Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 114 Relate to should be given a plain but expansive meaning.419 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.420 “Relating to” requires some connection between the information and the making of government decisions or the formulation of government policy.421 A decision is a determination after consideration of the facts.422 Formulation means to create or prepare methodically.423 A policy is a standard course of action that has been officially established by government.424 2. Does the record reflect the consultations among members of Cabinet on matters that relate to the making of government decisions or the formulation of government policy? This first 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. Reflect means to embody or represent in a faithful or appropriate way.425 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.426 Executive Council means the Executive Council appointed pursuant to The Executive Government Administration Act.427 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.428 Cabinet has also been defined as the committee of 419 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 420 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. 421 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 422 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 511. 423 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 557. 424 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1401. 425 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1203. 426 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]. 427 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 428 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16.
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