Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 113 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.413 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. 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; 413 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.
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