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. 184 (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 (ii) testing products for possible purchase. Subsection 18(1)(e) of FOIP is a discretionary, class-based exemption. It permits refusal of access in situations where release of a record could reasonably be expected to disclose positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of a government institution. It also covers considerations related to the negotiations. Examples of the type of information that could be covered by this exemption are the various positions developed by a government institution’s negotiators in relation to labour, financial and commercial contracts.660 Subsection 18(1)(e) of FOIP is worded the same as subsection 17(1)(c) of FOIP. Although the context of the larger provisions is different (advice from officials versus economic and other interests), the same definitions and test can be applied. The following two-part test can be applied: 1. Does the record contain positions, plans, procedures, criteria, instructions, or considerations that relate to the negotiations? A position is a point of view or attitude.661 An opinion, stand; a way of regarding situations or topics; an opinion that is held in opposition to another in an argument or dispute.662 660 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 181. 661 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1116. 662 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at Accessed July 9, 2019.