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. 139 It also includes the staff of the Office of the Executive Council. Subsection 28(1) of The Executive Government Administration Act defines the staff of the Office of the Executive Council as follows: 28(1) The staff of the office consists of: a) the Deputy Minister to the Premier; b) the Cabinet Secretary; c) the Clerk of the Executive Council; and d) any other employees that are required for the proper conduct of the business of the office. When there is a review by the IPC, the government institution is invited to provide a submission (arguments). The government institution should identify the individuals involved in the consultations or deliberations, include the job title of each, list organization affiliation and clarification as to each individuals’ role in the decision making process. The provision is not meant to protect the bare recitation of facts, without anything further.520 Factual material means a cohesive body of facts, which are distinct from the consultations or deliberations. It does not refer to isolated statements of fact, or to the analyses of the factual material. Factual material refers specifically to information that cannot be withheld under section 17(1) of FOIP and which must be separated from consultations or deliberations if those are being withheld. Where factual information is intertwined with the consultations and/or deliberations in a manner whereby no reasonable separation can be made, then the information is not factual material and can be withheld.521 The exemption does not generally apply to records or parts of records that in themselves reveal only that: • A consultation or deliberation took place at a particular time; • Particular persons were involved; or • A particular topic was involved.522 520 Canada (Information Commissioner) v. Canada (Minister of the Environment), [2007] 3 FCR 125, 2006 FC 1235 (CanLII) at [67]. AB IPC Order 96-006 at p. 10. 521 Adapted from British Columbia Government Services, FOIPPA Policy and Procedures Manual at Accessed July 5, 2019. 522 AB IPC Order F2004-026 at [65] [71] and [76]. Adopted in SK OIPC Review Report F-2006-004 at [33]. Similar position in BC IPC Orders 01-25 at p. 8 and 193-1997 at p. 8.