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. 113 Cabinet confidences are generally defined as, in the broadest sense, the political secrets of Ministers individually and collectively, the disclosure of which would make it very difficult for the government to speak in unison before Parliament and the public.413 Including means that the list of information that follows is not complete (non-exhaustive). The examples in the provision are the types of information that could be presumed to disclose a confidence of the Executive Council (Cabinet).414 The following two-part test can be applied. However, only one of the questions needs to be answered in the affirmative for the exemption to apply. There may be circumstances where both questions apply and can be answered in the affirmative: 1. Is it a record of consultations among members of Cabinet on matters that relate to the making of government decisions or the formulation of government policy? This part of the provision is more specific and is intended to capture records containing consultations. The second part of the provision is broader and is intended to capture records that may reflect the consultations but less directly. A consultation in this context occurs when one or more members of Executive Council discuss matters related to making government decisions or formulating government policy.415 Executive Council means the Executive Council appointed pursuant to The Executive Government Administration Act.416 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.417 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.418 413 Federal Access to Information and Privacy Legislation Annotated 2015 (Canada: Thomson Reuters Canada Limited, 2014) at page 1-644.4. 414 British Columbia Government Services, FOIPPA Policy and Procedures Manual at Accessed June 26, 2019. 415 Adapted from definition used for “consultation” for subsection 17(1)(b) of this Guide. Original definition came from AB IPC Order F2003-016 at [20]. Adopted by SK OIPC for interpretation of subsection 17(1)(b) in Review Report F-2004-001 at [11] and [12]. 416 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 417 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16. 418 British Columbia Government Services, FOIPPA Policy Definitions at Accessed April 23, 2020.