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  • 1

    c. L-27.1 LOCAL AUTHORITY FREEDOM OF INFORMATION

    AND PROTECTION OF PRIVACY

    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; and 2018, c.42.

    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.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/1996/9_96.pdf http://www.qp.gov.sk.ca/documents/english/chapters/1999/H0-021.pdf http://www.qp.gov.sk.ca/documents/english/chapters/2001/chap-50.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2002/c11-1.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2002/r8-2.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2003/Chap-29.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2005/M36-1.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2006/Chap-19.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2009/Chap-32.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2010/N5-2.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2014/E13-1.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2014/S32-21.pdf http://www.qp.gov.sk.ca/documents/english/Chapters/2015/Chap-21.pdf http://www.publications.gov.sk.ca/freelaw/documents/english/Chapters/2017/P30-3.pdf http://www.publications.gov.sk.ca/freelaw/documents/english/Chapters/2017/Chap-17.pdf http://www.publications.gov.sk.ca/freelaw/documents/english/Chapters/2018/Chap-42.pdf

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    c. L-27.1 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

  • 3

    c. L-27.1 LOCAL AUTHORITY FREEDOM OF INFORMATION

    AND PROTECTION OF PRIVACY

    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 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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    c. L-27.1 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;

    (xiv) Repealed. 2002, c.R-8.2, s.83.

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    c. L-27.1 LOCAL AUTHORITY FREEDOM OF INFORMATION

    AND PROTECTION OF PRIVACY

    (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

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