Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 38 parties to legal proceedings. In my view, the Act is intended to co-exist along with other laws such as the common law that previously governed the information available by law to a party to legal proceedings. IPC Findings In Review Report 145-2015, the Commissioner considered SaskPower’s application of subsection 15(1)(d) of FOIP to deny access to an investigation report. SaskPower argued that “disclosure of the Investigation Report is likely to occur once proceedings have been commenced…” The Commissioner determined that discovery and disclosure provisions of the Rules of the Court of Queen’s Bench of Saskatchewan operate independent of any process under FOIP. Further, that subsection 4(c) of FOIP established that FOIP did not limit access to information otherwise available by law to parties to litigation. Subsection 4(d) Existing rights preserved 4 This Act: … (d) does not affect the power of any court or tribunal to compel a witness to testify or to compel the production of documents; FOIP does not override the power of any court or tribunal to compel a witness to testify or to compel the production of documents. Tribunal is a body or person that exercises a judicial or quasi-judicial function outside the regular court system.67 67 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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