Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 51 The main question is under which power was the enforcement conducted. If the local authority cannot advance any Acts or regulations in force in any part of Canada under which the enforcement was conducted, the exemption cannot be claimed.191 Enforcement is the act or process of compelling compliance with a law, mandate, command, decree or agreement.192 An Act or a regulation means an Act of the Legislature together with any regulations issued thereunder and includes an Ordinance of the Northwest Territories in force in Saskatchewan.193 An Act of Parliament of Canada or a regulation encompasses all Acts enacted by the Parliament of Canada together with any regulations issued thereunder.194 A resolution means a formal expression of opinion or will of an official body or public assembly, adopted by a vote of those present. The term is usually employed to denote the adoption of a motion such as an expression of opinion, a change to rules or a vote of support or censure.195 A bylaw means a rule adopted by a local public body with bylaw-making powers, such as a municipal council.196 2. Could release of the record injure enforcement of the Act, regulation, resolution, or bylaw? Section 14 of LA FOIP uses the word could versus “could reasonably be expected to” as seen in other provisions of LA FOIP. The threshold for could is somewhat lower than a reasonable expectation. The requirement for could is simply that the release of the information could 191 Office of the Information Commissioner of Canada, Investigator’s Guide to Interpreting the ATIA, https://www.oic-ci.gc.ca/en/investigators-guide-interpreting-act/section-16-law-enforcementinvestigations-security, accessed on June 14, 2019. Definition relied on in SK OIPC Review Report F2014-001 at [127]. 192 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 645. 193 See subsection 2-29 of The Legislation Act, S.S. 2019, Chapter L-10.2. 194 Office of the Information Commissioner of Canada, Investigator’s Guide to Interpreting the ATIA, https://www.oic-ci.gc.ca/en/investigators-guide-interpreting-act/section-16-law-enforcementinvestigations-security, accessed on June 14, 2019. Definition relied on in SK OIPC Review Report F2014-001 at [127]. 195 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 172. See also SK OIPC Review Report 019-2014 at [82]. 196 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 172. See also SK OIPC Review Report 019-2014 at [83].
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