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. 22 implicitly or explicitly from another provincial or territorial government in Canada unless there is consent to release or the information was made public. It includes the province or territory’s agencies, Crown corporations and other institutions. The following three-part test can be applied: 1. Was the information obtained from the government of another province or territory of Canada, or its agencies, Crown corporations or other institutions? Obtained means to acquire in any way; to get possession of; to procure; or to get a hold of by effort.53 A government institution could obtain information either intentionally or unintentionally. It can also include information that was received indirectly provided its original source was the government of another province or territory of Canada. However, to obtain information suggests that the government institution did not create it. Regardless, the provision is not so much driven by the source of the record to which access is sought as it is by the confidential nature and source of the information it contains. As such, authorship (or who created the record) is irrelevant.54 Section 13 of FOIP uses the term “information contained in a record” rather than “a record” like other exemptions. Therefore, the exemption can include information within a record that was authored by the government institution provided the information at issue was obtained from the government of another province or territory of Canada. Information means facts or knowledge provided or learned as a result of research or study.55 53 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]. 54 Saskatchewan (Ministry of Health) v West, 2022 SKCA 18 at [46] and [47]. 55 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 727, (Oxford University Press), Cited in Review Report F-2006-002 at [45].