Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 99 The names of attendees, the dates and times of the meeting, the date the minutes were adopted and signed and who certified the minutes as correct would generally not reveal the substance of deliberations. A local authority cannot rely on subsection 15(1)(b)(i) of LA FOIP if the records 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 128-2015, the Commissioner considered subsection 15(1)(b)(i) of LA FOIP. The Commissioner found that subsection 120(2)(b) of The Municipalities Act provided Council with the ability to hold a closed meeting. However, the Resort Village of Candle Lake did not provide adequate information to explain how release of the requested record, a 41 page Environmental and Carrying Capacity Study, would reveal the substance of deliberations, or allow the drawing of accurate inferences of the substance of deliberations. As such, the Commissioner found that subsection 15(1)(b)(i) of LA FOIP did not apply. In Review Report 112-2018 involving the Saskatoon Board of Police Commissioners (the Board), the Commissioner considered subsection 15(1)(b)(i) of LA FOIP. The Board applied subsection 15(1)(b)(i) of LA FOIP to the records relating to the recruitment of a new police chief. Upon review, the Commissioner found that the Board’s meeting minutes indicated that multiple meetings of the Board had taken place, that the records related to the recruitment of a police chief and that the meetings could be held in camera pursuant to subsection 27(1) of The Police Act, 1990. Although the Commissioner noted the Board did not provide arguments for the third part of the test, a review of the in camera meeting minutes indicated that if they were released, the release would reveal the agenda and substance of the deliberations that occurred at each of the meetings. The Commissioner ultimately found that the Board properly applied subsection 15(1)(b)(i) of LA FOIP to the records.
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