Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 142 Subsection 17(1)(c) Advice from officials 17(1) Subject to subsection (2), a head may refuse to give access to a record that could reasonably be expected to disclose: … (c) positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the Government of Saskatchewan or a government institution, or considerations that relate to those negotiations; Subsection 17(1)(c) of FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reasonably be expected to disclose positions, plans, procedures, criteria, or instructions developed for the purpose of contractual or other negotiations by or on behalf of a government institution. It also covers considerations related to those negotiations. Examples of the type of information that could be covered by this exemption are the various positions developed by a government institution’s negotiators in relation to labour, financial and commercial contracts.527 Subsection 17(1)(c) of FOIP protects as a class the strategies and tactics employed or contemplated by government institutions for the purpose of negotiations. Such information can be protected from disclosure even after the negotiations have been completed.528 The following test can be applied: 1. Does the record contain positions, plans, procedures, criteria, or instructions? a. Developed for the purpose of contractual or other negotiations. b. By or on behalf of the government institution. 2. Or does the record contain considerations that relate to those negotiations? 527 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 181. 528 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed May 9, 2023.
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