Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 135 beyond” or “considerably above” a mere possibility of harm in order to reach that middle ground: paras. 197 and 199. This inquiry of course is contextual and how much evidence and the quality of evidence needed to meet this standard will ultimately depend on the nature of the issue and “inherent probabilities or improbabilities or the seriousness of the allegations or consequences”… A government institution cannot rely on subsection 17(1)(a) of FOIP for a record that fits within the enumerated exclusions listed at subsection 17(2) FOIP. Before applying subsection 17(1) of FOIP, government institutions should ensure that subsection 17(2) of FOIP does not apply to any of the records. IPC Findings In Review Report 042-2015, the Commissioner considered subsection 17(1)(a) of FOIP. An applicant had requested analysis, briefing notes, publications or correspondence related to the impact of provincial finances of changing the liquor retailing system conducted since January 1, 2012. The applicant made the request to the Ministry of Finance who transferred it to Saskatchewan Liquor and Gaming Authority (SLGA). SLGA responded to the applicant indicating that all responsive records were being withheld pursuant to subsections 17(1)(a) and (b) FOIP. The records at issue for subsection 17(1)(a) included 23 Excel Workbooks and Appendices to budget submissions. Upon review, the Commissioner found that most of the Excel Workbooks contained only raw numerical data with no textual analysis or indication about a course of action. Without this, there was no way of knowing what advice was being given or what policy options had been proposed. Although SLGA referred to the data as analysis, the Commissioner found it was purely numerical data and would not qualify as analyses in the context of subsection 17(1)(a). Furthermore, the Commissioner found that the content of the Appendices qualified as analyses and policy options. In addition, it was developed by SLGA for Treasury Board. As such, the Commissioner found subsection 17(1)(a) of FOIP applied to the Appendices. In Review Report 216-2017, the Commissioner considered subsection 17(1)(a) of FOIP. An applicant requested copies of all documentation, memos, emails and minutes of meetings showing all steps the Ministry of Economy (Economy) had taken to make the Mineral Administration Registry Saskatchewan (MARS) compliant with subsection 15(1) of The Mineral Tenure Registry Regulations. Economy responded to the applicant indicating that access was granted to some records while others were being withheld pursuant to subsections 17(1)(a) and 29(1) of FOIP. The records at issue under subsection 17(1)(a) were copies of a draft policy. Upon review, the Commissioner found that the edits and comments (track changes) within the draft versions of the policy qualified as recommendations. Furthermore, the
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