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. 38 • The fact that the government institution requested the information be provided in a sealed envelope and/or outlined its confidentiality intentions prior to the information being provided.132 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. Simply labelling documents as “confidential” does not, on its own, make the documents confidential (i.e., confidentiality stamps or standard automatic confidentiality statements at the end of emails). It is just one factor that we consider when determining whether the information was explicitly supplied in confidence.133 IPC Findings In Review Report F-2006-001, the Commissioner considered subsection 13(2) of FOIP. An applicant had requested access to a copy of a fire investigation report for a fire that occurred in November 2002 at an apartment building in the City of Regina. The applicant also sought access to any remedial orders that were given to the building owners. The access request was made to Saskatchewan Corrections and Public Safety. The Commissioner found that the Regina Fire Department was an established department of the City of Regina which qualified as a local authority as defined under section 2 of LA FOIP. However, the Commissioner found that the records were not obtained in confidence from the Regina Fire Department. 132 SK OIPC Review Reports F-2006-002 at [56], F-2012-001/LA-2012-001 at [29], LA-2013-002 at [49], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Order 97-013 at [25]. 133 SK OIPC Review Report F-2012-001/LA-2012-001 at [43].

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