Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 46 • A security investigation includes activities carried out by, for, or concerning a government institution and relates to the security of the organization and its clients, staff, resources or the public. It includes the work that is done to secure, ensure safety or protect from danger, theft or damage. In order to qualify, the investigation must lead or could lead to a penalty or sanction imposed under a statute, regulation, bylaw or resolution.157 • An administrative investigation refers to activities undertaken to enforce compliance or to remedy non-compliance with standards, duties and responsibilities imposed by statute or regulation.158 For example, investigations under The Securities Act, 1988 as the Act provides for such investigative powers. A regulation is understood to mean a regulation as defined by section 1-2 of The Legislation Act. The government institution must have authority to conduct the investigation and the investigation must lead or could lead to penalties or sanctions (i.e., fines, imprisonment, revocation of a license, an order to cease activities).159 The penalties or sanctions do not have to be imposed by the investigating body to qualify but can be referred to another body to impose the penalty or sanction (e.g., RCMP).160 Prevention means the stopping of something, especially something bad, from happening; to hinder or impede.161 In the context of subsection 15(1)(a) of FOIP, it means the stopping of an offence. A prosecution, in this context, refers to proceedings in respect of a criminal or quasi-criminal charge laid under an enactment of Saskatchewan or Canada and may include regulatory offences that carry true penal consequences such as imprisonment or a significant fine.162 Offence means a violation of the law; a crime.163 157 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 158 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 159 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 160 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 161 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1380. 162 ON IPC Order PO-3424-I at [27]. 163 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1250.
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