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. 111 The following are a few of the types of records that could reveal the substance of deliberations of Executive Council (Cabinet) or a Cabinet committee: • An agenda, minute or other record that documents matters addressed by Cabinet (e.g. a list of issues tabled at Cabinet that reflects the priorities of Cabinet). • A letter from Cabinet or a Cabinet committee that relates to the discussion or consideration of an issue or problem, or that reflects a decision made but not made public (e.g., a letter from Treasury Board to a ministry executive stating a decision that affects the ministry's budget, but which has not been announced). • A briefing note placed before Cabinet or one of its committees. • A memo from a deputy minister to an assistant deputy minister in a ministry that informs them when Cabinet will consider an issue. • A briefing note from a deputy minister to a minister concerning a matter that is or will be considered by Cabinet. • A draft or final Cabinet submission. • Draft legislation or regulations.411 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.412 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. 411 British Columbia Government Services, FOIPPA Policy and Procedures Manual at Accessed June 26, 2019. Similar list in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 168. 412 Treasury Board of Canada Secretariat, Confidences of the Queen’s Privy Council for Canada (Cabinet confidences), Accessed June 27, 2019.