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 24 July 2025. 117 A policy is a standard course of action that has been officially established by government.436 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. 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. 436 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1401.

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