Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 161 Subsection 26(1)(h) of FOIP permits a government institution to collect personal information indirectly if another Act or regulation permits it. Sometimes another Act or regulation outside of FOIP authorizes indirect collection of personal information. Other provisions in FOIP generally indicate clearly when both federal and Saskatchewan Acts and regulations are captured by the provision (e.g., s. 26(1)(c) of FOIP). Subsection 26(1)(h) of FOIP only states “Act or regulation”. Therefore, it is necessary to look to general definitions in The Legislation Act which establishes general rules that govern the interpretation of all statutory instruments in Saskatchewan. Based on sections 2-29 and 4-1 of The Legislation Act, the following definitions apply for subsection 26(1)(h) of FOIP: An Act means an Act of the Legislature and includes an Ordinance of the Northwest Territories in force in Saskatchewan.478 A regulation means a statutory instrument that is made pursuant to a power in the public Act if the word “regulation” or “regulations” is used in conferring that power and includes a statutory instrument designated in the regulations made pursuant to this Part but does not include: (a) a regulation adopted by reference. (b) a statutory instrument that is made by a corporation, unless all the members of the corporation or all the members of the board of directors or board of management of the corporation are appointed pursuant to an Act or by the Lieutenant Governor in Council and the regulation is made pursuant to a power in a public Act if the word “regulation” or “regulations” is used in conferring that power.479 Based on this, it appears the Legislative Assembly’s intention was that subsection 26(1)(h) of FOIP only includes provincial Acts and regulations in force in Saskatchewan. If it had intended 478 See subsection 2-29 of The Legislation Act, S.S. 2019, Chapter L-10.2. 479 See subsection 2-29 of The Legislation Act, S.S. 2019, Chapter L-10.2.
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