Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 49 investigation may include an investigation by a special constable appointed under The Police Act, 1990. • A security investigation includes activities carried out by, for, or concerning a local authority and relates to the security of the organization and its clients, staff, resources, or the public. It includes the work that is done to secure, ensure safety or protect from danger, theft, or damage. In order to qualify, the investigation must lead or could lead to a penalty or sanction imposed under a statute, regulation, bylaw or resolution.184 • An administrative investigation refers to activities undertaken to enforce compliance or to remedy non-compliance with standards, duties and responsibilities imposed by statute or regulation.185 For example, investigations under The Securities 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).186 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).187 Prevention means the stopping of something, especially something bad, from happening; to hinder or impede.188 In the context of subsection 14(1)(a.1) of LA FOIP, it means the stopping of an act or omission that might constitute a terrorist activity. Omission means a failure to do something.189 Terrorist activity is defined at section 83.01 of the Criminal Code of Canada. It includes, for example, an act or omission that is committed in or outside Canada that is committed in whole or in part for a political, religious, or ideological purpose, objective, or cause.190 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority should describe the harm in detail to support the application 184 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 185 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 186 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 145. 187 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 146. 188 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1380. 189 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1260. 190 Criminal Code, R.S.C., 1985, c. C-46, Subsection 83.01(b)(i)(A).
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