Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 22 Subsection 3(1)(c) Application 3(1) This Act does not apply to: … (c) material that is placed in the custody of a local authority by or on behalf of persons or organizations other than the local authority for archival purposes. LA FOIP does not apply to material that is placed in the custody of a local authority by or on behalf of persons or organizations other than the local authority for archival purposes. There are many reasons why individuals and organizations turn over their records to a local authority. For example, it is a means of sharing records with the broader community or for leaving a legacy. Records of individuals can come over time, as careers develop, or through the executors of estates. The records of organizations include businesses, associations, church groups, architectural firms, political associations etc. and cover every aspect of the history of the province. These records complement the historical record and provide insight into what has shaped the province over time. The transfer should occur through an agreement between the individual or organization and the local authority. Some agreements may include restrictions on access to the record and/or use.47 For subsection 3(1)(c) of LA FOIP, the following four-part test can be applied: 1. Was the record placed with the local authority by or on behalf of persons or organizations other than the local authority? The records must have been placed with the local authority by a third person or organization separate from the local authority. 47 The two preceding paragraphs were received from information provided by the Provincial Archives of Saskatchewan on April 20, 2018 and modified for LA FOIP.
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