Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 218 between what is being disclosed and what is required to comply. In other words, personal information may be disclosed to enable the government institution to fulfill the requirements of or deliver a service or program or carry out an activity that is authorized by a federal Act or regulation. Without the disclosure, the aims or objectives of the federal Act or regulation could not be met.627 (iii) A treaty, agreement or arrangement made pursuant to an Act or an Act of the Parliament of Canada. Treaty is a formally concluded and ratified agreement between states [OED]; a compact made between two or more independent nations with a view to the public welfare; an agreement, league or contract between two or more nations or sovereigns, formally signed by commissioners properly authorized and solemnly ratified by the several sovereigns or the supreme power of each state.628 For purposes of this provision, the treaty must have been made or entered into pursuant to an Act of Saskatchewan or Canada. Agreement means a contract between two or more parties creating obligations that are enforceable or otherwise recognizable at law.629 An agreement is more precise than an “arrangement” although not always in writing. For purposes of this provision, the agreement must have been made or entered into pursuant to an Act of Saskatchewan or Canada. Agreements include contracts, memoranda of understanding, collective agreements, etc.630 Example: Under subsection 31(1) of The Tobacco Tax Act, 1998, the Minister of Finance may enter into an agreement with the Government of Canada respecting the administration and enforcement of tax payable by importing consumers. Disclosure of personal information by the Minister to the Government of Canada to comply with this agreement would be authorized under subsection 29(2)(i)(iii) of FOIP. 627 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at pp. 6-158 to 6-159. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 628 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. 629 Adapted from Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 402. 630 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 271.

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