Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 6 IPC Findings In Review Report 056-2014, the Commissioner considered whether the Office of the Chief Coroner (OCC) was a government institution pursuant to subsection 2(d) of FOIP. The Commissioner found that the OCC was not a government institution and recommended that the Ministry of Justice take steps to amend section 3 of the Appendix, Part I of The Freedom of Information and Protection of Privacy Regulations to include the OCC as a prescribed government institution. An amendment was made in 2016 adding the Office of the Chief Coroner to the list of government institutions in The Freedom of Information and Protection of Privacy Regulations.9 Head of a Government Institution Interpretation 2(1) In this Act: … (e) “head” means: (i) in the case of an agency mentioned in subclause d(i), the member of the Executive Council responsible for the administration of the agency; and (ii) in the case of a board, commission, Crown corporation or body mentioned in subsection (d)(ii), the prescribed person; The head of each government institution is responsible for all decisions made under FOIP that relate to the government institution. It would be difficult and perhaps ineffective to have an entire government institution accountable. Therefore, accountability rests with the “head” of the government institution. Subsection 2(1)(e) of FOIP defines the “head” of a government institution. In most circumstances, the head is generally the minister, chief executive officer or chair of a government institution. 9 Publications Saskatchewan, OC 134/2016 – The Freedom of Information and Protection of Privacy (Designation) Amendment Regulations, 2016 (Minister of Justice and Attorney General). See https://publications.saskatchewan.ca/#/products/78543.
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