Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 170 in the warrant to arrest a person, seize something (such as records), search something (such as a computer or premises) or execute or carry out some judicial sentence.465 An order is an authoritative command, direction, or instruction to produce something – again in this context, personal information.466 It is a direction of a court, judge, tribunal or official that commands a party to do or not to do something; a judgement, decree, direction or decision that is authorized or required to be made under a statute or regulation.467 The subpoena, warrant or order must be made by a court, person or body that had authority to compel production of personal information. This authority is generally found under legislation of Saskatchewan or Canada. Official, bodies or tribunals who are not judges or courts only have authority to issue orders compelling attendance at a hearing or compelling production of documents or other information if that power is given to them by a statute or regulation. Examples of officials, bodies or tribunals who have been given such authority include, but is not limited to: • The Saskatchewan Labour Relations Board (via s. 2-83(3)(b) and (c) of The Saskatchewan Employment Act). • The Saskatchewan Workers’ Compensation Board (via s. 122(2)(b), 128(2) of The Workers’ Compensation Act). • The Executive Director of the Financial and Consumer Affairs Authority (via s. 14.1 of The Securities Act, 1988). • A Commission of Inquiry established under The Public Inquiries Act, 2013 (via s. 11 of that Act). Compel means to cause or bring about by force, threats, or overwhelming pressure.468 Although subsection 28(2)(b)(i) of LA FOIP enables, but does not require disclosure (i.e., by use of the word “may” and not “shall” disclose), local authorities normally comply with subpoenas, warrants and orders because they have the force of law. However, a local 465 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-184. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 466 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7, p. 274. 467 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-185. Available at Chapter (gov.mb.ca). Accessed December 14, 2022. 468 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 353.
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