Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 1 OVERVIEW This Chapter explains the administration of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). This includes the roles and responsibilities of various bodies including the Ministry of Justice, local authorities and the Information and Privacy Commissioner. 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 Section 51: Burden of Proof later in this Chapter. This is a guide. 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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