Access to Information Requests
The Freedom of Information and Protection of Privacy Act relates to government institutions such as ministries, Crown corporations, agencies, boards and commissions.
The Local Authority Freedom of Information and Protection of Privacy Act relates to local authorities such as school boards, post-secondary institutions, rural municipalities and regional health authorities.
Each piece of legislation has two main purposes:
- Access to records – it allows any person the right to apply for access to records in the possession or under the control of a government institution or local authority in Saskatchewan, subject to certain exemptions.
- Protection of privacy – it establishes privacy rules for how government institutions and local authorities may collect, use and disclose personal information.
1. Making an Access to Information Request
Contact the government institution or local authority you believe would have the records you are looking for. In some circumstances, you may be able to obtain the information you are seeking without going through the formal access to information process; discuss this option with the government institution or local authority prior to submitting a formal access to information request.
If you must go through the formal access to information process, you can complete an Access to Information Request Form for a government institution or an Access to Information Request Form for a local authority and submit it to the appropriate government institution or local authority. Forms are also available at many provincial government offices in Saskatchewan.
There is no application fee when submitting an access to information request to a government institution. When submitting an Access to Information Request to a local authority, there is a $20 application fee payable at the time the request is made. Additional fees may apply when you are given access to a record or part of a record. These may include:
- Charges for copies of records, including $0.25 per page for a photocopy;
- For government institutions, where time in excess of two hours is spent searching for a record or preparing it for disclosure, a fee of $15 for each half hour (or portion of a half hour) will be assessed for that additional time;
- For local authorities, where time in excess of one hour is spent searching for a record or preparing it for disclosure, the same $15 for each half hour (or portion of a half hour) will be assessed for the additional time; and
- If a search and retrieval of electronic data is required, a fee equal to the actual cost, including machinery and operator costs, will be assessed.
For a complete list of fees, please refer to section 6 of The Freedom of Information and Protection of Privacy Regulations or section 5 of The Local Authority Freedom of Information and Protection of Privacy Regulations.
If the fee will be over $100, an estimate must be provided by the government institution or local authority. No fees are payable where access to a record is refused.
2. Further Information
Once the government institution or local authority has received your Access to Information Request Form, it has 30 days to provide you a response. In limited circumstances the response period can be extended by an additional 30 days. You will be informed if this happens. This flowchart may help you to better understand the process once you've submitted your request.
If you are not satisfied with the response received, you may contact the Office of the Information and Privacy Commissioner to review the decision. Examples of when this might occur are if there is:
- A refusal to grant access to all or part of a record;
- A refusal to make a correction to personal information; or
- An extension of the 30-day deadline.
If the Commissioner reviews the matter and you are still not satisfied, the decision can be appealed to the Court of King's Bench.
The Information and Privacy Commissioner also has the authority to investigate concerns with the privacy practices of a government institution or local authority.
Within the Ministry of Justice, the Access and Privacy Branch helps Saskatchewan government institutions and local authorities comply with The Freedom of Information and Protection of Privacy Act and The Local Authority Freedom of Information and Protection of Privacy Act.
The information on this website does not constitute legal advice. Please consult with your own legal counsel for legal advice related to either The Freedom of Information and Protection of Privacy Act or The Local Authority Freedom of Information and Protection of Privacy Act.