Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 51 (ii) an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada; … (2) Subsection (1) does not apply to 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. Subsection 15(1)(b) of FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could be injurious to the enforcement of an Act or regulation provincially or federally. The following two-part test can be applied: 1. Which Act or regulation is being enforced? The main question is under which power was the enforcement conducted. If the government institution cannot advance any Acts or regulations in force in any part of Canada under which the enforcement was conducted, the exemption cannot be claimed.184 An Act or a regulation means an Act of the Legislature together with any regulations issued thereunder and includes an Ordinance of the Northwest Territories in force in Saskatchewan.185 An Act of Parliament of Canada or a regulation encompasses all Acts enacted by the Parliament of Canada together with any regulations issued thereunder.186 Enforcement is the act or process of compelling compliance with a law, mandate, command, decree or agreement.187 184 Office of the Information Commissioner of Canada, Investigator’s Guide to Interpreting the ATIA, https://www.oic-ci.gc.ca/en/investigators-guide-interpreting-act/section-16-law-enforcementinvestigations-security, accessed on June 14, 2019. Definition relied on in SK OIPC Review Report F2014-001 at [127]. 185 See subsection 2-29 of The Legislation Act, S.S. 2019, Chapter L-10.2. 186 Office of the Information Commissioner of Canada, Investigator’s Guide to Interpreting the ATIA, https://www.oic-ci.gc.ca/en/investigators-guide-interpreting-act/section-16-law-enforcementinvestigations-security, accessed on June 14, 2019. Definition relied on in SK OIPC Review Report F2014-001 at [127]. 187 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 645.
RkJQdWJsaXNoZXIy MTgwMjYzOA==