Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 49 Adversely affect in this context means to have a harmful or unfavorable impact173 on the detection, investigation or prevention of an act or omission that might constitute a terrorist activity. Detection is the act of discovering or revealing something that is hidden or barely perceptible, especially to solve a crime.174 Investigation can include police, security or administrative investigations or a combination of these. Investigation has been defined, in general terms, as a systematic process of examination, inquiry and observation.175 • A police investigation is one carried out by the police, or other persons who carry out a policing function that involves investigations.176 For example, a police investigation may include an investigation by a special constable appointed under The Police Act, 1990. • 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.177 • 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.178 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).179 The penalties or sanctions do not have 173 Pearsall, Judy, Concise Oxford English Dictionary, 10th Ed. at p. 19, (Oxford University Press). 174 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 543. 175 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 176 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 177 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 178 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 179 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145.
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