Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 147 Subsection 17(1)(d) 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: … (d) plans that relate to the management of personnel or the administration of a government institution and that have not yet been implemented; Subsection 17(1)(d) 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 plans that relate to the management of personnel or the administration of a government institution which have not yet been implemented. The provision protects as a class of record, plans that relate to the internal management of government institutions, for example, plans about the relocation or reorganization of government institutions or the management of personnel, and plans to abolish positions or programs.552 The following three-part test can be applied: 1. Does the record contain a plan(s)? A plan is a formulated and especially detailed method by which a thing is to be done; a design or scheme.553 A detailed proposal for doing or achieving something; an intention or decision about what one is going to do.554 2. Does the plan(s) relate to: i) The management of personnel? 552 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.6. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed July 10, 2019. 553 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. 554 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1092.
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