Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 19 responsibility for the registries. The procedures for registering or searching documents in the public registries and the legal rights of people using public registries remain unchanged.37 In Review Report 297-2021, the Commissioner found that a portion of an applicant’s access to information request sent to the Ministry of Justice involved information maintained by ISC in the public registry. The Commissioner found the Ministry of Justice still maintained control of the information. This was a result of the relationship between the Ministry of Justice and ISC that is established in The Operation of Public Registry Statutes Act.38 IPC Findings In Review Report 235-2016, the Commissioner found that FOIP did not apply to records stored within a registry that any person may search provided they pay a fee. The registry was the Mineral Administration Registry System Saskatchewan (MARS). In Review Report 277-2016, the Commissioner considered the Ministry of Economy’s (Economy) application of subsection 29(1) of FOIP to a map identifying parcels of land owned by individuals. The Commissioner found that the information on the map was publicly available through ISC at no cost and recommended release of the map. In Review Report LA-2007-001, the Commissioner found that a tax certificate enabled by section 395 of The Rural Municipalities Act (RMA) qualified as “material available for purchase by the public”. If the applicant wanted the data elements included in the tax certificate, it would be excluded by virtue of the equivalent subsection 3(1)(a) of (LA FOIP). The applicant’s remedy would be to pay the appropriate fee and purchase the relevant tax certificates. The Commissioner also determined that subsection 3(1)(a) of LA FOIP had no requirement that information already available to anyone as “published material” within the meaning of subsection 3(1)(a) of LA FOIP need all be contained in a single document or format. All of the applicant’s requested information could be purchased through a combination of tax certificates and title searches from ISC. In Review Report 297-2021, the Commissioner found that a portion of an applicant’s access to information request sent to the Ministry of Justice involved information maintained by ISC in the public registry. The Commissioner found the Ministry of Justice still maintained control 37 Government of Saskatchewan, Publications, Summary – the Operation of Public Registry Statutes Act, available at https://publications.saskatchewan.ca/#/products/114854. Accessed February 27, 2023. 38 SK OIPC Review Report 297-2021 at [24]. The Commissioner considered the relationship between ISC and the Government of Saskatchewan for the first time.
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