Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 185 agreement is more precise than an “arrangement”. Agreements include contracts, memoranda of understanding, collective agreements, etc.501 Arrangement is a settlement of mutual relations or claims between parties, an arrangement may or may not be in writing.502 Arrangements should, whenever possible, be in writing. A verbal arrangement should be the exception. When an arrangement is unwritten, disclosures should be approved at a senior level within the local authority.503 Administering is the process of managing something; to provide or arrange something officially as part of one’s job.504 Enforcing in this context means the act or process of compelling compliance with a law.505 Law in this context means a statute.506 A lawful investigation is an investigation that is authorized or required and permitted by law.507 The local authority must be able to identify the legislation under which the investigation is occurring. The investigation must be active and ongoing or be occurring in the future because of the phrase “carrying out a lawful investigation”. If the lawful investigation were concluded, it could not be carried out. 501 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 7 at p. 271. 502 Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 6, Protection of Privacy at p. 6-202. Available at Chapter (gov.mb.ca). Accessed December 15, 2022. 503 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 271. 504 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 53. 505 Adapted from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 645. 506 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 1056. 507 First defined in SK OIPC Review Report 93/021 at p. 6. Adopted in SK OIPC Review Report F-2004006 at [26] and F-2014-001 at [160].
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