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. 183 (i) The Government of Canada or its agencies, Crown corporations or other institutions. For subsection 28(2)(h)(i) of LA FOIP to apply, the agencies in question must qualify as either “Government of Canada or its agencies, Crown corporations or other institutions”. Because of the possessive pronoun in this clause, “agencies” and “other institutions” should be understood as federal agencies and federal institutions. For “other institutions”, it should be either federal government institutions as defined by the federal Access to Information Act or institutions controlled by the federal government.493 For some assistance, Schedule 1 (Section 3) of the federal Access to Information Act provides a list of federal government institutions. Government of Canada means the Crown in right of Canada.494 (ii) The Government of Saskatchewan or a government institution. For subsection 28(2)(h)(ii) of LA FOIP to apply, the agencies in question must qualify as either the “Government of Saskatchewan” or a “government institution”. Government of Saskatchewan has a broader meaning than “government institution”. Government of Saskatchewan means the Crown in right of Saskatchewan.495 Government institution means a “government institution” as defined at subsection 2(1)(d) of The Freedom of Information and Protection of Privacy Act. It also includes boards, commissions, Crown corporations and other bodies prescribed in the Appendix, Part I of The Freedom of Information and Protection of Privacy Regulations. (iii) The government of another province or territory of Canada, or its agencies, Crown corporations or other institutions. For subsection 28(2)(h)(iii) of LA FOIP to apply, the agencies in question must qualify as a “government of another province or territory of Canada, or its agencies, 493 SK OIPC Review Report F-2006-002 at [23] and [32]. 494 The Legislation Act, SS 2019, c L-10.2 at s. 2-29. 495 The Legislation Act, SS 2019, c L-10.2 at s. 2-29.

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