Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 190 (vi) Another local authority. For subsection 28(2)(h.1)(vi) of LA FOIP to apply, the agency in question must qualify as a “local authority”. Subsection 2(f) The Local Authority Freedom of Information and Protection of Privacy Act defines which bodies qualify as local authorities. This provision uses some similar language and terms as found in subsection 14(1)(a.1) of LA FOIP. Definitions below have been drawn from guidance for this provision in this Chapter and the Guide to LA FOIP, Chapter 4: “Exemptions from the Right of Access”. Purpose in this context means the purpose to be attained or the thing intended to be done.515 Related to should be given a plain but expansive meaning.516 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.517 “Related to” requires some connection between the personal information and a purpose related to detecting, investigating, or preventing an act or omission that might constitute a terrorist activity.518 Detection is the act of discovering or revealing something that is hidden or barely perceptible, especially to solve a crime.519 Investigation can include police, security or administrative investigations or a combination of these. Investigation has been defined, in general terms, as a systematic process of examination, inquiry and observation.520 515 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 516 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 517 Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. This case dealt specifically with an appeal regarding Ontario’s FOIP legislation. 518 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 519 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 543. 520 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146.
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