local authority freedom of information and protection of privacy act

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  • 1LOCAL AUTHORITY FREEDOM OF INFORMATION

    AND PROTECTION OF PRIVACY 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; and 2017, c.P-30.3 and c.17.

    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.

    http://www.qp.gov.sk.ca/documents/english/Chapters/1993/55_93.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/1996/9_96.pdfhttp://www.qp.gov.sk.ca/documents/english/chapters/1999/H0-021.pdfhttp://www.qp.gov.sk.ca/documents/english/chapters/2001/chap-50.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2002/c11-1.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2002/r8-2.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2003/Chap-29.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2005/M36-1.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2006/Chap-19.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2009/Chap-32.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2010/N5-2.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2014/E13-1.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2014/S32-21.pdfhttp://www.qp.gov.sk.ca/documents/english/Chapters/2015/Chap-21.pdfhttp://www.publications.gov.sk.ca/freelaw/documents/english/Chapters/2017/P30-3.pdfhttp://www.publications.gov.sk.ca/freelaw/documents/english/Chapters/2017/Chap-17.pdf

  • 2LOCAL AUTHORITY FREEDOM OF INFORMATION

    AND PROTECTION OF PRIVACYL-27.1

    Table of Contents

    PART IShort Title, Interpretation and Application

    1 Short title

    2 Interpretation

    3 Application

    4 Existing rights preserved

    PART IIAccess 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 IIIExemptions

    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 IVProtection 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 Individuals access to personal information

    31 Right of correction

    32 Privacy powers of commissioner

    PART VThird Party Intervention

    33 Notice to third party

    34 Waiver of notice

    35 Right to make representations

    36 Decision

    PART VIReview 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 Powers of commissioner

    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 VIIGeneral

    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

  • 3LOCAL AUTHORITY FREEDOM OF INFORMATION

    AND PROTECTION OF PRIVACY 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 IShort 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 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;

  • 4LOCAL AUTHORITY FREEDOM OF INFORMATION

    AND PROTECTION OF PRIVACYL-27.1

    (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;

  • 5LOCAL AUTHORITY FREEDOM OF INFORMATION

    AND PROTECTION OF PRIVACY L-27.1

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

    (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.

    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.M-36.1, s.435; 2010, c.N-5.2, s.449; 2014, c.S-32.21, s.34; 2015, c.21, s.64; 2017, c P-30.3, s.11-1; 2017, c 17, s.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 l

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