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. 55 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)). IPC Findings In Review Report 223-2016, the Commissioner considered subsection 15(1)(c) of FOIP. An applicant had requested access to results from on-site tests and inspections of Husky Pipelines dating back to 2011. The Ministry of Economy withheld the records in full citing in part, subsection 15(1)(c) of FOIP. The records were 26 pages of completed audit forms. The Commissioner found that the first part of the test was met as the investigation was conducted pursuant to The Oil and Gas Conservation Act. The Commissioner found that the second part of the test was not met because the pipeline audit forms were created two years prior to the commencement of the investigation. The Commissioner stated that records caught by this exemption should relate to the process of the investigation itself. Records that existed before the investigation commenced, such as regular reporting information, would not qualify. However, government institutions should consider the unique circumstances in each case. There may be circumstances where the exemption would apply to such records. In Review Report 030-2020, 050-2020, the Commissioner reviewed whether the Ministry of Government Relations (Government Relations) appropriately applied subsection 15(1)(c) of FOIP to records withheld from an applicant. Part of the Commissioner’s review considered whether Government Relations’ activity qualified as a “lawful investigation” for purposes of the first part of the test for subsection 15(1)(c) of FOIP. Government Relations asserted that the records withheld pursuant to subsection 15(1)(c) of FOIP were created as a result of the ministerial-appointed inspector recommending an inspection be expanded into an inquiry and that a supervisor also be appointed pursuant to section 422 of The Northern Municipalities Act during said inquiry. Furthermore, Government Relations asserted that an inspection pursuant to section 417 of The Northern Municipalities Act is an investigation into the management, administration or operation of any municipality. The scope of the investigation is set out in the Minister’s Order. An inquiry is conducted if it is determined during the inspection that a more in-depth investigation is required, which is what occurred in the Northern Village of Pinehouse. Government Relations further asserted that while these provisions use the word inspection and inquiry, both an inspection and inquiry are an investigation that is authorized and permitted by law, specifically sections 417 and 418 of The Northern Municipalities Act. The Commissioner found that based upon the powers provided to an inspector or person of inquiry in The Public Inquiries Act, 2013, an inspection or inquiry