Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 116 IPC Findings In Review Report 051-2015, the Commissioner considered subsection 16(1)(c) of FOIP. An applicant had made an access to information request to the Ministry of Finance (Finance) for any analysis or briefing materials on royalty rates since January 1, 2012. Finance withheld the records in full citing in part subsection 16(1)(c) of FOIP. The records contained substantial handwritten notes. Finance asserted the notes were made by a Director and were the Director’s speaking notes for presentations to Treasury Board and Cabinet as well as the results of the consultations among the ministers. Upon review, the Commissioner agreed that the notes reflected speaking notes as well as consultations among members of Executive Council following the presentation. As such, subsection 16(1)(c) of FOIP was found to apply. In Review Report 079-2018, the Commissioner considered subsection 16(1)(c) of FOIP. An applicant had made an access to information request to the Ministry of Health (Health) for information pertaining to the creation of the Lloydminster EMS BLS and ALS Medical Protocols. Health provided access to some records but withheld others citing in part subsection 16(1)(c) of FOIP as reason to withhold. The record at issue was a letter to the chairperson of a regional health authority from the Minister of Health. Upon review, the Commissioner found that the letter did not reflect any discussions between members of the Executive Council as required by the provision. The Commissioner was not persuaded that subsection 16(1)(c) of FOIP applied to the letter. Subsection 16(1)(d) Cabinet documents 16(1) A head shall refuse to give access to a record that discloses a confidence of the Executive Council, including: … (d) records that contain briefings to members of the Executive Council in relation to matters that: (i) are before, or are proposed to be brought before, the Executive Council or any of its committees; or (ii) are the subject of consultations described in clause (c). (2) Subject to section 30, a head shall not refuse to give access pursuant to subsection (1) to a record where: (a) the record has been in existence for more than 25 years; or (b) consent to access is given by:
RkJQdWJsaXNoZXIy MTgwMjYzOA==