Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 153 A government institution cannot rely on subsection 17(1)(e) of FOIP for a record that fits within the enumerated exclusions listed at subsection 17(2) of FOIP. Before applying subsection 17(1) of FOIP, government institutions should ensure that subsection 17(2) of FOIP does not apply to any of the records. IPC Findings In Review Report 086-2018, the Commissioner considered subsection 17(1)(e). An applicant had submitted an access to information request to the Ministry of Health (Health) for information pertaining to the Ministry of Health EMS Working Group. Health responded to the applicant providing partial access to 1,697 pages citing several subsections including subsection 17(1)(e) for authority to withhold some of the information. Three pages were at issue under subsection 17(1)(e). Upon review, the Commissioner found that the three pages would disclose the content of draft or subordinate legislation. However, the Commissioner noted that the pages were 14 years old, and the specific piece of legislation had been amended five times since the creation of the three pages. The Commissioner recommended that Health reconsider its exercise of discretion. Subsection 17(1)(f) 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: … (f) agendas or minutes of: (i) a board, commission, Crown corporation or other body that is a government institution; or (ii) a prescribed committee of a government institution mentioned in subclause (i); Subsection 17(1)(f) 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 agendas or minutes of a board, commission, Crown corporation or other body that is a government institution or a prescribed committee of a government institution. The provision is intended to protect agendas and/or meeting minutes as they relate to decision-making within the bodies listed. The following two-part test can be applied:
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