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. 104 (a) establish one or more committees to the executive council, each consisting of a minister, who shall preside over the committee, and any other persons that the Lieutenant Governor in Council may appoint; and (b) determine the duties and functions of each committee established pursuant to clause (a). (2) Each committee established pursuant to clause (1)(a) may make its own rules and procedures.383 The Commissioner has formally found the following are committees of Executive Council. However, this list is not exhaustive. These are only the ones considered by the Commissioner: • Treasury Board;384 and • The Legislation and Regulation Review Committee.385 Subsection 16(2) of FOIP requires disclosure of cabinet documents where: • The record has been in existence for more than 25 years; or • Consent to release is given by the President of the Executive Council or, in absence of the President, the next senior member of Executive Council. However, if the record contains personal information, the rules around disclosure under section 30 of FOIP still apply. IPC Findings In Review Report 079-2013, the Commissioner considered subsection 16(1)(a) of FOIP. An applicant had made an access to information request to Executive Council for analysis and review of the sale of all or part of the Information Services Corporation prepared for or by the corporation in 2011, 2012 and 2013. Executive Council applied subsection 16(1)(a) of FOIP to a Decision Item. Upon review, the Commissioner found that the Decision Item contained proposals, recommendations, and analyses. Further, it was addressed to the chair of the Legislation and Regulation Review Committee. This committee was a committee of the Executive Council. As such, the Commissioner found that subsection 16(1)(a) of FOIP applied to the Decision Item. 383 The Executive Government Administration Act, SS 2014, c E-13.1 at section 6. 384 SK OIPC Review Reports 041-2015 at [8], 050-2015 at [12] and 051-2015 at [12]. 385 SK OIPC Review Report 079-2013 at [21].