By: Taylor Moroz and Troy Baril
Transparency and accountability are essential for maintaining public trust in municipal government. The Local Authority Freedom of Information and Protection of Privacy Act, or LA FOIP (the “Act”), in Saskatchewan gives people the legal right to access records held by municipalities while also protecting personal privacy. For municipal councils and administrators, it is important to understand what LA FOIP means and how to properly handle access to information requests.
Understanding FOIP
LA FOIP governs access to records held by local public bodies in Saskatchewan including municipalities. This means that members of the public can request access to a variety of municipal records such as council minutes, contracts, financial statements, emails, and other documents related to municipal business.
Of course, this right to information is not unlimited. LA FOIP sets out specific exceptions where access may be refused including when the records contain personal information, confidential details, or sensitive law enforcement information. These exceptions exist to protect individuals’ privacy and other important interests.
Municipal Responsibilities When Responding to Access Requests
Municipalities have several important duties when it comes to processing access to information requests under LA FOIP.
Once an access request is received it should be acknowledged quickly and the head of the public body, often the mayor, reeve, or chief administrative officer, should be informed. The municipality then begins processing the request in line with the Act.
A key part of this process is the duty to assist applicants. Municipalities must help requesters clarify or narrow down their requests so that the information provided is relevant and the process remains efficient.
There is also a clear timeline for responses. Municipalities are required to provide a written response within 30 calendar days of receiving the request. This deadline may be extended by up to 30 more days in cases where a thorough search is necessary or third parties need to be consulted.
If certain records or parts of records must be withheld, municipalities must explain the legal reasons why access was denied. This transparency helps maintain public confidence.
Good recordkeeping is also essential. Proper documentation of requests and decisions demonstrates compliance and helps facilitate timely responses.
Learning from Other Jurisdictions
Recent investigations in other jurisdictions have shown that some government bodies have run into trouble by placing undue limits on access requests. For example, asking applicants to restrict their requests to a single topic, limiting the timeframe of records searched, or refusing requests without valid legal grounds violates the spirit of freedom of information laws.
Saskatchewan municipalities can avoid these mistakes by regularly reviewing their policies and ensuring their practices align with LA FOIP requirements. Doing so will help protect municipalities from legal challenges and strengthen their reputation for openness.
In Closing
For Saskatchewan municipalities, respecting LA FOIP is more than following the law. It is a way to build trust and demonstrate accountability to the public. Being proactive and knowledgeable about access to information requests is crucial.
Procido LLP is committed to supporting municipalities in this important area. If your municipality needs help with LA FOIP compliance or any other municipal law matter, reach out to Procido LLP’s Municipal Law Group. We are here to help you navigate these responsibilities with confidence.
How Procido LLP Can Help
Procido LLP has extensive experience advising Saskatchewan municipalities on their obligations under The Local Authority Freedom of Information and Protection of Privacy Act. Our municipal law team provides practical, strategic guidance to help councils and administrators respond to access to information requests efficiently, lawfully, and with confidence.
Whether you need assistance interpreting LA FOIP obligations, developing or updating internal policies, training staff and elected officials, or managing complex or sensitive access requests, we work closely with municipalities to reduce risk and support transparent decision-making. We also help municipalities stay informed about legislative developments and best practices in access to information and privacy protection.
For consultations or fee estimates on municipal matters, please contact Taylor Moroz (taylor.moroz@procido.com) or Troy Baril (troy.baril@procido.com). For general inquiries, call 1 (306) 664 1444 or email admin@procido.com.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, Procido LLP does not warrant or guarantee the completeness, accuracy, or applicability of the information to any particular municipality or situation. Municipalities should obtain legal advice specific to their circumstances before taking action. For tailored legal advice, please contact Procido LLP directly.