Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 112 IPC Findings In Review Report 041-2015, the Commissioner considered subsection 16(1)(b) of FOIP. An applicant had made an access to information request to the Ministry of Finance (Finance) for any analysis, briefing notes or correspondence related to the impact on provincial finances of changing the liquor retailing system conducted since January 1, 2012. Finance responded to the applicant indicating that the records were being withheld in full pursuant in part to subsection 16(1)(b) of FOIP. Finance applied subsection 16(1)(b) of FOIP to two documents which were both Treasury Board Minutes. The Commissioner found that Treasury Board was a committee of Executive Council. The Commissioner found that the minutes qualified for exemption under subsection 16(1)(b) of FOIP. Subsection 16(1)(c) Cabinet documents 16(1) A head shall refuse to give access to a record that discloses a confidence of the Executive Council, including: … (c) records of consultations among members of the Executive Council on matters that relate to the making of government decisions or the formulation of government policy, or records that reflect those consultations; … (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 (ii) in the absence or inability to act of the President, by the next senior member of the Executive Council who is present and able to act. Subsection 16(1)(c) of FOIP is a mandatory class-based exemption. It permits refusal of access in situations where release of a record could disclose a confidence of Cabinet including records of consultations among members of Cabinet on matters that relate to the making of government decisions or the formulation of government policy, or records that reflect those consultations.
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