Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 122 Subsection 16(2)(a) 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; Subsection 16(2)(a) of FOIP provides that confidences that have been in existence for more than 25 years cannot be withheld under subsection 16(1) of FOIP. After that time, information in the record becomes subject to the Act and may be released subject to any applicable exemptions.461 Before releasing, if the record contains the personal information of a deceased individual, the rules around disclosure under section 30 of FOIP must be considered. For more on section 30 see the Guide to FOIP, Chapter 6, “Protection of Privacy.” Subsection 16(2)(b) Cabinet documents 16(2) Subject to section 30, a head shall not refuse to give access pursuant to subsection (1) to a record where: … (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. 461 Treasury Board of Canada Secretariat, Confidences of the Queen’s Privy Council for Canada (Cabinet confidences), https://www.canada.ca/en/treasury-board-secretariat/services/access-informationprivacy/privacy/confidences-queen-privy-council-canada-cabinet-confidences.html. Accessed June 27, 2019.
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