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. 160 Subsection 17(2) Advice from officials 17(2) This section does not apply to a record that: (a) has been in existence for more than 25 years; (b) is an official record that contains a statement of the reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function; (c) is the result of product or environmental testing carried out by or for a government institution, unless the testing was conducted: (i) as a service to a person, a group of persons or an organization other than a government institution, and for a fee; or (ii) as preliminary or experimental tests for the purpose of: (A) developing methods of testing; or (B) testing products for possible purchase; (d) is a statistical survey; (e) is the result of background research of a scientific or technical nature undertaken in connection with the formulation of a policy proposal; or (f) is: (i) an instruction or guide-line issued to the officers or employees of a government institution; or (ii) a substantive rule or statement of policy that has been adopted by a government institution for the purpose of interpreting an Act or regulation or administering a program or activity of a government institution. Subsection 17(2) of FOIP provides some specific cases where subsection 17(1) of FOIP does not apply. This includes a record that: (a) Has been in existence for more than 25 years; Any information contained within a record which has been in existence for 25 years or more cannot be withheld under subsection 17(1). Other exemptions may still apply to the information.587 587 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 183.