Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 121 Authority (GTH) for all internal documentation/records related to Brightenview Internal Developments Inc. between January 1, 2013 and April 5, 2016. The GTH responded to the applicant withholding the records in full citing several provisions including subsection 16(1)(d) of FOIP. Upon review, the Commissioner found that nine of the records could be described as briefing notes. As GTH did not provide anything to demonstrate that the briefing notes were prepared for or intended for members of the Executive Council, the Commissioner was not persuaded that subsection 16(1)(d) of FOIP applied to the briefing notes. In Review Report 157-2016, the Commissioner considered subsection 16(1)(d) of FOIP. An applicant had made an access to information request to the GTH for all correspondence between the GTH and any other ministry related to Brightenview International Development Inc. from December 1, 2015 to April 5, 2016. The GTH responded to the applicant withholding the records in full citing several provisions including subsection 16(1)(d) of FOIP. The GTH applied subsection 16(1)(d) to 12 emails. Upon review, one group of the emails dealt with the timing of an announcement of a decision already approved by Cabinet. None of the emails included a member of the Executive Council. The second group of emails dealt with a news release regarding a decision approved by Cabinet. Again, no members of the Executive Council were included in the emails. The Commissioner was not persuaded that subsection 16(1)(d) of FOIP applied to the emails. Subsection 16(2) Cabinet documents 16(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(2) of FOIP is a mandatory exemption. It sets out circumstances where a head must not withhold cabinet confidences pursuant to subsection 16(1) of FOIP.
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