Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 105 In Review Report 016-2016, the Commissioner considered subsection 16(1)(a) of FOIP. An applicant had made an access to information request to the Ministry of Health (Health) for briefing notes, analysis and reports related to the adoption of, or transition to user-pay CT scans or MRIs in Saskatchewan since January 1, 2013. Health responded to the request by providing partial access to records. It withheld portions pursuant to subsection 16(1)(a) and several other provisions. Upon review, the Commissioner found that information in the briefing note under the heading “Confidential/Sensitive Information” did not qualify for subsection 16(1)(a) because the briefing note stated that the Minister of Health had requested that information be compiled on a certain topic for Cabinet. As this was a directive, it did not qualify as advice, proposals, recommendations, analyses or policy options. In Review Report 311-2016, the Commissioner considered subsection 16(1)(a) of FOIP. An applicant had made an access to information request to the Ministry of Justice (Justice) for a copy of a recently completed review report on the Office of the Chief Coroner. Justice withheld the report in full citing subsection 16(1)(a) of FOIP. Upon review, the Commissioner found that absent any evidence from Justice, the mere assertion that the report had been loaded to DocShare was not sufficient to demonstrate that the report was intended for Executive Council. As such, the Commissioner found that Justice had not demonstrated that subsection 16(1)(a) of FOIP applied. Subsection 16(1)(b) Cabinet documents 16(1) A head shall refuse to give access to a record that discloses a confidence of the Executive Council, including: … (b) agendas or minutes of the Executive Council or any of its committees, or records that record deliberations or decisions of the Executive Council or any of its committees; … (2) Subject to section 30, a head shall not refuse to give access pursuant to subsection (1) to a record where: (a) the record has been in existence for more than 25 years; or (b) consent to access is given by: (i) the President of the Executive Council for which, or with respect to which, the record has been prepared; or
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