Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 89 Electronic means created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means.132 Be produced means to be brought forward for use.133 Normal computer hardware and software and technical expertise means the computerized data processing equipment, accompanying software programs and in-house technical staff employed by the government institution on a daily basis. A government institution is not required to acquire equipment or software or seek the expertise of an outside body or person to create a record from a machine-readable record in its possession or under its control.134 For subsection 10(2)(c) of FOIP, the phrase “reasonably practicable” appears. This phrase is not defined in FOIP. However, the following assists: Reasonably practicable: Reasonable means fair, proper or moderate under the circumstances, sensible.135 Practicable means feasible, fair and convenient and is not synonymous with possible. An act is practicable of which conditions or circumstances permit the performance.136 What is reasonably practicable depends on the circumstances in each case. To interfere unreasonably with the operations of the government institution is language also found in subsection 12(1)(a) of FOIP. Interference, in this context, means to obstruct or hinder the range of effectiveness of the government institution’s activities.137 132 The Electronic Information and Documents Act, 2000, SS 2000, c E-7.22 at s. 3(a). 133 Adapted from British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 134 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 135 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1456. 136 Gardner, J., and Gardner K. (2016) Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 4, P to R, at p. P-280. The Court of Appeal of Alberta relied on this definition in R. v. Mudry, 1979 ABCA 286 (CanLII) at [14] and again in the Provincial Court of Alberta decision R. v. Graham, 2014 ABPC 197 (CanLII) at [14]. 137 SK OIPC Review Report F-2006-005 at [60] to [63].
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