Guide to FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 50 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).180 Prevention means the stopping of something, especially something bad, from happening; to hinder or impede.181 In the context of subsection 15(1)(a.1) of FOIP, it means the stopping of an act or omission that might constitute a terrorist activity. Omission means a failure to do something.182 Terrorist activity is defined at section 83.01 of the Criminal Code of Canada. It includes, for example, an act or omission that is committed in or outside Canada that is committed in whole or in part for a political, religious, or ideological purpose, objective or cause.183 When there is a review by the IPC, the government institution is invited to provide a submission (arguments). The government institution should describe the harm in detail to support the application of the provision. Government institutions should not assume that the harm is self-evident on the face of the records. A government institution cannot rely on subsection 15(1)(a.1) of FOIP for a record that: a) Provides a general outline of the structure or programs of a law enforcement agency; or b) Reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program (see subsection 15(2)). Subsection 15(1)(b) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (b) be injurious to the enforcement of: (i) an Act or a regulation; or 180 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 181 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1380. 182 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1260. 183 Criminal Code, R.S.C., 1985, c. C-46, Subsection 83.01(b)(i)(A).