Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 18 4. The Commissioner undertakes public education with respect to information rights including both access to information and protection of privacy.22 The Commissioner prepares a report on the completion of a review or investigation that includes findings and recommendations for the local authority. The local authority has a responsibility to respond to the Commissioner’s report under section 45 of LA FOIP indicating whether it will comply with the recommendations. If not satisfied with the section 45 response from the local authority, an applicant can pursue an appeal to the Court of King’s Bench for Saskatchewan. The Court of King’s Bench will determine the matter de novo. A hearing de novo means a review of a matter anew, as if the original hearing had not taken place.23 The Commissioner is neutral and does not represent a local authority or an applicant in a review or investigation. In January 2018, the Commissioner wrote a blog about the Commissioner’s office and when the roles of collaborator and neutral objective decision-maker come into play. For more see, So, Do We Collaborate? Section 38: Appointment Appointment of commissioner 38(1) The office of the Information and Privacy Commissioner is continued. (2) The commissioner is an Officer of the Legislative Assembly. (3) The commissioner shall be appointed by order of the Legislative Assembly. (4) Subject to sections 39 and 40, unless he or she resigns, dies or is removed from office, the commissioner holds office for a term of five years. (5) The commissioner may be reappointed for one additional term of five years. 22 SK OIPC Annual Report 2010-2011 at p. 7. 23 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 837.
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