Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 10 … (d) “government institution” means, subject to subsection (2): (i) the office of Executive Council or any department, secretariat or other similar agency of the executive government of Saskatchewan; or (ii) any prescribed board, commission, Crown corporation or other body, or any prescribed portion of a board, commission, Crown corporation or other body, whose members or directors are appointed, in whole or in part: (A) by the Lieutenant Governor in Council; (B) by a member of the Executive Council; or (C) in the case of: (I) a board, commission or other body, by a Crown corporation; or (II) a Crown corporation, by another Crown corporation; The definition of a third party under FOIP can also include a “local authority”, as defined by subsection 2(f) of The Local Authority Freedom of Information and Protection of Privacy Act for purposes of FOIP.15 IPC Findings In Review Report 080-2018, the Commissioner determined, for the first time, that the Saskatchewan Health Authority (a local authority as defined by subsection 2(f) of The Local Authority Freedom of Information and Protection of Privacy Act) could qualify as a “third party” for purposes of FOIP. In Review Report 244-2018, the Commissioner considered whether the Ministry of Health and the pan-Canadian Pharmaceutical Alliance (pCPA) qualified as third parties pursuant to subsection 2(1)(j) of FOIP. The Commissioner found that the Ministry of Health did not qualify as a third party because it was a government institution. Furthermore, the Commissioner found that the pCPA did not qualify as a third party. This was in part because the Ministry of 15 SK OIPC Review Report 080-2018 at [51] and [52]. In addition, see SK OIPC blog, Can Public Bodies be a Third Party?. This replaces earlier interpretations by the SK OIPC that government institutions and local authorities could not qualify as third parties under FOIP and The Local Authority Freedom of Information and Protection of Privacy Act – for old precedent see SK OIPC F-2012-001/LA-2012-001 at [40] to [53].
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