Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 109 advised.399 It includes suggestions for a course of action as well as the rationale or substance for a suggested course of action.400 A recommendation, whether express or inferable, is still a recommendation.401 A proposal is something offered for consideration or acceptance.402 Analyses (or analysis) is the detailed examination of the elements or structure of something; the process of separating something into its constituent elements.403 Policy options are lists of alternative courses of action to be accepted or rejected in relation to a decision that is to be made. They would include matters such as the public servant’s identification and consideration of alternative decisions that could be made. In other words, they constitute an evaluative analysis as opposed to objective information.404 Records containing policy options can take many forms. They might include the full range of policy options for a given decision, comprising all conceivable alternatives, or may only list a subset of alternatives that in the public servant’s opinion are most worthy of consideration. They can also include the advantages and disadvantages of each option. The list can also be less fulsome and still constitute policy options. For example, an official may prepare a list of all alternatives and await further instructions from the decision maker for which options should be considered in depth. Or, if the advantages and disadvantages of the policy options are either perceived as being obvious or have already been canvassed orally or in a prior draft, the policy options might appear without any additional explanation. As long as a list sets out alternative course of action relating to a decision to be made, it will constitute policy options.405 399 John Doe v. Ontario (Finance), [2014] 2 SCR 3, 2014 SCC 36 (CanLII) at [23]. Relied on by Justice Danyliuk in Britto v University of Saskatchewan, 2018 SKQB 92 at [77] and Justice Gabrielson in Hande v University of Saskatchewan, QBG 1222 of 2018 at [41]. 400 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 pp. 166 and 179. The SK OIPC relied on this definition for the first time in Review Report LA-2010-001 at [28]. Also relied on in SK OIPC Review Report F-2014-001 at [282]. The term “substance” was added to the definition following SK IPC Review Report 019-2017 at [21]. 401 John Doe v. Ontario (Finance), [2014] 2 SCR 3, 2014 SCC 36 (CanLII) at [24]. Relied on by Justice Danyliuk in Britto v University of Saskatchewan, 2018 SKQB 92 at [77] and Justice Gabrielson in Hande v University of Saskatchewan, QBG 1222 of 2018 at [41]. 402 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1474. 403 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 47 (Oxford University Press). 404 John Doe v. Ontario (Finance), [2014] 2 SCR 3, 2014 SCC 36 (CanLII) at [26]. Relied on by Justice Kalmakoff in Leo v Global Transportation Hub Authority, 2019 SKQB 150 at [30]. 405 John Doe v. Ontario (Finance), [2014] 2 SCR 3, 2014 SCC 36 (CanLII) at [27]. Relied on by Justice Kalmakoff in Leo v Global Transportation Hub Authority, 2019 SKQB 150 at [30].
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