Rules of Procedure

37 Office of the Saskatchewan Information and Privacy Commissioner. The Rules of Procedure. Effective 1 Dec. 2018. Updated 16 Aug. 2023. Part 8: Information and Evidence This Part sets out some basic requirements for communicating with the commissioner’s office and the providing of information and evidence. 8-1 Commissioner’s Office will Communicate With the Parties or Interested Persons The commissioner’s office may communicate with the parties by mail, email, telephone, secure file transfer or encrypted transmissions. Unless impractical, parties shall communicate personal information or personal health information by means of encrypted transmissions or other means where the information is protected. 8-2 Providing Information in the Form of an Affidavit or Declaration (1) Pursuant to section 54 of FOIP, section 43 of LA FOIP or section 46 of HIPA, the commissioner where the circumstances warrant, can require the applicant, complainant, public body, trustee, third party or any other person to provide the information or documents in the form of an affidavit or declaration. (2) An affidavit or declaration should particularly be used where the issue involves adequate search, custody or control, solicitor client or litigation privilege, claiming subsection 23(3) applies or other evidence to support the public bodies or trustee’s position. 8-3 Refusal to Provide Information or Documents Pursuant to section 54 of FOIP, section 43 of LA FOIP, or section 46 of HIPA, where a person or organization refuses to provide information or documents, under oath or otherwise, the commissioner may issue a Notice to Produce Documents (see Form C) or summon a person to attend at the commissioner’s office and give evidence under oath or affirmation and produce documents related to the review or investigation (see Form D). 8-4 Commissioner’s Office will Make Inquiries In any review or investigation, the commissioner’s office may ask for relevant information from any person or organization that the commissioner considers necessary for a full review or investigation. 8-5 Party Requesting Oral Representations (1) Pursuant to section 53 of FOIP, section 42 of LA FOIP, or section 45 of HIPA, a party may choose to provide the commissioner with written representations, affidavits or other documents.

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