Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 20 • A privacy matter comes to the attention of the Commissioner and the Commissioner initiates an investigation. For more on privacy, see the Guide to FOIP, Chapter 6, “Protection of Privacy”. For more on the Commissioner’s procedures during an investigation, see The Rules of Procedure. Section 38: Appointment Appointment of commissioner 38(1) The office of the Information and Privacy Commissioner is continued. (2) The commissioner is an Officer of the Legislative Assembly. (3) The commissioner shall be appointed by order of the Legislative Assembly. (4) Subject to sections 39 and 40, unless he or she resigns, dies or is removed from office, the commissioner holds office for a term of five years. (5) The commissioner may be reappointed for one additional term of five years. (6) The commissioner may resign the office at any time by giving written notice to the Speaker. The Commissioner is an Officer of the Legislature and is independent of government. Section 38 of FOIP provides in part that the Commissioner: • Is appointed by order of the Legislative Assembly. • Is appointed for a term of five years. • Can be extended an additional term of five years. Sections 38, 39 and 40 of FOIP also provide that the Commissioner may resign or may be removed or suspended for cause, incapacity to act, neglect of duty or misconduct. The Commissioner’s office is made up of employees appointed by the Commissioner in order to exercise the powers and perform the duties of the commissioner effectively. Employees of the Commissioner’s office are employees of the Legislative Assembly.
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