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 21 ii. The record is information that members of the public have a right to access.43 Registry means a registry established or continued pursuant to a public registry statute and includes information provided to, and the data created or maintained in the operation of, a public registry statute.44 It can also be an electronic registry. Examples include the Information Services Corporation land titles registry and the corporate registry. Public record is defined as a record that a government unit is required by law to keep, such as land deeds kept at a county courthouse. Public records are generally open to view by the public.45 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. In Review Report 277-2016, the Commissioner recommended release of a map that showed parcels of land and their owners because they were publicly available using the ISC website. The information was accessed free of charge. In 605499 Saskatchewan Ltd. v Rifle Shot Oil Corp., 2019 SKCA 133 (CanLII) the Saskatchewan Court of Appeal determined that agreements regarding compensation for surface rights were not excluded from access under subsection 3(1)(b) of FOIP. 43 605499 Saskatchewan Ltd. v Rifle Shot Oil Corp., 2019 SKCA 133 (CanLII) at [67]. 44 Subsection 2(1)(i) of The Operation of Public Registry Statutes Act, SS 2013, c O-4.2. Subsection 2(1)(h) of this Act also defines “public registry statute” as an Act designated by subsection (2) with respect to a service agreement that has been entered into and includes regulations or an Act for which a contractor is authorized to exercise powers or fulfill duties in accordance with subsection 10(1) and includes regulations. 45 Garner, Bryan A., 2004. Black’s Law Dictionary, 8th Edition. St. Paul, Minn.: West Group at p. 1301, relied on in Germain v. Automobile Injury Appeal Commission, 2009 SKKB 106 (CanLII) at [69] and [72]. Also cited in SK OIPC Investigation Report LA-2012-001 at [14] to [17].