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. 139 A deliberation can occur when there is a discussion or consideration of the reasons for or against an action.513 It can refer to discussions conducted with a view towards making a decision.514 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.515 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.516 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.517 A member of Executive Council: “Executive Council” means the Executive Council appointed pursuant to The Executive Government Administration Act.518 It consists of the Premier and Cabinet Ministers. Executive Council is also referred to as “Cabinet”.519 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.520 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. Commissioner) v. Canada (Minister of the Environment), [2007] 3 FCR 125, 2006 FC 1235 (CanLII) at [65] and [66]. 513 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]. 514 Originated from ON IPC Order M-184 at p. 3. Adopted in SK OIPC Review Report 187-2015 at [19]. 515 T1T2 Limited Partnership v. Canada, 1994 CanLII 7368 (ON SC) at p. 17. 516 Hande v University of Saskatchewan, QBG 1222 of 2018 May 21, 2019 at [49]. 517 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01 at subsection 2(1)(b.i). 518 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 519 Government of Saskatchewan, Cabinet Secretariat, Executive Council, Executive Government Processes and Procedures in Saskatchewan: A Procedures Manual, 2007, at p. 16. 520 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.

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