Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 96 Subsection 15(1)(b)(i) Documents of a local authority 15(1) A head may refuse to give access to a record that: ... (b) discloses agendas or the substance of deliberations of meetings of a local authority if: (i) an Act authorizes holding the meetings in the absence of the public; … (2) Subject to section 29, a head shall not refuse to give access pursuant to subsection (1) to a record where the record has been in existence for more than 25 years. Subsection 15(1)(b)(i) of LA FOIP is a discretionary, class-based exemption. It permits refusal of access where a record may disclose agendas or the substance of deliberations of in camera meetings of a local authority. The exemption is intended to enable local authorities to debate contentious or sensitive issues freely and privately. A local authority seeking to rely on this exemption must establish that the local authority’s meeting in question was a properly constituted in camera meeting. Furthermore, provide information concerning when the in camera meeting was held and details of the subject matter or substance of the deliberations of the meeting. The following three-part test can be applied. All three parts of the test must be met. 1. Has a meeting of a local authority taken place? Meeting means an assembly or gathering at which the business of the local authority is considered. It includes both the meeting in its entirety and/or a portion of a meeting.367 The local authority should be able to identify the meeting that took place including the date, location, participants, purpose of the meeting etc. The meeting can be a meeting of the local authority’s council, one of its boards, commissions, other bodies or committees of the local authority. 2. Does a statute authorize the holding of the meeting in the absence of the public? 367 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 173.
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