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. 163 would clearly be the case if, for example, a policy proposal referred directly to the research on which the proposal was based.600 Normally the research methodology, data and analysis cannot be withheld under subsection 17(1) of FOIP. However, advice and recommendations contained in the same record as the background research or prepared separately by or for a government institution or a minister could be withheld.601 In connection with has a very broad meaning. The word “connection” simply means that there is some relationship between two things or activities – that they have something to do with each other. The relationship need not be purposive to constitute a connection. Many activities might be carried out in connection with a particular object, as integrally related activities, without being carried out for the purpose of that object.602 (f) Is: (i) An instruction or guideline issued to the officers or employees of a government institution; Information used by officials in interpreting legislation, regulations or policy cannot be withheld under subsection 17(1) of FOIP. Generally, an official or employee in a position to provide interpretation or policy direction will have issued the instruction or guideline.603 (ii) A substantive rule or statement of policy that has been adopted by a government institution for the purpose of interpreting an Act, regulation, resolution or bylaw or administering a program or activity of a government institution. Basic interpretations of the law, regulations, and policy under which a government institution operates its programs and activities cannot be withheld under subsection 17(1) of FOIP. The public should have access to any manual, handbook or other guideline used in the decisionmaking processes that affect the public.604 600 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 185. 601 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 185. 602 Re Kitchener-Waterloo Real Estate Board Inc. and Regional Assessment Commissioner, Region No. 21 et al., 1986 CanLII 2660 (ON SC) at p. 8. 603 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 185. 604 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 186.

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