Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 25 IPC Findings In Review Report 339-2017, the Commissioner considered the City of Regina’s application of subsection 7(4) of LA FOIP. In its response to the Commissioner’s preliminary analysis, the City of Regina asserted that if the Commissioner identified the exemptions the City of Regina was relying on to invoke subsection 7(4) of LA FOIP, the Commissioner would be in breach of section 42 of LA FOIP. The City of Regina also asserted the Commissioner should consider not issuing a review report. However, the Commissioner disagreed with the City of Regina’s assertions, saying the suggestions were tantamount to total secrecy. The Commissioner found that subsection 46(3) of FOIP (via s. 48 of LA FOIP) provided the Commissioner discretion to disclose what was considered necessary to establish grounds for the Commissioner’s findings and recommendations. Further, the Commissioner found that during a review, the Commissioner will identify what exemptions a local authority is relying on when it invokes subsection 7(4) of LA FOIP. Section 43: Powers of Commissioner Powers of commissioner 43(1) Notwithstanding any other Act or any privilege available at law, the commissioner may, in a review: (a) require to be produced and examine any record that is in the possession or under the control of a local authority; and (b) enter and inspect any premises occupied by a local authority. (2) For the purposes of conducting a review, the commissioner may summon and enforce the appearance of persons before the commissioner and compel them: (a) to give oral or written evidence on oath or affirmation; and (b) to produce any documents or things; that the commissioner considers necessary for a full review, in the same manner and to the same extent as the court. (3) For the purposes of subsection (2), the commissioner may administer an oath or affirmation. Section 43 of LA FOIP also lays out other powers the Commissioner has including in the course of a review:
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