Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 61 discretionary power that should be exercised only in rare cases. It is the Commissioner’s view that this provision is meant to protect highly sensitive records where confirming or denying the mere existence of a record would in itself impose significant risk. For example, the risk of harm to witnesses as a result of revealing a law enforcement investigation is underway. Although section 14 of LA FOIP could protect records from being disclosed that fall into the category of law enforcement and investigations, this provision enables the local authority to address risks that could occur just by revealing records exist. It is not meant to protect a local authority from possible embarrassment or negative public scrutiny.101 Subsection 38(1)(a) of LA FOIP provides applicants the right to request a review of a local authority’s use of subsection 7(4) of LA FOIP. In order for a local authority to be able to show it properly invoked subsections 7(2)(f) and 7(4) of LA FOIP, the local authority must be able to: 1. Demonstrate that records (if they existed) would qualify for the particular exemption provided for at subsection 7(4) of LA FOIP. 2. Explain how disclosing the existence of records (if they existed) could reasonably compromise what it is protecting.102 IPC Findings In Review Report F-2005-002, the Commissioner considered the application of the equivalent subsection 7(4) of The Freedom of Information and Protection of Privacy Act (FOIP) for the first time. The applicant had requested access to any estimates of the government’s financial liability concerning a specific family. The Ministry of Justice (Justice) applied subsection 7(4) and refused to confirm or deny the existence of records. Upon review, the Commissioner considered whether there was a reasonable basis for the decision of Justice. The Commissioner saw no particular prejudice to Justice in that case if it acknowledged responsive records. The Commissioner found no reasonable basis for the exercise of statutory discretion for Justice to invoke subsection 7(4) of FOIP. In Review Report 035-2015, the Commissioner considered whether the Rural Municipality of Shellbrook #493 (RM) could rely on subsection 7(4) in LA FOIP. The applicant had requested records involving the installation of a culvert and communications between specific individuals and a Councillor. The Commissioner found that there was no reasonable basis for 101 SK OIPC Review Report 339-3017 at [18]. 102 SK OIPC Review Report 339-2017 at [19].
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