Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 46 Act, 1988 as the Act provides for such investigative powers. A regulation is understood to mean a regulation as defined by section 1-2 of The Legislation Act. The local authority must have authority to conduct the investigation and the investigation must lead or could lead to penalties or sanctions (i.e., fines, imprisonment, revocation of a license, an order to cease activities).166 The penalties or sanctions do not have to be imposed by the investigating body to qualify but can be referred to another body to impose the penalty or sanction (e.g., RCMP).167 Prevention means the stopping of something, especially something bad, from happening; to hinder or impede.168 In the context of subsection 14(1)(a) of LA FOIP, it means the stopping of an offence. A prosecution, in this context, refers to proceedings in respect of a criminal or quasi-criminal charge laid under an enactment of Saskatchewan or Canada and may include regulatory offences that carry true penal consequences such as imprisonment or a significant fine.169 Offence means a violation of the law; a crime.170 Security means a state of safety or physical integrity.171 Security includes securing, ensuring safety or protecting from danger, theft or damage.172 Security means sufficient security.173 Lawful detention means any person held in custody pursuant to a valid warrant or other authorized order. It extends to individuals remanded in custody (charged but not yet tried or convicted). It does not include individuals released under bail supervision.174 Centre of lawful detention is a centre where persons are detained when suspected of a crime, awaiting trial, or sentencing, found to be an illegal immigrant or youthful offender, or for political reasons. It can also include a centre where persons are in custody under federal 166 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 145. 167 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 168 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1380. 169 ON IPC Order PO-3424-I at [27]. 170 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1250. 171 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 155. 172 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 173 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 174 Government of Newfoundland and Labrador, resource Access to Information: Policy and Procedures Manual, October 2017 at p. 130.
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