Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 12 they happen to have in their offices at any given time. That would clearly not be contemplated as being within the intent and purpose of FOIP.23 While the expectation of privacy may be somewhat circumscribed, there is still both a right to and a reasonable expectation of privacy in relation to certain personal information contained on or in government owned equipment and accounts.24 2. Can the government institution reasonably expect to obtain a copy of the document upon request?25 All factors must be considered when determining the second question. These factors include: • The substantive content of the record. • The circumstances in which it was created. • The legal relationship between the government institution and the record holder.26 The reasonable expectation test is objective. If a senior official of the government institution, based on all relevant factors, reasonably should be able to obtain a copy of the record, the test is met.27 If both test questions are answered in the affirmative, the document is under the control of the government institution. The following factors may also be considered if it is still unclear whether the government institution has “control” of the records at issue: • The record was created by a staff member, an officer, or a member of the government institution in the course of his or her duties performed for the government institution. • The record was created by an outside consultant for the government institution. 23 See City of Ottawa v. Ontario, 2010 ONSC 6835 (CanLII) at [37]. See also SK OIPC Review Report F2014-007. 24 Office of the Northwest Territories Information and Privacy Commissioner (NWT IPC) Review Report 20-247 at [37]. 25 Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25 (CanLII), [2011] 2 SCR 306 at [55] and [56]. 26 Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25 (CanLII), [2011] 2 SCR 306 at [56]. 27 Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25 (CanLII), [2011] 2 SCR 306 at [56].
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