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 24 July 2025. 132 should be considered in depth. Or, if the advantages and disadvantages of the policy options are either perceived as being obvious or have already been canvassed orally or in a prior draft, the policy options might appear without any additional explanation. As long as a list sets out alternative course of action relating to a decision to be made, it will constitute policy options.488 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.489 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.490 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.491 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.492 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).493 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 488 John Doe v. Ontario (Finance), [2014] 2 SCR 3, 2014 SCC 36 (CanLII) at [27]. Relied on by Justice Kalmakoff in Leo v Global Transportation Hub Authority, 2019 SKQB 150 at [30]. 489 This is because the provision uses “a” rather than “the” government institution. 490 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 491 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16. 492 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. 493 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.

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