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. 138 A deliberation can occur when there is a discussion or consideration of the reasons for or against an action.512 It can refer to discussions conducted with a view towards making a decision.513 2. Do the consultations or deliberations involve officers or employees of a government institution, a member of the Executive Council, or the staff of a member of the Executive Council? Involving means including.514 There is nothing in the exemption that limits the exemption to participation only of officers or employees of a government institution, a member of the Executive Council or the staff of a member of the Executive Council. Collaboration with others is consistent with the concept of consultation.515 Officers or employees of a government institution: “Employee of a government institution” means an individual employed by a government institution and includes an individual retained under a contract to perform services for the government institution.516 A member of Executive Council: “Executive Council” means the Executive Council appointed pursuant to The Executive Government Administration Act.517 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.518 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.519 The staff of a member of the Executive Council: The phrase includes the staff in a Minister’s office, such as Chief of Staff, Administrative Assistants and Ministerial Assistants. 512 AB IPC Order 96-006 at p. 10. Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 180. Adopted in SK OIPC Review Report F-2004-001 at [12]. 513 Originated from ON IPC Order M-184 at p. 3. Adopted in SK OIPC Review Report 187-2015 at [19]. 514 T1T2 Limited Partnership v. Canada, 1994 CanLII 7368 (ON SC) at p. 17. 515 Hande v University of Saskatchewan, QBG 1222 of 2018 May 21, 2019 at [49]. 516 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01 at subsection 2(1)(b.i). 517 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 518 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16. 519 British Columbia Government Services, FOIPPA Policy Definitions at Accessed April 23, 2020.