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. 1 Overview This Chapter explains the various exemptions that a government institution may rely on to deny access to records or information to an applicant who has made an access to information request. For more on making an access to information request, see the Guide to FOIP, Chapter 3, “Access to Records.” What follows is non-binding guidance. Every matter should be considered on a case-by-case basis. This guidance is not intended to be an exhaustive authority on the interpretation of these exemptions. Government institutions may wish to seek legal advice when deciding on exemptions to apply. Government institutions should keep section 61 of FOIP in mind. Section 61 places the burden of proof for establishing that access to a record may or must be refused on the government institution. For more on the burden of proof, see the Guide to FOIP, Chapter 2, “Administration of FOIP.” This is a guide. This chapter covers: • Interpretation of Exemptions. • Class and Harm Based Exemptions. • Mandatory and Discretionary Exemptions. • Exercise of Discretion. • Public Interest Overrides. • Guidance on each of the exemptions in Part III of FOIP. The tests, criteria and interpretations established in this Chapter reflect the precedents set by the current and/or former Information and Privacy Commissioners in Saskatchewan through the issuing of Review Reports. Court decisions from Saskatchewan affecting The Freedom of Information and Protection of Privacy Act (FOIP) will be followed. Where this office has not previously considered a section of FOIP, the Commissioner looked to other jurisdictions for guidance. This includes other Information and Privacy Commissioners’ Orders, Reports and/or other relevant resources. In addition, court decisions from across the country are relied upon where appropriate. This Chapter will be updated regularly to reflect any changes in precedent. This office will update the footer to reflect the last update. Using the electronic version directly from our website will ensure you are always using the most current version.