Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 194 The subpoena, warrant or order must be made by a court, person or body that had authority to compel production of personal information. This authority is generally found under legislation of Saskatchewan or Canada. Official, bodies or tribunals who are not judges or courts only have authority to issue orders compelling attendance at a hearing or compelling production of documents or other information if that power is given to them by a statute or regulation. Examples of officials, bodies or tribunals who have been given such authority include, but is not limited to: • The Saskatchewan Labour Relations Board (via s. 2-83(3)(b) and (c) of The Saskatchewan Employment Act). • The Saskatchewan Workers’ Compensation Board (via s. 122(2)(b), 128(2) of The Workers’ Compensation Act). • The Executive Director of the Financial and Consumer Affairs Authority (via s. 14.1 of The Securities Act, 1988). • A Commission of Inquiry established under The Public Inquiries Act, 2013 (via s. 11 of that Act). Compel means to cause or bring about by force, threats, or overwhelming pressure.561 Although subsection 29(2)(b)(i) of FOIP enables, but does not require disclosure (i.e., by use of the word “may” and not “shall” disclose), government institutions normally comply with subpoenas, warrants, and orders because they have the force of law. However, a government institution should not automatically assume that subpoena, warrant, or order is valid in Saskatchewan.562 A government institution should consult with legal counsel immediately upon receipt of a subpoena, warrant or order to determine: • Whether the document is properly authorized and drafted. • Whether the document has been properly served. • Whether the information required to be produced is legally compellable or whether there are some legal grounds for opposing the subpoena, warrant or order. • What information must be provided to comply with the subpoena, warrant or order.563 561 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 353. 562 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 274. 563 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at pp. 6-185 to 6-186. Available at Chapter (gov.mb.ca). Accessed December 14, 2022.
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