Background
Procedures
1.
Subject to the limitations in the Local Authority Freedom of
Information and Protection of Privacy Act, upon application to the
Director, upon payment of the prescribed fee, and subject to the
limitations of section 5 below, every person shall be permitted access
to records that are in the possession or under the control of the
Division.
2.
Each applicant shall make application on the prescribed form
specifying the subject matter of the record requested, along with
sufficient particularity as to the time, place, and event.
3.
The Director shall consider each application and give written notice
to the applicant within 30 days regarding the disposition of the
request.
4. The Director shall:
4.1.
Provide written notice to the applicant 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;
4.2. If the record requested is published, or is about to be published, refer the applicant to the publication;
4.3. If
access is refused, set out the reason for the refusal and identify the
specific provisions of legislation on which the refusal is based;
4.4. Where
an application is made with respect to a record that is exempt from
access, refuse to confirm or deny that the record exists or ever did
exist;
4.5. Where
a record contains information to which an applicant is refused access,
give access to as much of the record as can be severed without
disclosing the information to which the applicant is refused access;
4.6. Provide
a copy of the record requested or, where it is not reasonable to
produce, give the applicant an opportunity to examine the record;
4.7. State that, subject to section 38 of Local Authority Freedom of Information and Protection of Privacy Act, the applicant may request a review by the commissioner within one year after the notice is given.
5.
An applicant who has given notice pursuant to section 1 is entitled to
obtain access to the record on payment of the prescribed fee. The
Director shall have the right to waive payment of all or any part of the
prescribed fee. The Director or designate will provide a cost estimate
to an applicant if the fee is likely to exceed $50 over and above the
application fee.
6.
Where the Director considers that another local authority or a
government institution has a greater interest in the record, the
Director:
6.1. May,
within 15 days after the application is made, transfer the application
and, if necessary, the record to the other local authority or government
institution;
6.2. If the record is transferred, give written notice of the transfer and the date of the transfer to the applicant.
7. The Director shall refuse access to information contained in:
7.1. Confidential documents from other governments, agencies, crown corporations or institutions;
7.2. Documents pertaining to law enforcement and investigations;
7.3. Draft
bylaws or resolutions or agendas or substance of deliberations of
meetings authorized to be held in the absence of the public;
7.4. Advice from officials which has not yet been implemented;
7.5. Documents that compromise the economic interests of the Division;
7.6. Third party information which could compromise the third party;
7.7. Testing or auditing procedures or techniques;
7.8. Details of specific tests to be given or audits to be conducted;
7.9. Documents that threaten the safety or the physical or mental health of an individual;
7.10. Documents related to solicitor/client privilege;
7.11. Documents considered to be confidential under other Acts.
8.
The Director shall not disclose personal information without the
written consent of the individual to whom the information relates.
The following does not constitute personal information:
8.1. Salaries and benefits of employees;
8.2. Personal views given in the course of employment, other than views with respect to another individual;
8.3. Financial or other details of a contract for personal services;
8.4. Details of license, permit, membership, etc. granted to an individual;
8.5. Details of a discretionary benefit of a financial nature; and/or
8.6. Expense of an individual traveling.
9. Personal information may be disclosed without the individual's consent:
9.1. For the purpose for which the information was compiled;
9.2. To comply with court process;
9.3. To
the Attorney General of Saskatchewan or to his or her legal counsel for
use in providing legal services to the government or to the Board;
9.4. To legal counsel for use in providing legal services to the Board;
9.5. To
collect a debt owing by the individual to the Division or to make a
payment owing by the Division to that individual;
9.6. Pursuant
to requests from law enforcement agencies and under agreements with
governments or other local authorities to enforce the law or carry out a
lawful investigation;
9.7. To comply with the law;
9.8. For statistical purposes where the identity of the individual will not be disclosed;
9.9. In compassionate circumstances within the meaning of Local Authority Freedom of Information and Protection of Privacy Act, or where in the opinion of the Director it is in the public interest; and/or
9.10. To the Governments of Canada and/or Saskatchewan to facilitate the auditing of shared cost programs.
10.
Personal information of a deceased individual shall not be disclosed
until 25 years after the death of the individual, except where in the
opinion of the Director disclosure to next-of-kin would not constitute
an unreasonable invasion of privacy.
11. Subject to Part III and subsection (2) and (3) of Local Authority Freedom of Information and Protection of Privacy Act,
an individual, whose personal information is contained in a record in
the possession or under the control of the Division, has a right to
access the record upon application and upon giving sufficient proof of
identity.
12.
The Director may refuse to disclose to an individual personal
information that is evaluative or opinion material compiled solely for
the purpose of determining the individual's suitability, eligibility, or
qualifications for employment or promotion.
13. An
individual who has access to a record that contains personal
information with respect to himself or herself is entitled to:
13.1. Request
correction of the personal information contained in the record if the
person believes that there is an error or omission;
13.2. Require that a notation be made that a correction was requested but not made.
14. Within
30 days after a request pursuant to section 13 is received, the
Director shall advise the individual in writing that:
14.1. The correction has been made;
14.2. A notation pursuant to section 13 has been made.
15. Where
the Director intends to give access to a record that contains
information supplied in confidence, information which could financially
prejudice a third party, or is personal information which in the opinion
of the Director is in the public interest, the Director shall:
15.1. Give
the third party written notice, where reasonable to do so, allowing
them 20 days in which to make representations where they object to
access being given;
15.2. Within
30 days after the notice is given decide whether to allow access in
written notice to the third party and applicant.
16. The
Director may delegate the decision making power regarding access to
information, in writing, upon any conditions the Director deems
necessary. The Director may appoint an Access Officer, Administrative
Coordinator and an Office Representative in accordance with Local Authority Freedom of Information and Protection of Privacy Act. The Coordinator will be consulted on all issues.
17. The fee schedule shall be that as contained in the Local Authority Freedom of Information and Protection of Privacy Act as determined from time to time by the Government of Saskatchewan.
Reference: Local Authority Freedom of Information and Protection of Privacy Act
Date April 16, 2013
