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. 124 IPC Findings In Review Report F-2004-004, the Commissioner considered subsection 16(2)(b) of FOIP. An applicant asserted that the Premier, as President of the Executive Council, verbally gave his consent to the release of the requested documents in a media scrum before the applicant launched his access to information request. The applicant provided a copy of a transcript of the Premier’s statement. Upon review, the Commissioner found that section 18 of The Freedom of Information and Protection of Privacy Regulations (FOIP Regulations) applied to subsection 16(2)(b) of FOIP meaning that the consent needed to be in writing. Verbal consent was therefore insufficient and could not be used to circumvent the head’s mandatory prohibition in section 16(1) of the Act. Finally, the Commissioner found that all consents must be in writing unless it is not reasonably practicable to obtain the written consent of the individual. The Commissioner found that the document remained exempt from disclosure. Section 17: Advice From Officials Advice from officials 17(1) Subject to subsection (2), a head may refuse to give access to a record that could reasonably be expected to disclose: (a) advice, proposals, recommendations, analyses or policy options developed by or for a government institution or a member of the Executive Council; (b) consultations or deliberations involving: (i) officers or employees of a government institution; (ii) a member of the Executive Council; or (iii) the staff of a member of the Executive Council; (c) positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the Government of Saskatchewan or a government institution, or considerations that relate to those negotiations; (d) plans that relate to the management of personnel or the administration of a government institution and that have not yet been implemented; (e) contents of draft legislation or subordinate legislation; (f) agendas or minutes of: (i) a board, commission, Crown corporation or other body that is a government institution; or