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. 35 Consultation with the other party or parties from which the information was obtained should take place to determine if either consent will be given or if the information has or will be made public.117 Subsection 13(2) Records from other governments 13(2) A head may refuse to give access to information contained in a record that was obtained in confidence, implicitly or explicitly, from a local authority as defined in the regulations. Subsection 13(2) of FOIP is a discretionary class-based exemption. The provision permits refusal of access to information in a record where the information was obtained in confidence, implicitly or explicitly from a local authority. The following two-part test can be applied: 1. Was the information obtained from a local authority? For assistance, subsection 2(2) of The Freedom of Information and Protection of Privacy Regulations (FOIP Regulations) points to the definition of a “local authority” found in subsection 2(1)(f) of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). Information means facts or knowledge provided or learned as a result of research or study.118 Obtained means to acquire in any way; to get possession of; to procure; or to get a hold of by effort.119 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 local authority. 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 117 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 164. 118 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 727, (Oxford University Press), Cited in SK OIPC Review Report F-2006-002 at [45]. 119 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-2006001 at [58] and [59]. Also, found in SK OIPC Review Report F-2006-002 at [39].