IShort Title, Interpretation and Application 1 Short title 2 Interpretation 3 Application 4 Existing rights preservedPART IIAccess to Records 5 Right of access Duty of Local Authority to assist 6 Application 7 Response required Applications deemed abandoned 8 Severability 9 Fee10 Manner of access11 Transfer of application12 Extension of timePART IIIE xemptions13 Records from other governments14 Law enforcement and investigations15 Documents of a Local authority16 Advice from officials17 Economic and other interests18 Third party information19 Testing procedures.

2 Tests and audits20 Danger to health or safety21 Solicitor-client privilege22 Confidentiality provisions in other enactmentsPART IVProtection of Privacy23 Duty of Local Authority to Information management service provider24 Purpose of information25 Manner of collection26 Standard of accuracy27 Use of personal information28 Disclosure of personal Notification29 Personal Information of deceased individual30 Individual s access to personal information31 Right of correction32 Privacy powers of commissionerPART VThird Party Intervention33 Notice to third party34 Waiver of notice35 Right to make representations36 DecisionPART VIReview and Appeal37 Interpretation of Part38 Application for review39 Review or refusal to review40 Notice of intention to investigate or review41 Notice of application for review42 Conduct of review43 Power to authorize a Local Authority to disregard applications or Power to authorize a Local Authority to disregard applications or requests 44 Report of commissioner45 Decision of head46 Appeal to court47 Powers of court on appealPART VIIG eneral48 Certain provisions adopted49 Exercise of rights by other persons50 Delegation51 Burden of proof52 Annual report53 Access to Records available without an application54 Proceedings prohibited55 Immunity from prosecution56 Offence57 Regulations58 Coming into force3c.

3 Local Authority Freedom OF Information AND Protection OF PRIVACYCHAPTER Act respecting a right of access to documents of Local authorities and a right of privacy with respect to personal Information held by Local authoritiesPART IShort Title, Interpretation and ApplicationShort title1 This Act may be cited as The Local Authority Freedom of Information and Protection of Privacy In this Act:(a) applicant means a person who makes an application for access to a record pursuant to section 6;(b) commissioner means the Information and Privacy Commissioner appointed pursuant to The Freedom of Information and Protection of Privacy Act;( ) employee means an individual employed by a Local Authority and includes an individual retained under a contract to perform services for the Local Authority ;(c) fiscal year means the period commencing on April 1 in one year and ending on March 31 in the following year;(d) government institution means a government institution as defined in The Freedom of Information and Protection of Privacy Act;(e) head means:(i) in the case of a municipality, the mayor, reeve or chairperson of the Local advisory committee, as the case may be;( ) in the case of a police service, the chief as defined in The Police Act, 1990; or(ii) in the case of any other Local Authority :(A) the chairperson of the governing body of the Local Authority ; or(B) the individual designated as the head by the governing body of the Local Authority ;4c.

4 Authority Freedom OF Information AND Protection OF PRIVACY( ) Information management service provider means a person who or body that: (i) processes, stores, archives or destroys records of a Local Authority containing personal Information ; or (ii) provides Information management or Information technology services to a Local Authority with respect to records of the Local Authority containing personal Information ;(f) Local Authority means:(i) a municipality;(ii) Repealed. 2002, , (iii) Repealed. 2002, , (iv) a committee of a council of a municipality;(v) any board, commission or other body that:(A) is appointed pursuant to The Cities Act, The Municipalities Act or The Northern Municipalities Act, 2010; and(B) is prescribed;(vi) the board of a public library within the meaning of The Public Libraries Act, 1984;(vii) the Northern Library Office established pursuant to The Public Libraries Act, 1984;(viii) any board of education or conseil scolaire within the meaning of The Education Act;( ) a police service or regional police service as defined in The Police Act, 1990;(ix) a regional college within the meaning of The Regional Colleges Act, other than the Saskatchewan Indian Community College;(x) the Saskatchewan Polytechnic;(xi) the University of Saskatchewan, including Saint Thomas More College.

5 (xii) the University of Regina, including:(A) Campion College; and(B) Luther College with respect to its post-secondary level activities;(xiii) the provincial health Authority or an affiliate, as defined in The Provincial Health Authority Act;(xiv) Repealed. 2002, , Local Authority Freedom OF Information AND Protection OF PRIVACY(xv) Repealed. 2002, , (xvi) Repealed. 2002, , (xvii) any board, commission or other body that:(A) receives more than 50% of its annual budget from the Government of Saskatchewan or a government institution; and(B) is prescribed;(g) minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned;(h) personal Information means personal Information within the meaning of section 23;(i) prescribed means prescribed in the regulations;(j) record means a record of Information in any form and includes informa-tion that is written, photographed, recorded or stored in any manner, but does not include computer programs or other mechanisms that produce records;(k) third party means a person, including an unincorporated entity, other than an applicant or a Local , , ; 1993, , ; 2002, , and ; 2002, , ; 2005, , ; 2010, , ; 2014, , ; 2015, , ; 2017, c.

6 2017, c 17, (1) This Act does not apply to:(a) published material or material that is available for purchase by the public;(b) material that is a matter of public record; or(c) material that is placed in the custody of a Local Authority by or on behalf of persons or organizations other than the Local Authority for archival purposes.(2) This Act binds the , , rights preserved4 This Act:(a) complements and does not replace existing procedures for access to Information or records in the possession or under the control of a Local Authority ;(b) does not in any way limit access to the type of Information or records that is normally available to the public;(c) does not limit the Information otherwise available by law to a party to litigation;6c. Authority Freedom OF Information AND Protection OF PRIVACY(d) does not affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents;(e) does not prevent access to a registry operated by a Local Authority where access to the registry is normally allowed to the , , IIAccess to RecordsRight of access5 Subject to this Act and the regulations, every person has a right to and, on an application made in accordance with this Part, shall be permitted access to records that are in the possession or under the control of a Local , , of Local Authority to (1) Subject to this Act and the regulations, a Local Authority shall respond to a written request for access openly, accurately and completely.

7 (2) On the request of an applicant, the Local Authority shall: (a) provide an explanation of any term, code or abbreviation used in the Information ; or(b) if the Local Authority is unable to provide an explanation in accordance with clause (a), endeavour to refer the applicant to a person who is able to provide an , c 17, (1) An applicant shall:(a) make the application in the prescribed form to the Local Authority in which the record containing the Information is kept; and(b) specify the subject matter of the record requested with sufficient particularity as to time, place and event to enable an individual familiar with the subject-matter to identify the record.(2) Subject to subsection (4) and subsection 11(3), an application is deemed to be made when the application is received by the Local Authority to which it is directed.(3) Where the head is unable to identify the record requested, the head shall advise the applicant, and shall invite the applicant to supply additional details that might lead to identification of the record.

8 (4) Where additional details are invited to be supplied pursuant to subsection (3), the application is deemed to be made when the record is , , ; 2015, , Local Authority Freedom OF Information AND Protection OF PRIVACYR esponse required7(1) Where an application is made pursuant to this Act for access to a record, the head of the Local Authority to which the application is made shall:(a) consider the application and give written notice to the applicant of the head s decision with respect to the application in accordance with subsection (2); or(b) transfer the application to another Local Authority or to a government institution in accordance with section 11.(2) The head shall give written notice to the applicant within 30 days after the application is made:(a) stating that access to the record or part of it will be given on payment of the prescribed fee and setting out the place where, or manner in which, access will be available;(b) if the record requested is published, referring the applicant to the publication;(c) if the record is to be published within 90 days, informing the applicant of that fact and of the approximate date of publication;(d) stating that access is refused, setting out the reason for the refusal and identifying the specific provision of this Act on which the refusal is based;(e) stating that access is refused for the reason that the record does not exist;(f) stating that confirmation or denial of the existence of the record is refused pursuant to subsection (4).

9 Or(g) stating that the request has been disregarded pursuant to section and setting out the reason for which the request was disregarded.(3) A notice given pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is given.(4) If an application is made with respect to a record that is exempt from access pursuant to section 14, 20 or 21 or subsection 28(1), the head may refuse to confirm or deny that the record exists or ever did exist.(5) A head who fails to give notice pursuant to subsection (2) is deemed to have given notice, on the last day of the period set out in that subsection, of a decision to refuse to give access to the , , ; 2017, c 17, deemed abandoned (1) If the head has invited the applicant to supply additional details pursuant to subsection 6(3) or has given the applicant notice pursuant to clause 7(2)(a) and the applicant does not respond within 30 days after receiving the invitation or notice, the application is deemed to be Authority Freedom OF Information AND Protection OF PRIVACY(2) The head shall provide the applicant with a notice advising that the application is deemed to be abandoned.

10 (3) A notice provided pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is , c 17, Where a record contains Information to which an applicant is refused access, the head shall give access to as much of the record as can reasonably be severed without disclosing the Information to which the applicant is refused , , (1) An applicant who is given notice pursuant to clause 7(2)(a) is entitled to obtain access to the record on payment of the prescribed fee.(2) Where the amount of fees to be paid by an applicant for access to records is greater than a prescribed amount, the head shall give the applicant a reasonable estimate of the amount, and the applicant shall not be required to pay an amount greater than the estimated amount.(3) Where an estimate is provided pursuant to subsection (2), the time within which the head is required to give written notice to the applicant pursuant to subsection 7(2) is suspended until the applicant notifies the head that the applicant wishes to proceed with the application.