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 23 significance. Overall, these records complement the government record and provide insight into what has shaped the province over time. The transfer occurs through an agreement between the individual or organization and the Archives. Some agreements also include restrictions on access to the record and/or use.46 For subsection 3(1)(c) of FOIP, the following three-part test can be applied: 1. Was the record placed in the Provincial Archives by or on behalf of persons or organizations other than a government institution? The records must have been placed in the Provincial Archives by a third person or organization separate from a government institution. 2. Is the record now located in the Provincial Archives? One factor that must be met is the record(s) must have been physically transferred to the custody of the Provincial Archives. A written agreement can be evidence that ownership of the record and the physical record have been transferred to the Provincial Archives. 3. If there is no agreement in place, is there correspondence that documents the transfer of the record(s) to the custody of the Provincial Archives? For some earlier private record donations, paper trails may exist but no formal agreement. The key is to document that the record is a private record from an individual or organization and that the Provincial Archives has ownership of the record in its Collection.47 46 The three preceding paragraphs were provided by the Provincial Archives of Saskatchewan on April 20, 2018. 47 Test established with assistance from the Provincial Archives of Saskatchewan on April 30, 2018 and modified from SK OIPC Review Report LA-2010-002 at [135] to [153].