Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 60 investigation is underway. Although section 15 of FOIP could protect records from being disclosed that fall into the category of law enforcement and investigations, this provision enables the government institution to address risks that could occur just by revealing records exist. It is not meant to protect a government institution from possible embarrassment or negative public scrutiny.102 Subsection 49(1)(a) of FOIP provides applicants the right to request a review of a government institution’s use of subsection 7(4) of FOIP. In order for a government institution to be able to show it properly invoked subsections 7(2)(f) and 7(4) of FOIP, the government institution must be able to: 1. Demonstrate that records (if they existed) would qualify for the particular exemption provided for at subsection 7(4) of FOIP. 2. Explain how disclosing the existence of records (if they existed) could reasonably compromise what it is protecting.103 IPC Findings In Review Report F-2005-002, the Commissioner considered the application of subsection 7(4) of FOIP for the first time. The applicant had requested access to any estimates of the government’s financial liability concerning a specific family. The Ministry of Justice and Attorney General (Justice) applied subsection 7(4) and refused to confirm or deny the existence of records. Upon review, the Commissioner considered whether there was a reasonable basis for the decision of Justice. The Commissioner saw no particular prejudice to Justice in that case if it acknowledged responsive records. The Commissioner found no reasonable basis for the exercise of statutory discretion for Justice to invoke subsection 7(4) of FOIP. In Review Report 035-2015, the Commissioner considered whether the Rural Municipality of Shellbrook #493 (RM) could rely on the equivalent subsection 7(4) in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The applicant had requested records involving the installation of a culvert and communications between specific individuals and a Councillor. The Commissioner found that there was no reasonable basis for 102 SK OIPC Review Report 339-3017 at [18]. 103 SK OIPC Review Report 339-2017 at [19].
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