Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 100 Subsection 15(1)(b)(ii) 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: … (ii) the matters discussed at the meetings are of such a nature that access to the records could be refused pursuant to this part or Part IV. (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)(ii) of LA FOIP is a discretionary, class-based exemption. This provision is meant to protect the agendas and/or the substance of deliberations of meetings of a local authority where the nature of the information discussed is subject to another exemption under Part III of LA FOIP or is personal information subject to privacy protections under Part IV. For example, a complaint sent to a local authority could contain the personal information of an individual as defined by subsection 23(1) of LA FOIP (Part IV). The local authority may need to meet to discuss the complaint. The fact that the individual and their complaint are discussed at the council meeting or that it was on the agenda could reveal personal information which is information that could be withheld pursuant to subsection 28(1) of LA FOIP (Part IV). In addition, the outcome of the meeting could be considered part of the substance of the deliberations and, therefore, could also be captured by the exemption. This example only applies where the personal information is not the personal information of the applicant seeking the records. If it is the applicant’s personal information, section 30 of LA FOIP should be considered. The following two-part test can be applied. Both parts of the test must be met. 1. Would the records disclose an agenda or substance of the deliberations of meetings of a local authority?
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