Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 185 A plan is a formulated and especially detailed method by which a thing is to be done; a design or scheme.663 A detailed proposal for doing or achieving something; an intention or decision about what one is going to do.664 A procedure is an established or official way of doing something; a series of actions conducted in a certain order or manner.665 Criteria are standards, rules or tests on which a judgement or decision can be based or compared; a reference point against which other things can be evaluated.666 Instructions are directions or orders.667 Subsection 18(1)(e) extends its protection beyond positions, plans, procedures, criteria, or instructions to “considerations that relate to those negotiations”. To qualify, the information must constitute considerations and they must relate to the negotiations. A consideration is a careful thought; a fact taken into account when making a decision.668 Thus, a record identifying the facts and circumstances connected to positions, plans, procedures, criteria or instructions could also fall within the scope of this provision.669 Relate to should be given a plain but expansive meaning.670 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain 663 Definition originated from ON IPC Order P-229 at p. 10, which drew the definition from the Concise Oxford Dictionary. Adopted in SK OIPC Review Report LA-2011-001 at [78]. Same definition used by the Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed July 9, 2019. 664 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1092. 665 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1139. 666 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 473. 667 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 734. 668 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 304. Same definition used by Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-informationprivacy/access-information/access-information-manual.html#cha11_18. Accessed July 10, 2019. 669 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed July 10, 2019. 670 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32].
RkJQdWJsaXNoZXIy MTgwMjYzOA==