Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 223 • Proceedings that could result in a penalty or sanction being imposed or that are otherwise conducted for the purpose of enforcing an Act or regulation (or enactment).634 Again, section 14 of The Freedom of Information and Protection of Privacy Regulations defines the bodies that are considered law enforcement agencies and investigative bodies for purposes of subsection 29(2)(g) of FOIP. Some of those bodies would also qualify as “law enforcement agencies in Canada” for purposes of subsection 29(2)(j)(i) of FOIP. However, the list is not complete and does not include law enforcement agencies in foreign countries. The above definition for “law enforcement agency” can be relied upon in addition for subsections 29(2)(j)(i) and (ii) of FOIP. There may also be Acts or regulations (enactments) in the foreign country that indicate whether the agency being disclosed to qualifies as a “law enforcement agency”. Examples of law enforcement agencies in a foreign country include the Metropolitan Police in England, the Federal Bureau of Investigation and the Unites States Citizenship and Immigration Services and Interpol.635 Government institutions should be able to support how the agency being disclosed to qualifies. 3. Is the disclosure being made pursuant to an arrangement, written agreement, treaty, or legislative authority? Disclosure under this provision must be made in accordance with an arrangement, written agreement, treaty, or legislative authority. Arrangement is a settlement of mutual relations or claims between parties. An arrangement may or may not be in writing.636 Arrangements should, whenever possible, be in writing. A verbal arrangement should be the exception. When an arrangement is unwritten, disclosures should be approved at a senior level within the government institution.637 634 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at pp. 6-200 to 6-201. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 635 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 284. 636 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-202. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 637 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 271.
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