Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 148 being withheld, destroyed, inaccurate information being provided, or the individual may not have the information necessary.444 Commencing means the time at which judicial or administrative proceedings begin, typically with the filing of a formal complaint.445 Conducting means to organize and carry out the proceeding.446 Possible means capable of existing, happening or being achieved; that which is not certain or probable. This is different than “probable” which means likely to happen or to be the case.447 Possible also does not mean “speculative”. To speculate is based on conjecture rather than knowledge.448 Proceeding means activities governed by rules of court or rules of judicial or quasi-judicial tribunals that can result in a judgment of a court or ruling of a judicial or quasi-judicial tribunal.449 It can also mean a proceeding authorized by another Act, a civil proceeding, or a grievance under a collective agreement.450 Tribunal is a body or person that exercises a judicial or quasi-judicial function outside the regular court system.451 Examples of tribunals in Saskatchewan include the Automobile Injury Appeal Commission, Highway Traffic Board, and the Saskatchewan Labour Relations Board. 444 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-68. Available at Chapter (gov.mb.ca). Accessed December 12, 2022. 445 “Commencement of an action” - Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 335. 446 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 298. 447 SK OIPC Review Report 082-2019, 083-2019 at [72] to [73]. Originated from Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press). 448 SK OIPC Review Report 237-2021 at [19]. 449 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 450 SK OIPC Investigation Report 345-2019 at [23]. Originates from The Saskatchewan Human Rights Code, 2018, Chapter S-24.2, s. 30(1). Note: this provision does not use “legal proceeding” which appears at subsections 15(1)(d) and 17(3) of FOIP. 451 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.

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