Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 95 The provision can apply to records that are themselves the draft versions of resolutions or bylaws. It can also apply to a record that is not the actual draft but discloses the content of a draft resolution or bylaw.363 While drafts may be withheld under this exemption, the final version of the resolution or bylaw cannot.364 For example, an official of a school district may draft a resolution setting out amended rules for the operation of individual schools. This amendment to the rules goes through several internal drafts before it is presented to the school board for discussion and consideration for approval. All versions other than the version that is submitted to the board may be withheld under this provision.365 The exemption can be applied to the whole draft or to individual sections or clauses. An example would be a preliminary version of a land use bylaw drafted by a staff member for the consideration of municipal council.366 A local authority cannot rely on subsection 15(1)(a) of LA FOIP if the drafts of resolutions or bylaws have been in existence for more than 25 years pursuant to subsection 15(2) of LA FOIP. If the records are more than 25 years old and involve personal information, the local authority should also consider section 29 (personal information of deceased individual) of LA FOIP. IPC Findings In Review Report 019-2014, the Commissioner considered the City of Saskatoon’s application of subsection 15(1)(a) of LA FOIP to a one page email. The email involved a City manager and a City Councillor. The email contained draft wording for a motion. The Commissioner found the content of the email fit the definition of a draft resolution. As such, the Commissioner found that subsection 15(1)(a) of LA FOIP was appropriately applied by the City of Saskatoon. 363 Adapted from SK OIPC Review Report 086-2018 at [78]. Relied on AB IPC Orders F2004-026 and F2008-028. Similar approach taken to interpretation of subsection 17(1)(e) of The Freedom of Information and Protection of Privacy Act, see Chapter 4, IPC Guide to FOIP at p. 142. 364 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 172. 365 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 172. 366 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 172.
RkJQdWJsaXNoZXIy MTgwMjYzOA==