Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 118 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: (i) the President of the Executive Council for which, or with respect to which, the record has been prepared; or (ii) in the absence or inability to act of the President, by the next senior member of the Executive Council who is present and able to act. Subsection 16(1)(d) of FOIP is a mandatory class-based exemption. It permits refusal of access in situations where release of a record could disclose a confidence of Cabinet including records that contain briefings to members of Cabinet in relation to matters that are before, or proposed to be brought before, Cabinet or any of its committees. It also permits refusal where release of a record could disclose matters that are the subject of consultations described in subsection 16(1)(c) of FOIP above. Cabinet confidences are generally defined as, in the broadest sense, the political secrets of Ministers individually and collectively, the disclosure of which would make it very difficult for the government to speak in unison before Parliament and the public.437 437 Federal Access to Information and Privacy Legislation Annotated 2015 (Canada: Thomson Reuters Canada Limited, 2014) at page 1-644.4.
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