Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 161 (b) Is an official record containing a statement of the reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function; This provision makes it clear that subsection 17(1) of FOIP cannot be used to withhold formal judgments, including reasons for reaching those judgments. The provision applies when the decision has already been made and is not merely contemplated.588 Reasons for decision means the motive, rationale, justification or facts leading to a decision.589 Exercise of discretionary power refers to making a decision that cannot be determined to be right or wrong in an objective sense.590 Discretionary means a choice given to a decision-maker as to whether, or how, to exercise a power.591 Involves the exercise of judgement and choice.592 Adjudicative function means a function conferred upon an administrative tribunal, board or other non-judicial body or individual that has the power to hear and rule on issues involving the rights of people and organizations. Examples would be a school board hearing an appeal under Part V of The Education Act, 1995, or a hearing by a review board.593 Reasons for decisions of this type cannot be withheld under subsection 17(1) of FOIP despite the fact that the decisions may contain advice or recommendations prepared by or for a minister or a government institution.594 (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 588 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 184. 589 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 184. 590 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 184. 591 AB IPC Order 98-014 at [16]. 592 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 586. 593 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 184. 594 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 184.
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