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. 179 Employee means an individual employed by a government institution and includes an individual retained under a contract to perform services for the government institution.646 Priority publication is the status of being earlier in time; precedence; the status of being first to publish.647 Government institutions should not assume that the deprivation with respect to priority publication is self-evident. The harm must be described in a precise and specific way in order to support the application of the provision. A government institution cannot rely on subsection 18(1)(c) of FOIP for a record that fits within the enumerated exclusions listed at subsection 18(2) of FOIP. Before applying subsection 18(1) of FOIP, government institutions should ensure that subsection 18(2) of FOIP does not apply to any of the records. Subsection 18(1)(d) Economic and other interests 18(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (d) information, the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of the Government of Saskatchewan or a government institution; … (2) A head shall not refuse, pursuant to subsection (1), to give access to a record that contains the results of product or environmental testing carried out by or for a government institution, unless the testing was conducted: (a) as a service to a person, a group of persons or an organization other than a government institution, and for a fee; or (b) as preliminary or experimental tests for the purpose of: (i) developing methods of testing; or 646 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01 at subsection 2(1)(b.i). 647 Adapted from Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1445.