Office of the Saskatchewan Information and Privacy Commissioner. A Guide to Submissions. Effective Sept. 2020. Updated Dec. 2022. 6 portion of the record that has been withheld. However, in certain circumstances, the burden may shift to the applicant (e.g., proving financial hardship when the applicant requests a fee waiver). The Commissioner will decide what evidence to rely on and how much weight to give that evidence. To be successful, the party will be required to prove certain facts and issues “on a balance of probabilities” or “on a preponderance of evidence.” A party will have proven its case on a “balance of probabilities” if the Commissioner is able to say: “I think it more likely, or more probable, than not.” This means that the Commissioner has considered and weighed the evidence presented by both parties and the Commissioner is convinced by the persuasiveness and/or accuracy of one party’s evidence over the others. Statutory Interpretation In Saskatchewan, the Commissioner is obliged to apply section 2-10 of The Legislation Act that provides: Acts and regulations remedial 2-10(1) The words of an Act and regulations authorized pursuant to an Act are to be read in their entire context, and in their grammatical and ordinary sense, harmoniously with the scheme of the Act, the object of the Act and the intention of the Legislature. (2) Every Act and regulation is to be construed as being remedial and is to be given the fair, large and liberal interpretation that best ensures the attainment of its objects. The Rules of Procedure The Commissioner has developed The Rules of Procedure to assist public bodies/trustees with understanding what the Commissioner’s expectations are. In terms of representations (submissions), see section 2-8. The similar rule under HIPA can be found at section 3-7. Preparing the Index of Records The Commissioner’s office in its notice of review will request the public body/trustee to prepare an Index of Records. It is best practice to prepare the Index of Records as soon as possible. A sample of the Index of Records is contained in The Rules of Procedure, Form A. The Rules of Procedure deal with this at 2-7 and 3-6.
RkJQdWJsaXNoZXIy MTgwMjYzOA==