Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 110 … [61] In approaching assertions of Cabinet confidentiality, administrative decision makers and reviewing courts must be attentive not only to the vital importance of public access to government-held information but also to Cabinet secrecy’s core purpose of enabling effective government, and its underlying rationales of efficiency, candour, and solidarity. They must also be attentive to the dynamic and fluid nature of executive decision making, the function of Cabinet itself and its individual members, the role of the Premier, and Cabinet’s prerogative to determine when and how to announce its decisions. Executive Council means the Executive Council appointed pursuant to The Executive Government Administration Act.404 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.405 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.406 A committee of the Executive Council, also known as a Cabinet committee, includes one or more Cabinet ministers.407 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.408 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;409 and • The Legislation and Regulation Review Committee.410 404 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 405 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16. 406 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. 407 The Executive Government Administration Act, S.S. 2014, Chapter E-13.1 at subsection 6(1)(a). 408 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. 409 SK OIPC Review Reports 041-2015 at [8], 050-2015 at [12] and 051-2015 at [12]. 410 SK OIPC Review Report 079-2013 at [21].
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