Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 38 • Swift Current • Weyburn • Yorkton Section 47: Powers of Court on Appeal Powers of court on appeal 47(1) On an appeal, the court: (a) shall determine the matter de novo; and (b) may examine any record in camera in order to determine on the merits whether the information in the record may be withheld pursuant to this Act. (2) Notwithstanding any other Act or any privilege that is available at law, the court may, on an appeal, examine any record in the possession or under the control of a government institution, and no information shall be withheld from the court on any grounds. (3) The court shall take every reasonable precaution, including, where appropriate, receiving representations ex parte and conducting hearings in camera, to avoid disclosure by the court or any person of: (a) any information or other material if the nature of the information or material could justify a refusal by a head to give access to a record or part of a record; or (b) any information as to whether a record exists if the head, in refusing to give access, does not indicate whether the record exists. (4) The court may disclose to the Attorney General for Saskatchewan or the Attorney General of Canada information that relates to the commission of an offence against: (a) an Act or a regulation; or (b) an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada; by an officer or employee of a government institution if, in the opinion of the court, there is evidence of the commission of the offence. (5) Where a head has refused to give access to a record or part of it, the court, if it determines that the head is not authorized to refuse to give access to the record or part of it, shall: (a) order the head to give the applicant access to the record or part of it, subject to any conditions that the court considers appropriate; or (b) make any other order that the court considers appropriate.
RkJQdWJsaXNoZXIy MTgwMjYzOA==