Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 116 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.426 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.427 Executive Council means the Executive Council appointed pursuant to The Executive Government Administration Act.428 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.429 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.430 Relate to should be given a plain but expansive meaning.431 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.432 “Relating to” requires some connection between the information and the exercise of prosecutorial discretion.433 A decision is a determination after consideration of the facts.434 Formulation means to create or prepare methodically.435 426 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1203. 427 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]. 428 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 429 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16. 430 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. 431 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 432 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. 433 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 434 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 511. 435 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 557.
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