Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 4 The Supreme Court of Canada has interpreted access to information laws as quasiconstitutional. It follows that as fundamental rights, the rights to access and to privacy are interpreted generously, while the exceptions to these rights must be understood strictly.2 Access is defined as the right of an individual (or the individual’s lawfully authorized representative) to view or obtain copies of the records in the possession or control of a local authority including the individual’s personal information.3 A record is defined at subsection 2(j) of LA FOIP as “a record of information in any form and includes information that is written, photographed, recorded or stored in any manner, but does not include computer programs or other mechanisms that produce records.” A “record” includes transitory records that exist at the time of an access to information request. Transitory records are records of temporary usefulness that are needed only for a limited period of time, to complete a routine task, or to prepare an ongoing document. This can include exact copies of official records made for convenience of reference.4 Transitory records can include: • Information in a form used for casual communication. • Versions that were not communicated beyond the person who created the document. • Copies used for information, reference, or convenience only. • Annotated drafts where the additional information is found in subsequent versions (except where retention is necessary as evidence of approval or the evolution of the document). • Source records used for updating electronic records. • Electronic versions of records where a hard copy is maintained in hard copy files. • Poor quality photographs which do not contribute to the purpose of the photography.5 The right of access does not apply to records that are excluded under section 3 of LA FOIP or where another provision prevails over LA FOIP under section 22 of LA FOIP or section 8.1 of 2 Remarks of the Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada, Access to Information and Protection of Privacy in Canadian Democracy, May 5, 2009, also cited in Office of the Saskatchewan Information and Privacy Commissioner (SK OIPC) Review Report F-2010-002 at [44]. 3 SK OIPC, 2012-2013 Annual Report, Appendix 3. 4 Provincial Archives of Saskatchewan, Records Classification and Retention Schedules, Administrative Records Management System 2014 at p. 13. Available at https://www.saskarchives.com/servicesgovernment/records-classification-and-retention-schedules. 5 Drapeau, Professor Michel W., Racicot, Me Marc-Auréle, Federal Access to Information and Privacy Legislation Annotated 2020, (Toronto: Thomson Reuters 2019) at p. 1-628.
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