Guide to LA FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 172 (b) for the purpose of complying with: … (ii) rules of court that relate to the production of information; Subsection 28(2)(b)(ii) of LA FOIP provides that a local authority can disclose personal information without consent if it is for the purpose of complying with rules of court that relate to the production of information. To comply with rules of court means to act in accordance with or fulfill the requirements of the rules of court.471 Rules of court are the rules of procedures that govern all proceedings before the courts, each has its own rules of procedure.472 The rules of court govern the practices and procedures to be followed in matters that are brought before the Court. Compliance with the Rules is mandatory, and it is the responsibility of lawyers or persons who represent themselves in court proceedings to know and comply with the rules that may apply to their proceeding. Failure to comply can result in unnecessary delay and expense. It could also result in a significant disadvantage or loss in a person’s ability to pursue a claim, appeal or defence.473 Examples of rules of court that relate to the production of information include: • The Court of King’s Bench Rules respecting discovery of documents in a civil court proceeding. • The common law rules developed by the criminal courts respecting Crown disclosure in criminal cases.474 Local authorities should keep subsections 4(c) and (d) of LA FOIP in mind when dealing with subsection 28(2)(b)(ii) of LA FOIP. 471 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-184. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 472 Courts of Saskatchewan, Rules & Practice Directives, available at RULES & PRACTICE DIRECTIVES | Saskatchewan Courts (sasklawcourts.ca). Accessed December 14, 2022. 473 Courts of Saskatchewan, Rules & Practice Directives, available at RULES & PRACTICE DIRECTIVES | Saskatchewan Courts (sasklawcourts.ca). Accessed December 14, 2022. 474 Adapted from Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-185. Available at Chapter (gov.mb.ca). Accessed December 14, 2022.

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