Guide to FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 103 2. Was the record created to present to Cabinet or any of its committees? Records that contain advice, proposals, recommendations, analyses or policy options developed from sources outside of the Executive Council for presentation to the Executive Council are intended to be covered by the provision. A draft memorandum that was created for the purpose of presenting proposals and recommendations to Cabinet but that was never actually presented to Cabinet remains a confidence. Equally, a memorandum in final form is a confidence even if it has not been presented to Cabinet.377 Executive Council means the Executive Council appointed pursuant to The Executive Government Administration Act.378 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.379 Cabinet has also been defined as the committee of senior ministers (heading individual provincial government ministries) which acts collectively with the Premier to decide matters of government policy.380 A committee of the Executive Council, also known as a Cabinet committee, includes one or more Cabinet ministers.381 The committee exercises some or all of the powers of Cabinet as a whole, or develops and provides recommendations to Cabinet. Also included in the definition is an entity or individual to which the Executive Council or any of its committees has delegated decision-making authority on their behalf.382 Section 6 of The Executive Government Administration Act provides that: 6(1) The Lieutenant Governor in Council may: (Ministry of Transportation) v. Ontario (Information and Privacy Commissioner), [2005] O.J. No. 4047 (C.A.), leave to appeal refused [2005] S.C.C.A. No. 563. 377 Treasury Board of Canada Secretariat, Confidences of the Queen’s Privy Council for Canada (Cabinet confidences), Accessed June 26, 2019. This approach was adopted in SK OIPC Review Report 023-2014 at [16]. 378 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 379 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16. 380 British Columbia Government Services, FOIPPA Policy Definitions at Accessed April 23, 2020. 381 The Executive Government Administration Act, S.S. 2014, Chapter E-13.1 at subsection 6(1)(a). 382 British Columbia Government Services, FOIPPA Policy and Procedures Manual at Accessed June 26, 2019.