Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 292 counsel (or an agent of the Attorney General). This provision is broader in scope than subsection 22(a). The following two-part test can be applied: 1. Were the records “prepared by or for” an agent or legal counsel for a government institution? The record must be “prepared”, as the term is understood, in relation to the advice or services or compiled or created for the purpose of providing the advice or services. Prepared means to be made ready for use or consideration.1006 By or for means the person preparing the record must be either the person providing the legal advice or legal service or a person who is preparing the record in question on behalf of, or, for the use of, the provider of legal advice or legal related services.1007 An agent of the Attorney General for Saskatchewan can include public prosecutions at the Ministry of Justice.1008 Attorney General, in this context, is the chief law officer of Saskatchewan responsible for advising the government on legal matters and representing it in litigation.1009 For FOIP, a government institution can capture any government institution and not just the one applying the exemption (i.e. by the use of “a” government institution rather than “the”). 2. Were the records prepared in relation to a matter involving the provision of advice or other services by the agent or legal counsel? In relation to has been found to have a similar meaning as “in respect of”. It was considered in Nowegijick v. The Queen: The words “in respect of” are, in my opinion, words of the widest possible scope. They import such meanings as “in relation to”, “with reference to” or “in connection with”. The 1006 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1129. 1007 Originated from AB IPC Order F2008-021 at [110] and [111]. Adopted in SK OIPC Review Report LA-2014-003 at [17]. 1008 SK OIPC Review Report F-2012-006 at [111]. 1009 Modified from Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 154.
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