Proposal for Review and Amendment of LAFOIP

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Proposal for Review and Amendment of LAFOIP

Res #: 19-19A
Number: 19
Year: 2019
Midterm: No
Expired: No
Responses Received: Yes
Departments: Saskatchewan Ministry of Justice

WHEREAS The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIP) does not adequately address excessive and/or multiple requests from an individual;

WHEREAS the local authority's internal processing regulations and/or boundaries may be unclear, allowing for privacy breaches to be made in the initial receipt of handling LAFOIP requests;

BE IT RESOLVED that SARM lobby the provincial government to review and amend The Local Authority Freedom of Information and Protection of Privacy Act to include the processing of excessive and/or multiple requests from an individual within the burden of proof section;

BE IT FURTHER RESOLVED that SARM lobby the provincial government to review and amend The Local Authority Freedom of Information and Protection of Privacy Act to ensure that the local authority's internal roles and/or procedures are more clearly stipulated in the regulations for the receipt of Access to Information Request Forms (Form A).

Response From The Ministry of Justice:

April 29, 2019

As you are aware, The Local Authority Freedom of Information and Protection of Privacy Act was recently amended by a Bill that was passed in spring 2017. Respecting the portion of resolution 19-19A which relates to excessive and/or multiple requests, the 2017 amendments included the addition of section 43.1. Section 43.1 was added to the Act to recognize that access requests engage public resources that those resources should not be wasted. The new provision permits the head of a local authority to apply to the commissioner to disregard one or more applications or requests where the application or request:

  • would unreasonably interfere with the operations of the local authority because of the repetitious or systematic nature of the application or request;
  • would amount to an abuse of the right to access or right of correction because of the repetitious or systematic nature of the application or request; or
  • is frivolous or vexatious, not in good faith or concerns a trivial matter.

Don Morgan, Q.C. - Minister of Justice and Attorney General