Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 5 (ii) any prescribed board, commission, Crown corporation or other body, or any prescribed portion of a board, commission, Crown corporation or other body, whose members or directors are appointed, in whole or in part: (A) by the Lieutenant Governor in Council; (B) by a member of the Executive Council; or (C) in the case of: (I) a board, commission or other body, by a Crown corporation; or (II) a Crown corporation, by another Crown corporation; FOIP applies to all “government institutions” as defined by subsection 2(1)(d) of FOIP. This includes ministries, boards, commissions, Crown corporations and other bodies as prescribed in the Appendix, Part I of The Freedom of Information and Protection of Privacy Regulations. See the Guide to FOIP, Chapter 1, “Purposes and Scope of FOIP” for more on the definition of a government institution. A government institution that is subject to FOIP has statutory duties with regard to providing access to information and protecting personal information in its possession or control. The head of a particular government institution may claim that the government institution is not covered by FOIP6 and consequently refuse a request for information on that basis. Such a refusal will likely be subject to review, at the request of the applicant, in the same way as a refusal based on a disclosure exemption. The applicability of FOIP to particular agencies may be resolved in this manner or through ultimate resort by the courts.7 FOIP states explicitly that the courts are not government institutions for the purposes of FOIP.8 6 Government institutions should consider the definition of a “government institution” at subsection 2(1)(d) of FOIP and the Appendix, Part I of the FOIP Regulations for additional prescribed “government institutions”. 7 Adapted from McNairn and Woodbury, Government Information: Access and Privacy, (2009), Carswell: Toronto at p. 2-7. 8 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01, at subsection 2(2)(c).
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