Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 33 Government, its Crown corporations and agencies. This it does by setting out the procedures to be followed and the guidelines to be applied. In my opinion, however, s. 4 makes it clear the procedures and guidelines are not to be applied retrospectively so as to restrict access to information the public was previously entitled to. In the City Collection decision, the Court observed that: [8] Prior to the passage of the Act, SGI [Saskatchewan Government Insurance] routinely provided the appellants with vehicle registration information, and in particular, the names and addresses of the registered owners of vehicles which were parked in facilities operated by Imperial. This was in keeping with the then existing policy and procedure of SGI to make this information available to members of the public who had a genuine interest in this information. Section 4 of FOIP was also considered by the Saskatchewan Court of Appeal in General Motors Acceptance Corp. of Canada v. Saskatchewan Government Insurance, 1993 CanLII 9128 (SK CA). In this decision, the Court noted that: [4] The evidence clearly established that this practice prevailed before proclamation of the Act. Before enactment of The Vehicle Administration Act, SS. 1986, c. V-2.1, the Highway Traffic Board performed a similar function under The Vehicles Act, R.S.S. 1978, c. V-3 (REPEALED). When records of registration were under the control of the Highway Traffic Board, members of the public enjoyed access to its records for the type of information sought in this case. … [10] …The Act does not limit or reduce the rights of access existing at the time of proclamation. It is important whether access to information or records antedated the proclamation of FOIP. The approach the Court of Appeal has taken in the past is to view this provision as a kind of grandfathering provision.
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