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. 188 In the context of an access to information request by the public, there is no requirement under this provision for a local authority to provide access to a manual, policy, guideline or procedure that is already available to the public. However, local authorities should direct applicants to where they can find the manual, policy, guideline, or procedure online. For more on published material or material that is available for purchase see Guide to LA FOIP, Chapter 1, “Purposes and Scope of LA FOIP” at LA FOIP Does Not Apply. Subsection 53.1(1) applies to manuals, policies, guidelines, or procedures that are used by employees of the local authority. Employee of a local authority is defined at subsection 2(b.1) of LA FOIP as an individual employed by a local authority and includes an individual retained under a contract to perform services for the local authority. Subsection 53.1(1) of LA FOIP does not apply to manuals, policies, guidelines, or procedures that do not involve decision-making, such as manuals and guidelines for administrative support staff who perform clerical functions relating to an application process. Nor does this provision apply to technical documentation for machines or equipment, even if these may be used in support of a decision-making process. It also does not apply to manuals, policies, guidelines, or procedures that do not affect the public. For example, a local authority is not required to make internal administrative guidelines available under this provision (if they do not affect the public).334 IPC Findings In Review Report 042-2019, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Ministry of Corrections and Policing (Ministry) received an access to information request from Pro Bono Law Saskatchewan. The request was for copies of various policies, directives and other records used in decision-making processes that affect offenders. Pro Bono Law Saskatchewan requested a waiver of processing fees however, the Ministry denied the request. Pro Bono Law Saskatchewan requested a review by the Commissioner. Upon review, the Commissioner found that given the types of records requested, and the context surrounding those records, the requirements imposed on the Ministry by subsection 65(1) of FOIP superseded the issue related to fees. The Commissioner recommended that the Ministry ensure records used in a decision-making process that affects the public are provided in accordance with subsection 65(1) of FOIP, and without charging any fees. 334 Service Alberta, Bulletin No. 3: Access to Manuals and Guidelines at p. 2.

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