Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 30 IPC Findings In Review Report F-2013-003, the Commissioner found that the Ministry of Agriculture failed to provide notice to the third party and as such, the burden of proof was not met for third party exemptions. The Commissioner noted that by not providing notice to the third party, the rights of both the third party and the applicant were prejudiced. The third party was not afforded the opportunity to make submissions to the Commissioner. Further, if the third party did not actually oppose release of the information, the applicant was prejudiced by the Ministry’s failure to notify as this would not be communicated. Section 54: Powers of Commissioner Powers of commissioner 54(1) Notwithstanding any other Act or any privilege that is available at law, the commissioner may, in a review: (a) require to be produced and examine any record that is in the possession or under the control of a government institution; and (b) enter and inspect any premises occupied by a government institution. (2) For the purposes of conducting a review, the commissioner may summon and enforce the appearance of persons before the commissioner and compel them: (a) to give oral or written evidence on oath or affirmation; and (b) to produce any documents or things; that the commissioner considers necessary for a full review, in the same manner and to the same extent as the court. (3) For the purposes of subsection (2), the commissioner may administer an oath or affirmation. Section 54 of FOIP also lays out other powers the Commissioner has including in the course of a review: • The power to compel a government institution to produce records in its possession or control and examine them [s. 54(1)(a) of FOIP]. • The power to enter and inspect any premises occupied by a government institution [s. 54(1)(b) of FOIP].
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