Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 115 senior ministers (heading individual provincial government ministries) which acts collectively with the Premier to decide matters of government policy.429 Relate to should be given a plain but expansive meaning.430 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.431 “Relating to” requires some connection between the information and the exercise of prosecutorial discretion.432 A decision is a determination after consideration of the facts.433 Formulation means to create or prepare methodically.434 A policy is a standard course of action that has been officially established by government.435 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. 429 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 430 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 431 Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. This case dealt specifically with an appeal regarding Ontario’s FOIP legislation. 432 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 433 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 511. 434 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 557. 435 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1401.
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