Guide to FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 177 SECTION 65.1: RECORDS AVAILABLE WITHOUT AN APPLICATION Records available without an application 65.1(1) Subject to subsection (2), the head may establish categories of records that are in the possession or under the control of the government institution and that are available to the public within a reasonable time without an application for access pursuant to this Act. (2) The head shall not establish a category of records that contain personal information or third party information unless that information may be disclosed pursuant to this Act or the regulations. Section 65.1 of FOIP is a new provision following the amendments of January 1, 2018. The purpose of this provision is to encourage open information strategies within government institutions. In addition to providing access to records in response to access requests, government institutions may provide access to information and records through two other means: 1. Routine disclosure in response to inquiries and requests for information. 2. Active dissemination of information.301 Routine Disclosure Routine disclosure, in response to an inquiry or request, occurs when access to a record can be granted without a request under FOIP.302 A government institution may make information accessible by routine disclosure through: • Answers to particular questions: Many inquiries are from members of the public seeking the answer to a question rather than asking for access to records. Occasionally, a person will combine a question with a request for records. To the greatest extent possible, government institutions should deal with these questions without a request for access under FOIP.303 301 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2, at p. 31. 302 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 2 at p. 31. 303 Service Alberta, FOIP Guidelines and Practice: 2009 Edition, Chapter 2 at p. 32.

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