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. 193 • Provide facts to support the assertions made.692 Injury implies damage or detriment.693 Ability to manage the economy refers to the responsibility of the Government of Saskatchewan to manage the province’s economic activities by ensuring that an appropriate economic infrastructure is in place, and by facilitating and regulating the activities of the marketplace. This depends on a range of activities, including fiscal and economic policies, taxation, and economic and business development initiatives.694 Government of Saskatchewan used in subsection 18(1)(g) of FOIP, has a broader meaning than “government institution”, used elsewhere in FOIP. This recognizes that government institutions, individually or collectively, may hold significant amounts of financial and economic information critical to the management of the provincial economy. Sensitive information about provincial government bodies not subject to FOIP can also be exempt under subsection 18(1)(g) of FOIP if it can be shown that disclosure could reasonably be expected to be injurious to the ability of the Government of Saskatchewan to manage the economy in the province.695 A government institution cannot rely on subsection 18(1)(g) 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. 692 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.4. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed August 29, 2019. 693 Adapted from definition of ‘harm’ in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 148. 694 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 189. Similar definition in British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-economic-interests. Accessed July 17, 2019. Similar definition in Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.11.4. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-informationprivacy/access-information/access-information-manual.html#cha11_11. Accessed July 19, 2019. 695 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.11.4. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_11. Accessed July 19, 2019.

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