Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 8 To further this, subsection 3(a) of the FOIP Regulations indicates bodies listed in Part I of the Appendix are prescribed as government institutions. Subsection 2(2): Bodies Not Included Interpretation 2(2) “Government institution” does not include: (a) a corporation the share capital of which is owned in whole or in part by a person other than the Government of Saskatchewan or an agency of it; (b) the Legislative Assembly Service or, subject to subsections 3(3) and (4), offices of members of the Assembly or members of the Executive Council; or (c) the Court of Appeal, Her Majesty’s Court of Queen’s Bench for Saskatchewan or the Provincial Court of Saskatchewan. Bodies that are excluded from the definition of a government institution include those outlined at subsection 2(2) of FOIP. This includes: • Courts such as the Court of King’s Bench for Saskatchewan.13 • The Legislative Assembly Service and offices of members of the Legislative Assembly. • Members of Executive Council such as ministers’ offices. This means records held by any of these bodies are not subject to the access provisions and, in some instances, the privacy provisions set out in FOIP. However, see Subsection 3(3) and Subsection 3(4), later in this Chapter for more on the privacy provisions that apply to the Legislative Assembly Service and offices of members of the Assembly or members of the Executive Council. 13 FOIP still refers to the Court of Queen’s Bench at subsection 2(2)(c) but this changed in 2022 to the Court of King’s Bench. Future amendments to FOIP will likely capture and reflect this.
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