Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 4 can include exact copies of official records made for convenience of reference.4 Transitory records can include: • Information in a form used for casual communication. • Versions that were not communicated beyond the person who created the document. • Copies used for information, reference or convenience only. • Annotated drafts where the additional information is found in subsequent versions (except where retention is necessary as evidence of approval or the evolution of the document). • Source records used for updating electronic records. • Electronic versions of records where a hard copy is maintained in hard copy files. • Poor quality photographs which do not contribute to the purpose of the photography.5 The right of access does not apply to records that are excluded under section 3 of FOIP or where another provision prevails over FOIP under section 23 of FOIP or section 12 of The Freedom of Information and Protection of Privacy Regulations. For more on this see the Guide to FOIP, Chapter 1, “Purposes and Scope of FOIP”. The right of access is not absolute. There will be circumstances where information may be legitimately withheld by government institutions. The right of access is subject to limited and specific exemptions that are set out in Part III of FOIP. This includes sections 13 to 22 of FOIP. It also includes the personal information provisions at subsections 29(1), 30(1), and 31(2) in Part IV of FOIP. The exemptions all have specific criteria or tests that need to be met before an exemption may be applied. For more on exemptions see Part III and Part IV of FOIP or the Guide to FOIP, Chapter 4, “Exemptions from the Right of Access”. The reason an applicant wants specific information is not relevant when a government institution processes an access to information request. To require applicants to demonstrate a need for the information would erect a barrier to access. FOIP grants an open-ended or unqualified right of access to public information of which government institutions are only the stewards, 6 unless it is found that the access to information request should be disregarded pursuant to section 45.1 of FOIP. For more on applications to disregard see Section 45.1: 4 Provincial Archives of Saskatchewan, Records Classification and Retention Schedules, Administrative Records Management System 2014 at p. 13. Available at https://www.saskarchives.com/servicesgovernment/records-classification-and-retention-schedules. 5 Drapeau, Professor Michel W., Racicot, Me Marc-Auréle, Federal Access to Information and Privacy Legislation Annotated 2020, (Toronto: Thomson Reuters 2019) at p. 1-628. 6 Office of the Ontario Information and Privacy Commissioner (ON IPC) Order M-618 at p.16-17.
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