Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 125 • The subject matter contained in the records. • Whether or not the government policy contained in the records has been announced or implemented. • Whether the record would reveal the nature of Cabinet discussion on the position of an institution. • Whether the records have, in fact, been considered by the Cabinet. This list is by no means exhaustive or definitive and is only included in an effort to identify examples of the types of criteria that could be considered.466 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.” 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. 466 ON IPC Orders P-24 at p. 12, PO-2122 at p. 6.
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