Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 305 The preceding factors are not a test but rather guidance on factors to consider. It is not an exhaustive list. Each case will require different supporting arguments. Two cases came before the Court of King’s Bench for Saskatchewan dealing with the equivalent provision in The Local Authority Freedom of Information and Protection of Privacy Act [see s. 30(2)]. Those two cases are as follows: • Fogal v. Regina School Division No. 4, 2002 SKKB 92 (CanLII) • Britto v University of Saskatchewan, 2018 SKKB 92 (CanLII) IPC Findings In Review Report LA-2004-001, the Commissioner considered the equivalent provision in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The review involved Lloydminster Public School Division (Division). An applicant requested access to records related to the applicant’s suitability for volunteering in after-school sport activities. Upon review, the Commissioner found that the evaluative or opinion material was not compiled for the purpose of determining the applicant’s suitability, eligibility or qualifications for employment or for the awarding of a contract or other benefit. It was compiled for the purpose of determining the suitability of a volunteer to engage in “volunteer” activity in an after-hours sports program. The Commissioner found that a volunteer does not meet the definition of “employee” of a local authority. As such, the Commissioner found that subsection 30(2) of LA FOIP did not apply. In Review Report 258-2016, the Commissioner found that the name of the individual giving the opinion was also captured by the provision. The purpose and intent of the provision is to allow individuals to provide frank feedback where there is an evaluation process occurring. In addition, evaluating suitability for employment can take place not only during the hiring process but also during an employee’s tenure. Furthermore, the provision can include unsolicited records such as letters of concern or complaint (Fogal v. Regina School Division No. 4, (2002)). In Review Report 010-2018, the Commissioner considered the equivalent provision in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The review involved the South East Cornerstone Public School Division #209 (Cornerstone). An applicant was seeking parental complaints and witness statements regarding an incident. Cornerstone withheld the records pursuant to several provisions in LA FOIP including subsection 30(2) of LA FOIP. Upon review, the Commissioner found that the records contained personal information that was evaluative or opinion material. Furthermore, the Commissioner found that the personal information was compiled solely for the purpose of determining the
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