Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 51 imprisonment for not more than one year or to both, whether or not the government institution has been prosecuted or convicted. (8) No employee of an information management service provider shall wilfully access or use or direct another person to access or use personal information for a purpose that is not authorized by subsection 24.2(1). (9) Every employee of an information management service provider who contravenes subsection (8) is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000, to imprisonment for not more than one year or to both, whether or not the information management service provider has been prosecuted or convicted. (10) No prosecution shall be commenced pursuant to this section after the expiration of two years from the date of the discovery of the alleged offence Section 68 of FOIP lists a number of contraventions, which may give rise to criminal liability. Offences under section 68 of FOIP are summary offences. The Summary Offences Procedures Act, 1990 gives jurisdiction to the Provincial Court of Saskatchewan to decide whether a person has committed an offence under section 68 of FOIP and to assess an appropriate penalty.91 Subsections 4(1) and (2) of The Summary Offences Procedures Act, 1990 provides that: 4(1) Subject to this Act, any other Act or any regulation, proceedings to enforce an Act, regulation or bylaw by fine, penalty or imprisonment may be brought summarily before a justice under the summary conviction provisions of the Criminal Code. (2) In an Act or regulation, the words “on summary conviction” mean under and by virtue of the summary conviction provisions mentioned in subsection (1). A prosecution may only be commenced under FOIP with the consent of the Attorney General of Saskatchewan.92 Attorney General, in this context, is the chief law officer of Saskatchewan responsible for advising the government on legal matters and representing it in litigation.93 91 Adapted from Alberta IPC Order P2006-005 at [100]. 92 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01, s. 68(2). 93 Modified from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 154.
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