Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 176 IPC Findings In Review Report 042-2019, the Commissioner considered subsection 65(1) of FOIP. The Ministry of Corrections and Policing (Ministry) received an access to information request from Pro Bono Law Saskatchewan. The request was for copies of various policies, directives and other records used in decision-making processes that affect offenders. Pro Bono Law Saskatchewan requested a waiver of processing fees however, the Ministry denied the request. Pro Bono Law Saskatchewan requested a review by the Commissioner. Upon review, the Commissioner found that given the types of records requested, and the context surrounding those records, the requirements imposed on the Ministry by subsection 65(1) of FOIP superseded the issue related to fees. The Commissioner recommended that the Ministry ensure records used in a decision-making process that affects the public are provided in accordance with subsection 65(1) of FOIP, and without charging any fees. Subsection 65(2) Access to manuals 65(2) Any information in a record that a head would be authorized to refuse to give access to pursuant to this Act or the regulations may be excluded from manuals, policies, guidelines or procedures that are made available or provided pursuant to subsection (1). Subsection 65(2) of FOIP provides that any information within the manuals, policies, guidelines or procedures that can be withheld in accordance with exemptions under FOIP can be excluded prior to posting them online. For more on what exemptions may apply see Part III of FOIP or the Guide to FOIP, Chapter 4, “Exemptions from the Right of Access”. This provision allows a government institution to remove or “sever” information from the manuals, policies, guidelines or procedures. For more on severing see Section 8: Severability earlier in this Chapter.
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