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. 107 senior ministers (heading individual provincial government ministries) which acts collectively with the Premier to decide matters of government policy.392 A committee of the Executive Council, also known as a Cabinet committee, includes one or more Cabinet ministers.393 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.394 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;395 and • The Legislation and Regulation Review Committee.396 This includes drafts of these documents and any informal notes, which officials may make during the meetings. By disclosing drafts and notes, the associated substance could be disclosed.397 2. Is the record a record of deliberations or decisions of Cabinet or any of its committees? A record of in this context means a documented account of past events, usually designed to memorialize those events.398 Deliberation means: • The action of deliberating (to deliberate: to weigh in mind; to consider carefully with a view to a decision; to think over); careful consideration with a view to a decision. 392 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 393 The Executive Government Administration Act, S.S. 2014, Chapter E-13.1 at subsection 6(1)(a). 394 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/cabinet-local-public-body-confidences. Accessed June 26, 2019. 395 SK OIPC Review Reports 041-2015 at [8], 050-2015 at [12] and 051-2015 at [12]. 396 SK OIPC Review Report 079-2013 at [21]. 397 Treasury Board of Canada Secretariat, Confidences of the Queen’s Privy Council for Canada (Cabinet confidences), https://www.canada.ca/en/treasury-board-secretariat/services/access-informationprivacy/privacy/confidences-queen-privy-council-canada-cabinet-confidences.html. Accessed June 27, 2019. 398 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1527.

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