Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 26 a government institution to remember that a request to disregard must present a sound basis for consideration and should be prepared with this in mind.34 The Commissioner sets a high standard when considering applications to disregard. For more on disregarding applications or requests, see the Guide to FOIP, Chapter 3, “Access to Records” at Section 45.1: Power to Authorize a Government Institution to Disregard Applications or Requests. IPC Findings In Disregard Decision 343-2019, 352-2019 the Commissioner considered sections 45.1 and 45.2 for the first time. The Saskatchewan Worker’s Compensation Board (WCB) applied to the Commissioner for authorization to disregard two access to information requests that an applicant had made to the WCB. The Commissioner found that the applicant’s two requests were repetitious and an abuse of the right of access. As such, the Commissioner authorized the WCB to disregard the access to information requests. Section 47: Non-compellability Non-compellability 47(1) The commissioner is not compellable to give evidence in a court or in a proceeding of a judicial nature concerning any information that comes to the knowledge of the commissioner in the exercise of the powers, performance of the duties or carrying out of the functions of the commissioner pursuant to this Act. (2) Subsection (1) applies, with any necessary modification, to the staff of the commissioner and any contractors employed by the commissioner. (3) The commissioner, staff of the commissioner or any contractors employed by the commissioner may be a witness in or produce any documents relevant to the prosecution of an offence against this Act. In any court or judicial proceeding, the Commissioner and the staff of the Commissioner cannot be compelled to give evidence about anything that comes to their knowledge in fulfilling their duties. As noted earlier, the Commissioner and the Commissioner’s staff are bound by confidentiality provisions at section 46 of FOIP. 34 Office of the New Brunswick Information and Privacy Commissioner (NB IPC), Interpretation Bulletin, Section 15 – Permission to disregard access request.
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