Guide to LA FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 5 The Local Authority Freedom of Information and Protection of Privacy Regulations. For more on this see the Guide to LA FOIP, Chapter 1, “Purposes and Scope of LA FOIP”. The right of access is not absolute. There will be circumstances where information may be legitimately withheld by local authorities. The right of access is subject to limited and specific exemptions that are set out in Part III of LA FOIP. This includes sections 13 to 21 of LA FOIP. It also includes the personal information provisions at subsections 28(1), 29(1), 30(2), and 30(3) in Part IV of LA FOIP. The exemptions all have specific criteria or tests that need to be met before an exemption may be applied. For more on exemptions see Part III and Part IV of LA FOIP or the Guide to LA FOIP, Chapter 4, “Exemptions from the Right of Access”. The reason an applicant wants specific information is not relevant when a local authority processes an access to information request. To require applicants to demonstrate a need for the information would erect a barrier to access. LA FOIP grants an open-ended or unqualified right of access to public information of which local authorities are only the stewards,6 unless it is found that the access to information request should be disregarded pursuant to section 43.1 of LA FOIP. For more on applications to disregard see Section 43.1: Power to Authorize a Local Authority to Disregard Applications or Requests later in this Chapter. Processing Access to Information Requests When responding to access to information requests, it is important that a local authority assign responsibilities for the various processing steps. Local authorities should develop a procedure for processing requests. The procedure should include steps that ensure legislated timelines and other requirements of LA FOIP are met. Local authorities should also create and retain documentation on their processing of requests.7 This becomes important in the event of a review pursuant to section 38 of LA FOIP or a court appeal pursuant to section 46 of LA FOIP. Depending on the request and the type of records requested there may be several steps that need to be taken such as giving notice to third parties. However, the most basic of access to information requests will follow these broad steps: 1. Receive an access to information request. 6 Office of the Ontario Information and Privacy Commissioner (ON IPC) Order M-618 at p.16-17. 7 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 3, at p. 68.

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