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. 33 Section 62: Annual Report Annual report 62(1) Within three months after the end of each fiscal year, the commissioner shall prepare and submit an annual report to the Speaker of the Assembly, and the Speaker shall cause the report to be laid before the Assembly in accordance with section 13 of The Executive Government Administration Act. (2) The annual report of the commissioner is to provide details of the activities of the office in relation to the commissioner’s responsibilities pursuant to this Act during that fiscal year and, in particular, concerning any instances where the commissioner’s recommendations made after a review have not been complied with. As an independent Officer of the Legislature, the Commissioner reports annually to the Legislative Assembly, describing the work of the Commissioner’s office and any instances where the Commissioner’s recommendations to government institutions were not complied with. This annual report is required pursuant to section 62 of FOIP. All of the Commissioner’s annual reports dating back to 2003 are posted on the Commissioner’s website. Procedural Fairness Procedural fairness is concerned with the procedures used by a decision-maker, rather than the actual outcome reached. It requires a fair and proper procedure be used when making a decision. It is highly likely that a decision-maker who follows a fair procedure will reach a fair and correct decision.36 Procedural fairness involves decision-makers: • Informing parties of the case against them. • Giving parties the opportunity to be heard. • Remaining neutral. • Acting only on the basis of logically probative evidence.37 36 Ombudsman Western Australia, Guidelines, Procedural Fairness (natural justice), May 2009. 37 SK OIPC, Presentation, Procedural Fairness: Factors that contribute to making an administratively fair decision.

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