Guide to FOIP-Chapter 1

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 20 of the information. As a result, the Ministry of Justice directed ISC to conduct an additional search for responsive records. ISC located an email chain. Subsection 3(1)(b) Application 3(1) This Act does not apply to: … (b) material that is a matter of public record; or FOIP does not apply to material that is a “matter of public record”. No definition of the term “matter of public record” appears in FOIP and there has not been a great deal of judicial comment on that term, especially in the context of similar “access to information” statutes.39 A matter of public record is defined as documents that one would typically find in a public register that the members of the public have ready access to.40 A “matter of public record” would be information collected and maintained specifically for the purpose of creating a record available to the general public. A good example would be the land titles registry operated by ISC.41 The only other province with freedom of information legislation that appears to contain the same “matter of public record” exemption provision as set out in subsection 3(1)(b) of FOIP is Nova Scotia. Subsection 4(2)(b) of The Freedom of Information and Protection of Privacy Act, SNS 1993, c 5, reads identically to subsection 3(1)(b) of FOIP. Courts in that province have endorsed the same definitions of “matter of public record” as were endorsed in Germain v. Automobile Injury Appeal Commission, 2009 SKQB 106 (CanLII).42 To be a “matter of public record” two characteristics must be present: i. The record is held by a government institution that is under a duty to keep or collect it. 39 605499 Saskatchewan Ltd. v Rifle Shot Oil Corp., 2019 SKCA 133 at [67]. 40 SK OIPC Review Reports LA-2007-002 at [28] and 249-2017 at [8]. 41 SK OIPC Review Reports LA-2007-002 at [28]. Also cited in 605499 Saskatchewan Ltd. v Rifle Shot Oil Corp., 2019 SKCA 133 (CanLII) at [65]. 42 605499 Saskatchewan Ltd. v Rifle Shot Oil Corp., 2019 SKCA 133 (CanLII) at [66].