Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 131 2. Was the advice, proposals, recommendations, analyses and/or policy options developed by or for a government institution or a member of the Executive Council? The advice, proposals, recommendations, analyses and/or policy options can be developed by a government institution or for a government institution including one not relying on the exemption.488 This is supported by the use of “a government institution” and not “the government institution” in the provision. Executive Council means the Executive Council appointed pursuant to The Executive Government Administration Act.489 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.490 Cabinet has also been defined as the committee of senior ministers (heading individual provincial government ministries) which acts collectively with the Premier to decide matters of government policy.491 Developed by or for means the advice, proposals, recommendations, analyses and/or policy options must have been created either: 1) within the government institution, or 2) outside the government institution but for a government institution and at its request (for example, by a service provider or stakeholder).492 For information to be developed by or for a government institution, the person developing the information should be an official, officer or employee of the government institution, be contracted to perform services, be specifically engaged in an advisory role (even if not paid) or otherwise have a sufficient connection to the government institution.493 To put it another way, in order to be “developed by or for” the government institution, the advice, proposals, recommendations, analyses and/or policy options should: 488 This is because the provision uses “a” rather than “the” government institution. 489 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 490 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16. 491 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 492 AB IPC Order 2000-021 at [35]. See also British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-forgovernment/policies-procedures/foippa-manual/policy-advice-recommendations. Accessed July 7, 2019. 493 AB IPC Order F2008-008 at [41] to [42]. Adopted in SK OIPC Review Reports LA-2010-001 at [30] to [31].
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