Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 89 or maintenance of a structure, process, equipment or thing. Finally, technical information must be given a meaning separate from scientific information.333 Relating to should be given a plain but expansive meaning.334 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.335 “Relating to” requires some connection between the technical information and weapons both existing and potential.336 Weapon means an instrument used or designed to be used to injure or kill someone.337 Potential means capable of coming into being; possible if the necessary conditions exist.338 A government institution cannot rely on subsection 15(1)(l) of FOIP for a record that: a) Provides a general outline of the structure or programs of a law enforcement agency; or b) Reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program (see subsection 15(2)). Subsection 15(1)(m) Law enforcement and investigations 15(1) A head may refuse to give access to a record, the release of which could: … (m) reveal the security arrangements of particular vehicles, buildings or other structures or systems, including computer or communication systems, or methods employed to protect those vehicles, buildings, structures or systems. (2) Subsection (1) does not apply to a record that: 333 SK OPIC definition accepted by Justice Keene in Consumers Co-operative Refineries Limited v Regina (City), 2016 SK B 335 (CanLII) at [20]. Same definition is used for third party exemption at subsection 19(1)(b) of this Guide. 334 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 335 Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. This case dealt specifically with an appeal regarding Ontario’s FOIP legislation. 336 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 337 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1908. 338 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1413.
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