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. 189 Subsection 53.1(2) Access to manuals 53.1(2) Any information in a record that a head would be authorized to refuse to give access to pursuant to this Act or the regulations may be excluded from manuals, policies, guidelines or procedures that are made available or provided pursuant to subsection (1). Subsection 53.1(2) of LA FOIP provides that any information within the manuals, policies, guidelines, or procedures that can be withheld in accordance with exemptions under LA FOIP can be excluded prior to posting them online. For more on what exemptions may apply see Part III of LA FOIP or Guide to LA FOIP, Chapter 4, “Exemptions from the Right of Access”. This provision allows a local authority to remove or “sever” information from the manuals, policies, guidelines, or procedures. For more on severing see Section 8: Severability, earlier in this Chapter. Section 53.2: Records Available Without an Application Records available without an application 53.2(1) Subject to subsection (2), the head may establish categories of records that are in the possession or under the control of the local authority and that are available to the public within a reasonable time without an application for access pursuant to this Act. (2) The head shall not establish a category of records that contain personal information or third party information unless that information may be disclosed pursuant to this Act or the regulations. Section 53.2 of LA FOIP is a new provision following the amendments of January 1, 2018. The purpose of this provision is to encourage open information strategies within local authorities. In addition to providing access to records in response to access requests, local authorities may provide access to information and records through two other means: 1. Routine disclosure in response to inquiries and requests for information.

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