Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 110 2. Was the advice, proposals, recommendations, analyses and/or policy options developed by or for the local authority? Developed by or for means the advice, proposals, recommendations, analyses and/or policy options must have been created either: 1) within the local authority, or 2) outside the local authority but for the local authority (for example, by a service provider or stakeholder).406 For information to be developed by or for a local authority, the person developing the information should be an official, officer or employee of the local authority, be contracted to perform services, be specifically engaged in an advisory role (even if not paid) or otherwise have a sufficient connection to the local authority.407 To put it another way, in order to be “developed by or for” the local authority, the advice, proposals, recommendations, analyses and/or policy options should: • Be either sought, be expected, or be part of the responsibility of the person who prepared the record. • Be prepared for the purpose of doing something, for example, taking an action or making a decision. • Involve or be intended for someone who can take or implement the action.408 General feedback or input from stakeholders or members of the public would not normally qualify, as they are not sufficiently engaged in an advisory role. For example, general stakeholders and members of the public responding to a survey or poll would not qualify as they have simply been asked to provide their own comments and have developed nothing on behalf of the local authority. However, where a local authority asks a specific stakeholder – who has a particular knowledge, expertise or interest in relation to a topic – to provide advice, proposals, recommendations, analyses or policy options for it, it would be specifically 406 AB IPC Order 2000-021 at [35]. British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-forgovernment/policies-procedures/foippa-manual/policy-advice-recommendations. Accessed July 7, 2019. 407 AB IPC Order F2008-008 at [41] to [42]. Adopted in SK OIPC Review Reports LA-2010-001 at [30] to [31]. 408 Criteria originated from AB IPC Order 96-006 at pp. 9 and 10 for Alberta’s equivalent provision. Alberta’s subsection 23(1)(a) is substantially similar to Saskatchewan’s subsection 16(1)(a). Criteria were adopted in SK OIPC Review Reports F-2010-001 at [81] and LA-2010-001 at [28] for subsections 17(1)(a) of The Freedom of Information and Protection of Privacy Act and 16(1)(a) of LA FOIP.
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