Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 80 A government institution cannot rely on subsection 15(1)(k) 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)). IPC Findings In Review Report F-2014-001, the Commissioner, considered subsection 15(1)(k) of FOIP. An applicant had made an access request to the Financial and Consumer Affairs Authority of Saskatchewan (FCAAS) for all information associated to the applicant. The FCAAS provided access to some records and withheld others citing a number of exemptions including subsection 15(1)(k) of FOIP. Upon review, the Commissioner found that the FCAAS was conducting investigations pursuant to three pieces of legislation therefore, it was an appropriate law enforcement agency for purposes of subsection 15(1)(k) of FOIP and sanctions could result from the enforcement actions (proceedings) being taken by the FCAAS. As such, a law enforcement matter was found to exist. Further, the Commissioner found that release of the records could disclose information respecting that law enforcement matter. In Review Report 330-2023, 334-2023 the Commissioner noted that the terms “lawful investigation” are not interchangeable with “law enforcement matter”. “Law enforcement” includes investigations conducted for the purpose of enforcing an enactment which leads to or could lead to a penalty or sanction being imposed under the enactment that authorizes the investigation. In that case, the Commissioner found that because investigations by the Office of the Saskatchewan Coroners Service (SCS) do not lead to penalty or sanctions under The Coroners Act, 1999, such that it could be considered a “law enforcement matter” on its own. Had the Coroner’s investigation been handed onto another party, such as a police service, then it would form part of the police service’s investigation and may qualify for exemption pursuant to subsection 15(1)(k). See paragraphs [70] to [72].
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