Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 142 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. To qualify, the investigation must lead or could lead to a penalty or sanction imposed under a statute, regulation, bylaw, or resolution.420 • 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.421 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. To qualify as an “investigation”, the government institution must have authority to conduct the investigation (i.e., an Act or regulation provides for investigative powers) and the investigation must lead to or could lead to penalties or sanctions (i.e., fines, imprisonment, revocation of a license, an order to cease activities).422 The penalties or sanctions do not have 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).423 Penalty or sanction means a punishment or penalty used to enforce obedience to law.424 Prevention means the stopping of something, especially something bad, from happening; to hinder or impede.425 In the context of this provision, it means the stopping of an act or omission that might constitute an offence. Prosecution in this context, refers to proceedings in respect of a criminal or quasi-criminal charge laid under an enactment of Saskatchewan or Canada and may include regulatory offences that carry true penal consequences such as imprisonment or a significant fine.426 420 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 421 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 422 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 145. 423 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 146. 424 Dukelow, Daphne A., The Dictionary of Canadian Law, 4th Edition (Toronto: Thomson Reuters Canada Ltd. 2011) at p. 1158. 425 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1380. 426 ON IPC Order PO-3424-I at [27]. This definition is also used for subsection 15(1)(a) of FOIP, see SK OIPC Guide to FOIP, Chapter 4, “Exemptions from the Right of Access”.
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