Local Authority Freedom of Information and Protection of ...

[Pages:62]LOCAL AUTHORITY FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

1 c. L-27.1

The Local Authority

Freedom of Information and

Protection of Privacy Act

being

Chapter L-27.1 of the Statutes of Saskatchewan, 1990-91 (consult Table of Saskatchewan Statutes for effective dates) as amended by the Statutes of Saskatchewan, 1993, c.55; 1996, c.9; 1999, c.H-0.021; 2001, c.50; 2002, c.C-11.1 and R-8.2; 2003, c.29; 2005, M-36.1; 2006, c.19; 2009, c.32; 2010, c.N-5.2; 2014, c.E-13.1 and c.S-32.21; 2015, c.21, 2017, c.P-30.3 and c.17; 2018, c.42; and 2022, c.9.

NOTE:

This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

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LOCAL AUTHORITY FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

Table of Contents

PART I Short Title, Interpretation and Application 1 Short title 2 Interpretation 3 Application 4 Existing rights preserved

PART II Access to Records 5 Right of access 5.1 Duty of local authority to assist 6 Application 7 Response required 7.1 Applications deemed abandoned 8 Severability 9 Fee 10 Manner of access 11 Transfer of application 12 Extension of time

PART III Exemptions 13 Records from other governments 14 Law enforcement and investigations 15 Documents of a local authority 16 Advice from officials 17 Economic and other interests 18 Third party information 19 Testing procedures, tests and audits 20 Danger to health or safety 21 Solicitor-client privilege 22 Confidentiality provisions in other enactments

PART IV Protection of Privacy 23 Interpretation 23.1 Duty of local authority to protect 23.2 Information management service provider 24 Purpose of information 25 Manner of collection 26 Standard of accuracy 27 Use of personal information

28 Disclosure of personal information 28.1 Notification 29 Personal information of deceased individual 30 Individual's access to personal information 31 Right of correction 32 Privacy powers of commissioner

PART V Third Party Intervention

33 Notice to third party 34 Waiver of notice 35 Right to make representations 36 Decision

PART VI Review and Appeal

37 Interpretation of Part 38 Application for review 39 Review or refusal to review 40 Notice of intention to investigate or review 41 Notice of application for review 42 Conduct of review 43 Power to authorize a local authority to

disregard applications or requests 43.1 Power to authorize a local authority to disregard

applications or requests 44 Report of commissioner 45 Decision of head 46 Appeal to court 47 Powers of court on appeal

PART VII General

48 Certain provisions adopted 49 Exercise of rights by other persons 50 Delegation 51 Burden of proof 52 Annual report 53 Repealed 53.1 Access to manuals 53.2 Records available without an application 54 Proceedings prohibited 55 Immunity from prosecution 56 Offence 57 Regulations 58 Coming into force

LOCAL AUTHORITY FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

3 c. L-27.1

CHAPTER L-27.1

An Act respecting a right of access to documents of local authorities and a right of privacy with respect to personal information held by local authorities

PART I Short Title, Interpretation and Application

Short title

1 This Act may be cited as The Local Authority Freedom of Information and Protection of Privacy Act.

Interpretation

2(1) In this Act:

(a) "applicant" means a person who makes an application for access to a record pursuant to section 6;

(b) "commissioner" means the Information and Privacy Commissioner appointed pursuant to The Freedom of Information and Protection of Privacy Act;

(b.1) "employee" means an individual employed by a local authority and includes an individual retained under a contract to perform services for the local authority;

(c) "fiscal year" means the period commencing on April 1 in one year and ending on March 31 in the following year;

(d) "government institution" means a government institution as defined in The Freedom of Information and Protection of Privacy Act;

(e) "head" means:

(i) in the case of a municipality, the mayor, reeve or chairperson of the local advisory committee, as the case may be;

(i.1) in the case of a police service, the chief as defined in The Police Act, 1990; or

(ii) in the case of any other local authority:

(A) the chairperson of the governing body of the local authority; or

(B) the individual designated as the head by the governing body of the local authority;

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LOCAL AUTHORITY FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

(e.1) "information management service provider" means a person who or body that:

(i) processes, stores, archives or destroys records of a local authority containing personal information; or

(ii) provides information management or information technology services to a local authority with respect to records of the local authority containing personal information;

(f) "local authority" means:

(i) a municipality;

(ii) Repealed. 2002, c.C-11.1, s.389.

(iii) Repealed. 2002, c.C-11.1, s.389.

(iv) a committee of a council of a municipality;

(v) any board, commission or other body that:

(A) is appointed pursuant to The Cities Act, The Municipalities Act or The Northern Municipalities Act, 2010; and

(B) is prescribed;

(vi) the board of a public library within the meaning of The Public Libraries Act, 1984;

(vii) the Northern Library Office established pursuant to The Public Libraries Act, 1984;

(viii) any board of education or conseil scolaire within the meaning of The Education Act;

(viii.1) a police service or regional police service as defined in The Police Act, 1990;

(ix) a regional college within the meaning of The Regional Colleges Act, other than the Saskatchewan Indian Community College;

(x) the Saskatchewan Polytechnic;

(xi) the University of Saskatchewan, including Saint Thomas More College;

(xii) the University of Regina, including:

(A) Campion College; and

(B) Luther College with respect to its post-secondary level activities;

(xiii) the provincial health authority or an affiliate, as defined in The Provincial Health Authority Act;

(xiii.1) subject to subsection (2), Health Shared Services Saskatchewan within the meaning of The Health Shared Services Saskatchewan (3sHealth) Act;

LOCAL AUTHORITY FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

5 c. L-27.1

(xiv) Repealed. 2002, c.R-8.2, s.83.

(xv) Repealed. 2002, c.R-8.2, s.120.

(xvi) Repealed. 2002, c.R-8.2, s.83.

(xvii) any board, commission or other body that:

(A) receives more than 50% of its annual budget from the Government of Saskatchewan or a government institution; and

(B) is prescribed;

(g) "minister" means the member of the Executive Council to whom for the time being the administration of this Act is assigned;

(h) "personal information" means personal information within the meaning of section 23;

(i) "prescribed" means prescribed in the regulations;

(j) "record" means a record of information in any form and includes informa tion that is written, photographed, recorded or stored in any manner, but does not include computer programs or other mechanisms that produce records;

(k) "third party" means a person, including an unincorporated entity, other than an applicant or a local authority.

(2) This Act does not apply to plan trusts within the meaning of The Health Shared Services Saskatchewan (3sHealth) Act and the trustees of those plan trusts.

1990-91, c.L-27.1, s.2; 1993, c.55, s.180; 2002, c.R-8.2, s.83 and s.120; 2002, c.C-11.1, s.389; 2005, c.M36.1, s.435; 2010, c.N-5.2, s.449; 2014, c.S-32.21, s.34; 2015, c.21, s.64; 2017, cP-30.3, s.11-1; 2017, c17, s.3; 2022, c9, s.9-3.

Application

3(1) This Act does not apply to:

(a) published material or material that is available for purchase by the public;

(b) material that is a matter of public record; or

(c) material that is placed in the custody of a local authority by or on behalf of persons or organizations other than the local authority for archival purposes.

(2) This Act binds the Crown.

1990-91, c.L-27.1, s.3.

Existing rights preserved

4 This Act:

(a) complements and does not replace existing procedures for access to information or records in the possession or under the control of a local authority;

(b) does not in any way limit access to the type of information or records that is normally available to the public;

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LOCAL AUTHORITY FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

(c) does not limit the information otherwise available by law to a party to litigation;

(d) does not affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents;

(e) does not prevent access to a registry operated by a local authority where access to the registry is normally allowed to the public.

1990-91, c.L-27.1, s.4.

PART II Access to Records

Right of access

5 Subject to this Act and the regulations, every person has a right to and, on an application made in accordance with this Part, shall be permitted access to records that are in the possession or under the control of a local authority.

1990-91, c.L-27.1, s.5.

Duty of local authority to assist

5.1(1) Subject to this Act and the regulations, a local authority shall respond to a written request for access openly, accurately and completely.

(2) On the request of an applicant, the local authority shall:

(a) provide an explanation of any term, code or abbreviation used in the information; or

(b) if the local authority is unable to provide an explanation in accordance with clause (a), endeavour to refer the applicant to a person who is able to provide an explanation.

2017, c17, s.4.

Application

6(1) An applicant shall:

(a) make the application in the prescribed form to the local authority in which the record containing the information is kept; and

(b) specify the subject matter of the record requested with sufficient particularity as to time, place and event to enable an individual familiar with the subject-matter to identify the record.

(2) Subject to subsection (4) and subsection 11(3), an application is deemed to be made when the application is received by the local authority to which it is directed.

(3) Where the head is unable to identify the record requested, the head shall advise the applicant, and shall invite the applicant to supply additional details that might lead to identification of the record.

(4) Where additional details are invited to be supplied pursuant to subsection (3), the application is deemed to be made when the record is identified.

1990-91, c.L-27.1, s.6; 2015, c.21, s.64.

LOCAL AUTHORITY FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

7 c. L-27.1

Response required

7(1) Where an application is made pursuant to this Act for access to a record, the head of the local authority to which the application is made shall:

(a) consider the application and give written notice to the applicant of the head's decision with respect to the application in accordance with subsection (2); or

(b) transfer the application to another local authority or to a government institution in accordance with section 11.

(2) The head shall give written notice to the applicant within 30 days after the application is made:

(a) stating that access to the record or part of it will be given on payment of the prescribed fee and setting out the place where, or manner in which, access will be available;

(b) if the record requested is published, referring the applicant to the publication;

(c) if the record is to be published within 90 days, informing the applicant of that fact and of the approximate date of publication;

(d) stating that access is refused, setting out the reason for the refusal and identifying the specific provision of this Act on which the refusal is based;

(e) stating that access is refused for the reason that the record does not exist;

(f) stating that confirmation or denial of the existence of the record is refused pursuant to subsection (4); or

(g) stating that the request has been disregarded pursuant to section 43.1 and setting out the reason for which the request was disregarded.

(3) A notice given pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is given.

(4) If an application is made with respect to a record that is exempt from access pursuant to section 14, 20 or 21 or subsection 28(1), the head may refuse to confirm or deny that the record exists or ever did exist.

(5) A head who fails to give notice pursuant to subsection (2) is deemed to have given notice, on the last day of the period set out in that subsection, of a decision to refuse to give access to the record.

1990-91, c.L-27.1, s.7; 2017, c17, s.7.

Applications deemed abandoned

7.1(1) If the head has invited the applicant to supply additional details pursuant to subsection 6(3) or has given the applicant notice pursuant to clause 7(2)(a) and the applicant does not respond within 30 days after receiving the invitation or notice, the application is deemed to be abandoned.

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LOCAL AUTHORITY FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

(2) The head shall provide the applicant with a notice advising that the application is deemed to be abandoned.

(3) A notice provided pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is given.

2017, c17, s.6.

Severability

8 Where a record contains information to which an applicant is refused access, the head shall give access to as much of the record as can reasonably be severed without disclosing the information to which the applicant is refused access.

1990-91, c.L-27.1, s.8.

Fee

9(1) An applicant who is given notice pursuant to clause 7(2)(a) is entitled to obtain access to the record on payment of the prescribed fee.

(2) Where the amount of fees to be paid by an applicant for access to records is greater than a prescribed amount, the head shall give the applicant a reasonable estimate of the amount, and the applicant shall not be required to pay an amount greater than the estimated amount.

(3) Where an estimate is provided pursuant to subsection (2), the time within which the head is required to give written notice to the applicant pursuant to subsection 7(2) is suspended until the applicant notifies the head that the applicant wishes to proceed with the application.

(4) Where an estimate is provided pursuant to subsection (2), the head may require the applicant to pay a deposit of an amount that does not exceed one-half of the estimated amount before a search is commenced for the records for which access is sought.

(5) Where a prescribed circumstance exists, the head may waive payment of all or any part of the prescribed fee.

1990-91, c.L-27.1, s.9.

Manner of access

10(1) If an applicant is entitled to access pursuant to subsection 9(1), a head shall provide the applicant with access to the record in accordance with this section.

(2) Subject to subsection (3), if a record is in electronic form, a head shall give access to the record in electronic form if:

(a) it can be produced using the normal computer hardware and software and technical expertise of the local authority;

(b) producing it would not interfere unreasonably with the operations of the local authority; and

(c) it is reasonably practicable to do so.

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