Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 17 Subsection 13(1)(a) Records from other governments 13(1) A head shall refuse to give access to information contained in a record that was obtained in confidence, implicitly or explicitly, from: (a) the Government of Canada or its agencies, Crown corporations or other institutions; … unless the government or institution from which the information was obtained consents to the disclosure or makes the information public. Subsection 13(1)(a) of FOIP is a mandatory class-based exemption. It permits refusal of access to information in a record where the information was obtained in confidence, implicitly or explicitly from the Government of Canada unless there is consent to release or the information was made public. It includes the Government of Canada’s agencies, Crown corporations and other institutions. The following three-part test can be applied: 1. Was the information obtained from the Government of Canada or its agencies, Crown corporations or other institutions? For this exemption to apply, the agencies in question must qualify as either “Government of Canada or its agencies, Crown corporations or other institutions”. Because of the possessive pronoun in this clause, “agencies” and “other institutions” should be understood as federal agencies and federal institutions. For “other institutions”, it should be either federal government institutions as defined by the federal Access to Information Act or institutions controlled by the federal government.31 For some assistance, Schedule 1 (Section 3) of the federal Access to Information Act provides a list of federal government institutions. Obtained means to acquire in any way; to get possession of; to procure; or to get a hold of by effort.32 31 SK OIPC Review Report F-2006-002 at [23] and [32]. 32 Originated from Campbell Black, Henry, 1990. Black’s Law Dictionary, 6th Edition. St. Paul, Minn.: West Group. Adopted by AB IPC in Order 2000-021 at [26]. Adopted in SK OIPC Review Report F-2006-001 at [58] and [59]. Also, found in SK OIPC Review Report F-2006-002 at [39].
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