Guide to FOIP-Chapter 2

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 31 • The power to summon and enforce the appearance of persons before the Commissioner and compel them to: o Give oral or written evidence on oath or affirmation. o To produce any documents or things [s. 54(2) of FOIP]. IPC Findings In Review Report F-2013-001, when records were not forthcoming, the Commissioner warned the Saskatchewan Workers’ Compensation Board (WCB) that if the records were not provided quickly that the Commissioner would resort to a subpoena duce tecum to obtain the records in question. Further, that the Commissioner was prepared to require the attendance of key officials in WCB who had some responsibility for the type of records in question to be examined under oath. Fortunately, the Commissioner did not have to take these steps as the WCB cooperated with the Commissioner’s requests. Section 55: Report of Commissioner Report of commissioner 55(1) On completing a review or investigation, the commissioner may prepare a written report setting out the commissioner’s recommendations with respect to the matter and the reasons for those recommendations. (2) If a report is prepared pursuant to subsection (1), the commissioner shall forward a copy of the report to the head and, if the matter was referred to the commissioner by: (a) an applicant or individual, to the applicant or individual and to any third party notified by the head pursuant to section 52; and (b) a third party, to the third party and to the applicant. (3) In the report mentioned in subsection (1), the commissioner may make any recommendations with respect to the matter under review or investigation that the commissioner considers appropriate. Upon completion of a review or an investigation, the Commissioner may issue a report. The report will include the Commissioner’s findings and recommendations. If the Commissioner completes a report, it is provided to each party to the review or investigation prior to the report becoming publicly available via posting to the Commissioner’s website.

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