Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 2 WHO HAS THE RIGHT OF ACCESS Any person has a right of access to any records in the possession or control of a government institution. There are no limits on who can make an access to information request. An applicant means a person who makes a written request for access to information under section 6 of The Freedom of Information and Protection of Privacy Act (FOIP).0F 1 Government institutions should be aware of section 59 of FOIP which authorizes other individuals to exercise the rights of applicants under FOIP in specific circumstances. This includes making an access to information request and receiving access to information (including the applicant’s personal information) and addressing privacy matters on behalf of the applicant. These circumstances are outlined at subsections 59(a) through (e) of FOIP. For example, where a power of attorney has been granted, the power of attorney may exercise the rights of the individual under FOIP if the exercise of the right or power relates to the powers and duties of the power of attorney. For more on section 59, see Section 59: Exercise of Rights by Other Persons later in this Chapter. For more on making an access to information request, see Section 6: Application later in this Chapter. The applicant can be any person including individuals residing inside or outside of Saskatchewan, media outlets, corporations, political parties, etc. In addition, FOIP does not specify a minimum age, which means that minors may also make an access request. IPC Findings In Disregard Decision 285-2020, 286-2020, 287-2020, 288-2020, 289-2020, the Commissioner considered an application to disregard five access to information requests made by the Ministry of Parks, Culture and Sport (PCS). While presenting its arguments to the Commissioner that the requests were repetitious, systematic, vexatious and not made in good faith, PCS asserted that all five requests came from the Suffern Lake Cabin Owners Association (SLCOA). The applicants (two individuals) asserted that they made the requests as individuals and not as part of the SLCOA. After considering the arguments of both parties, the Commissioner found that there were two separate applicants in the matter. As such, only the access to information requests submitted by each individual were considered when reviewing whether the five requests met the tests for subsections 45.1(2)(a), (b) and (c) of 1 The Freedom of Information and Protection of Privacy Act, SS 1990-91, c F-22.01 at subsection 2(1)(a).
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