The Local Authority Freedom of Information and …

1 1. Local Authority Freedom OF Information . AND PROTECTION OF PRIVACY The Local Authority Freedom of Information and Protection of Privacy Act being Chapter 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, ; and 2017, and NOTE: 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 consolidation. 2. Local Authority Freedom OF Information .

2 AND PROTECTION OF PRIVACY. Table of Contents PART I 30 Individual's access to personal Information Short Title, Interpretation and Application 31 Right of correction 1 Short title 32 Privacy powers of commissioner 2 Interpretation PART V. 3 Application Third Party Intervention 4 Existing rights preserved 33 Notice to third party PART II 34 Waiver of notice Access to Records 35 Right to make representations 5 Right of access 36 Decision Duty of Local Authority to assist PART VI. 6 Application Review and Appeal 7 Response required 37 Interpretation of Part Applications deemed abandoned 38 Application for review 8 Severability 39 Review or refusal to review 9 Fee 40 Notice of intention to investigate or review 10 Manner of access 41 Notice of application for review 11 Transfer of application 42 Conduct of review 12 Extension of time 43 Powers of commissioner PART III Power to authorize a Local Authority to Exemptions disregard applications or requests 13 Records from other governments 44 Report of commissioner 14 Law enforcement and investigations 45 Decision of head 15 Documents of a Local Authority 46 Appeal to court 16 Advice from officials 47 Powers of court on appeal 17 Economic and other interests PART VII.

3 18 Third party Information General 19 Testing procedures, tests and audits 48 Certain provisions adopted 20 Danger to health or safety 49 Exercise of rights by other persons 21 Solicitor-client privilege 50 Delegation 22 Confidentiality provisions in other enactments 51 Burden of proof 52 Annual report PART IV. Protection of Privacy 53 Repealed 23 Interpretation Access to manuals Duty of Local Authority to protect Records available without an application Information management service provider 54 Proceedings prohibited 24 Purpose of Information 55 Immunity from prosecution 25 Manner of collection 56 Offence 26 Standard of accuracy 57 Regulations 27 Use of personal Information 58 Coming into force 28 Disclosure of personal Information Notification 29 Personal Information of deceased individual 3. Local Authority Freedom OF Information .

4 AND PROTECTION OF PRIVACY CHAPTER An Act respecting a right of access to documents of Local authorities and a right of privacy with respect to personal Information held by Local authorities PART I. Short Title, Interpretation and Application Short title 1 This Act may be cited as The Local Authority Freedom of Information and Protection of Privacy Act. Interpretation 2 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.

5 (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 ;. 4. Local 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 .

6 (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.

7 (xi) the University of Saskatchewan, including Saint Thomas More College;. (xii) the University of Regina, including: (A) Campion College; and (B) Luther College with respect to its post-secondary level activities;. 5. Local Authority Freedom OF Information . AND PROTECTION OF PRIVACY (xiii) the provincial health Authority or an affiliate, as defined in The Provincial Health Authority Act;. (xiv) Repealed. 2002, , (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.

8 (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 Authority . 1990-91, , ; 1993, , ; 2002, , and ; 2002, , ;. 2005, , ; 2010, , ; 2014, , ; 2015, , ; 2017, c , ; 2017, c 17, Application 3(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.

9 (2) This Act binds the Crown. 1990-91, , Existing rights preserved 4 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;. 6. Local 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 public. 1990-91, , PART II. Access to Records Right of access 5 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 Authority .

10 1990-91, , Duty of Local Authority to assist (1) Subject to this Act and the regulations, a Local Authority shall respond to a written request for access openly, accurately and completely. (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 explanation. 2017, c 17, Application 6(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.