Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 143 The requirements for each part of the test are broken down below. 1. Does the record contain positions, plans, procedures, criteria or instructions? A position is a point of view or attitude.529 An opinion; stand; a way of regarding situations or topics; an opinion that is held in opposition to another in an argument or dispute.530 A plan is a formulated and especially detailed method by which a thing is to be done; a design or scheme.531 A detailed proposal for doing or achieving something; an intention or decision about what one is going to do.532 A procedure is an established or official way of doing something; a series of actions conducted in a certain order or manner.533 Criteria are standards, rules or tests on which a judgement or decision can be based or compared; a reference point against which other things can be evaluated.534 Instructions are directions or orders.535 a. Developed for the purpose of contractual or other negotiations Developed means to start to exist, experience or possess.536 Use of the word “developed” suggests the Legislature’s intention was for the provision to include information generated in the process leading up to the contractual or other negotiations (for example, draft versions).537 529 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1116. 530 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 July 9, 2019. 531 Definition originated from ON IPC Order P-229 at p. 10, which drew the definition from the Concise Oxford Dictionary. Adopted in SK OIPC Review Report LA-2011-001 at [78]. Same definition used by the 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 July 9, 2019. 532 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1092. 533 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1139. 534 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 473. 535 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 734. 536 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 391. 537 Ontario (Ministry of Northern Development and Mines) v. Mitchinson, 2004 CanLII 15009 (ON SCDC) at [56]. Justice Dunnet found that inclusion of this word changed the meaning in the federal and British Columbia legislation compared to Ontario’s FOIP legislation that did not include this word for the advice/recommendations provision.
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