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 8 April 2024. 120 The words “in respect of” are, in my opinion, words of the widest possible scope. They import such meanings as “in relation to”, “with reference to” or “in connection with”. The phrase “in respect of” is probably the widest of any expression intended to convey some connection between two related subject-matters.456 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.457 A decision is a determination after consideration of the facts.458 Formulation means to create or prepare methodically.459 A policy is a standard course of action that has been officially established by government.460 In order for this provision to apply, the records must contain briefings and be intended for Executive Council. In addition, subsections 16(1)(d)(i) or (ii) must apply. The purpose for which the record was prepared is key. 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 016-2015, the Commissioner found that information in Transition Briefing Binders that was already publicly available did not qualify for the exemption. In Review Report 159-2016, the Commissioner considered subsection 16(1)(d) of FOIP. An applicant had made an access to information request to the Global Transportation Hub 456 Nowegijick v. The Queen, [1983] 1 SCR 29, 1983 CanLII 18 (SCC) at [39]. 457 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]. 458 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 511. 459 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 557. 460 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1401.