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. 183 • How would disclosure specifically interfere with the negotiations. • Does the information relate to an outstanding issue in the negotiations. If so, how would disclosure interfere with negotiations on this issue. • Does the information relate to issues already resolved in the negotiations. • Would disclosure cause the issue to be reopened. Why. • Would it otherwise interfere with negotiations. How. • Is the information current. How old is the information. • Does it relate to events prior to the negotiations. • Does the other side of the negotiations already have this information. If not, have they asked for it. • Is the information commonly known in the industry. • Is the information reasonably available elsewhere. If so, how would disclosure interfere with negotiations.659 Examples of information to which this exemption may apply include negotiating positions, options, instructions, pricing criteria and points used in negotiations. A government institution cannot rely on subsection 18(1)(d) of FOIP for a record that fits within the enumerated exclusions listed at subsection 18(2). 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)(e) Economic and other interests 18(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (e) positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the Government of Saskatchewan or a government institution, or considerations that relate to those negotiations; … 659 Information Commissioner of Canada, Investigator’s Guide to Interpreting the Act, Section 20(1)(c)&(d): Questions, available at Accessed July 19, 2019.