Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 4 (xvii) any board, commission or other body that: (A) receives more than 50% of its annual budget from the Government of Saskatchewan or a government institution; and (B) is prescribed; LA FOIP applies to all “local authorities” as defined by subsection 2(f) of LA FOIP. This includes Boards, Commissions and other bodies prescribed as local authorities in the Appendix, Parts I and II of The Local Authority Freedom of Information and Protection of Privacy Regulations. See the Guide to LA FOIP, Chapter 1, “Purposes and Scope of LA FOIP” for more on the definition of a local authority. A local authority that is subject to LA FOIP has statutory duties with regards to providing access to information and protection of personal information in its possession or control. The head of a particular local authority may claim that the local authority is not covered by LA FOIP3 and consequently refuses a request for information on that basis. Such a refusal will likely be subject to review, at the request of the applicant, in the same way as a refusal based on a disclosure exemption. The applicability of LA FOIP to a particular organization may be resolved in this manner or through ultimate resort by the courts.4 IPC Findings In Investigation Report 074-2018, 075-2018, the Commissioner considered an alleged breach of privacy involving the Town of Rocanville, the Rural Municipality of Rocanville No. 151, the Rocanville Parks and Recreation Board, the Rocanville Economic Development Organization and the Potash Corp Rocanville Community Hall Committee. Part of the Commissioner’s investigation involved first determining which bodies constituted local authorities under LA FOIP. The Commissioner found that the Town of Rocanville and the Rural Municipality of Rocanville No. 151 were local authorities pursuant to subsection 2(f)(i) of LA FOIP. Further, the Commissioner found that the Rocanville Economic Development Organization constituted a local authority pursuant to subsection 2(f)(v) of LA FOIP because the Town established it via bylaw pursuant to section 8 of The Municipalities Act. Subsection 2(f)(v)(B) of LA FOIP and the Appendix, Part I of The Local Authority Freedom of Information and 3 Local authorities should consider the definition of a “local authority” at subsection 2(f) of LA FOIP and the Appendix, Parts I and II, of the LA FOIP Regulations for additional prescribed “local authorities”. 4 Adapted from McNairn and Woodbury, Government Information: Access and Privacy, (2009), Carswell: Toronto at p. 2-7.
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