Freedom of Information and Protection of Privacy Act, F-22.01

• Jurisdiction: Saskatchewan
• Citation: F-22.01
• Year: 2005
• Type of Document: Acts

08:04-04/12/91

1990-91

CHAPTER F-22.01

An Act respecting a right of access to documents of the Government of Saskatchewan

and a right of privacy with respect to personal information held by the Government of

Saskatchewan

(Assented to June 18, 1991)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of

Saskatchewan, enacts as follows:

PART I

Short Title, Interpretation and Application

Short title 1 This Act may be cited as The Freedom of Information and Protection of Privacy Act.

Interpretation 2(1) In this Act:

Aapplicant@ (a) Aapplicant@ means a person who makes an application for access to a record

pursuant to section 6;

Acommissioner@ (b) Acommissioner@ means the Information and Privacy Commissioner appointed

pursuant to Part VI;

Afiscal year@ (c) Afiscal year@ means the period commencing on April 1 in one year and ending

on March 31 in the following year;

Agovernment institution@ (d) Agovernment institution@ means, subject to subsection (2):

(i) the office of Executive Council or any department, secretariat or other

similar agency of the executive government of Saskatchewan; or

(ii) any prescribed board, commission, Crown corporation or other body, or

any prescribed portion of a board, commission, Crown corporation or other

body, whose members or directors are appointed, in whole or in part:

(A) by the Lieutenant Governor in Council;

(B) by a member of the Executive Council; or

(C) in the case of:

(I) a board, commission or other body, by a Crown

corporation; or

(II) a Crown corporation, by another Crown corporation;

Ahead@ (e) Ahead@ means:

(i) in the case of an agency mentioned in subclause (d)(i), the member of

the Executive Council responsible for the administration of the agency; and

(ii) in the case of a board, commission, Crown corporation or body

mentioned in subclause (d)(ii), the prescribed person;

Aminister@ (f) Aminister@ means the member of the Executive Council to whom for the time

being the administration of this Act is assigned;

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

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08:04-04/12/91

information@ (g) Apersonal information@ means personal information within the meaning of section 24;

e

d@ (h) Aprescribed@ means prescribed in the regulations;

(i) Arecord@ means a record of information in any form and includes information

that is written, photographed, recorded or stored in any manner, but does not

include computer programs or other mechanisms that produce records;

t

y@ (j) Athird party@ means a person, including an unincorporated entity, other than an

applicant or a government institution.

(2) AGovernment institution@ does not include:

(a) a corporation the share capital of which is owned in whole or in part by a

person other than the Government of Saskatchewan or an agency of it;

(b) the Legislative Assembly Office or offices of members of the Assembly or

members of the Executive Council; or

(c) the Court of Appeal, Her Majesty's Court of Queen's Bench for Saskatchewan,

the Unified Family Court for Saskatchewan, the Surrogate Court for Saskatchewan

or the Provincial Court of Saskatchewan.

o

n 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 The Saskatchewan Archives Board by

or on behalf of persons or organizations other than government institutions.

(2) This Act binds the Crown.

r

ights preserved 4 This Act:

(a) complements and does not replace existing procedures for access to

government information or records;

(b) does not in any way limit access to the type of government information or

records that is normally available to the public;

(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 prohibit the transfer, storage or destruction of any record in

accordance with any other Act or any regulation;

(f) does not prevent access to a registry operated by a government institution

where access to the registry is normally allowed to the public.