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. 94 Section 16: Cabinet Documents Cabinet documents 16(1) A head shall refuse to give access to a record that discloses a confidence of the Executive Council, including: (a) records created to present advice, proposals, recommendations, analyses or policy options to the Executive Council or any of its committees; (b) agendas or minutes of the Executive Council or any of its committees, or records that record deliberations or decisions of the Executive Council or any of its committees; (c) records of consultations among members of the Executive Council on matters that relate to the making of government decisions or the formulation of government policy, or records that reflect those consultations; (d) records that contain briefings to members of the Executive Council in relation to matters that: (i) are before, or are proposed to be brought before, the Executive Council or any of its committees; or (ii) are the subject of consultations described in clause (c). (2) Subject to section 30, a head shall not refuse to give access pursuant to subsection (1) to a record where: (a) the record has been in existence for more than 25 years; or (b) consent to access is given by: (i) the President of the Executive Council for which, or with respect to which, the record has been prepared; or (ii) in the absence or inability to act of the President, by the next senior member of the Executive Council who is present and able to act. Subsection 16(1) of FOIP is a mandatory class-based provision. Subsections 16(1)(a) through (d) of FOIP are not an exhaustive list. Therefore, even if none of the subsections are found to apply, the introductory wording of subsection 16(1) of FOIP must still be considered.350 In other words, is the information a confidence of Executive Council? 350 First stated in SK OIPC Review Report 021-2015 at [20]. Consistent with British Columbia Government Services, FOIPPA Policy and Procedures Manual at Accessed June 26, 2019.