Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 52 The Commissioner does not determine guilt or innocence, convict persons for offences or assess penalties under FOIP. The Commissioner can make a recommendation to the Attorney General for Saskatchewan that a prosecution be considered. Possible penalties for an offence under section 68 of FOIP include: • A fine of not more than $50,000. • Imprisonment for not more than 1 year. • Both fine and imprisonment.94 A prosecution cannot be commenced pursuant to section 68 of FOIP after two years from the date of the discovery of the alleged offence.95 Discovery is the act or process of finding or learning something that was previously unknown.96 Summary offences begin with an appearance in the Provincial Court of Saskatchewan. The Court of King’s Bench for Saskatchewan hears appeals of summary conviction matters that have been dealt with at Provincial Court. Matters that have been decided at the Court of King’s Bench may be appealed to the Court of Appeal for Saskatchewan.97 To date, there have been no prosecutions in Saskatchewan for offences pursuant to section 68 of FOIP. There are two categories of possible offences: 1. Privacy and access related offences. 2. Offences arising from not cooperating with the Commissioner or another person performing the duties of the Commissioner. 94 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01, s. 68(1), (3), (9). 95 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01, s. 68(10). 96 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 584. 97 Courts of Saskatchewan available at https://sasklawcourts.ca/index.php/home/court-of-queen-sbench/criminal.
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