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 1 OVERVIEW This Chapter explains the purposes and scope of The Freedom of Information and Protection of Privacy Act (FOIP). What follows is non-binding guidance. Every matter should be considered on a case-by-case basis. This guidance is not intended to be an exhaustive authority on the interpretation of these provisions. Government institutions may wish to seek legal advice when deciding on how to interpret the Act. Government institutions should keep section 61 of FOIP in mind. Section 61 places the burden of proof for establishing that access to a record may or must be refused on the government institution. For more on the burden of proof, see the Guide to FOIP, Chapter 2, “Administration of FOIP”. This is a guide. QUASI-CONSTITUTIONAL STATUS In 1992, The Freedom of Information and Protection of Privacy Act (FOIP) was proclaimed. FOIP applies to “government institutions”. This captures all Ministries of the Saskatchewan Government plus Crown corporations, Boards, Commissions and Agencies prescribed in the Appendix at Part I of The Freedom of Information and Protection of Privacy Regulations. The tests, criteria and interpretations established in this Chapter reflect the precedents set by the current and/or former Information and Privacy Commissioners in Saskatchewan through the issuing of Review Reports. Court decisions from Saskatchewan affecting The Freedom of Information and Protection of Privacy Act (FOIP) will be followed. Where this office has not previously considered a section of FOIP, the Commissioner looked to other jurisdictions for guidance. This includes other Information and Privacy Commissioners’ Orders, Reports and/or other relevant resources. In addition, court decisions from across the country are relied upon where appropriate. This Chapter will be updated regularly to reflect any changes in precedent. This office will update the footer to reflect the last update. Using the electronic version directly from our website will ensure you are always using the most current version.