Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 1, Purposes and Scope of LA FOIP. Updated 7 March 2023. 1 OVERVIEW This Chapter explains the purposes and scope of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). What follows is non-binding guidance. Every matter should be considered on a case-by-case basis. This guidance is not intended to be an exhaustive authority on the interpretation of these provisions. Local authorities may wish to seek legal advice when deciding on how to interpret the Act. Local authorities should keep section 51 of LA FOIP in mind. Section 51 places the burden of proof for establishing that access to a record may or must be refused on the local authority. For more on the burden of proof, see the Guide to LA FOIP, Chapter 2, “Administration of LA FOIP”. This is a guide. QUASI-CONSTITUTIONAL STATUS In 1993, The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) was proclaimed. This law is similar to The Freedom of Information and Protection of Privacy Act (FOIP) but applies to “local authorities” such as schools, universities, regional health authorities, municipalities, and library boards as well as any local authorities prescribed in the Appendix at Parts I and II of The Local Authority Freedom of Information and Protection of Privacy Regulations. The tests, criteria and interpretations established in this Chapter reflect the precedents set by the current and/or former Information and Privacy Commissioners in Saskatchewan through the issuing of Review Reports. Court decisions from Saskatchewan affecting The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) will be followed. Where this office has not previously considered a section of LA FOIP, the Commissioner looked to other jurisdictions for guidance. This includes other Information and Privacy Commissioners’ Orders, Reports and/or other relevant resources. In addition, court decisions from across the country are relied upon where appropriate. This Chapter will be updated regularly to reflect any changes in precedent. This office will update the footer to reflect the last update. Using the electronic version directly from our website will ensure you are always using the most current version.
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