Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 112 information that cannot be withheld under section 16(1) of LA FOIP and which must be separated from advice, proposals, recommendations, analyses and/or policy options if those are being withheld. Where factual information is intertwined with advice or recommendations in a manner whereby no reasonable separation can be made, then the information is not factual material and can be withheld.415 The exemption does not generally apply to records or parts of records that in themselves reveal only the following: • That advice was sought or given; • That particular persons were involved in the seeking or giving of advice; or • That advice was sought or given on a particular topic or at a particular time.416 It also generally does not apply to process notes. Process notes are brief descriptions of next steps that result from a decision, or directions regarding who should attend meetings or review documents. Processes are established and simply followed and generally contain no advice or recommendations.417 If releasing this information reveals the substance of the advice, recommendations, proposals, analyses and/or policy options, the local authority can withhold this information.418 Where a review by the IPC occurs and this is the exception, the local authority should demonstrate how and why release of this type of information would reveal the substance of the advice, recommendations, proposals, analyses and/or policy options.419 Advice, proposals, recommendations, analyses, or policy options can be revealed in two ways: 1. The information itself consists of advice, proposals, recommendations, analyses, or policy options. 415 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-advice-recommendations. Accessed July 5, 2019. 416 Originated from AB IPC Review Report F2004-026 at [65] and [71]. Adopted in NWT IPC Review Report 17-163 at pp. 9 to 10. Adopted in SK OIPC Review Reports F-2012-004 at [27] to [30] and F2014-001 at [280]. 417 Saskatchewan (Ministry of Health) v West, 2022 SKCA 18 at [56]. See also SK OIPC Review Report 244-2018 at [40] and NS IPC Review Report 18-02 at [21]. 418 AB IPC Order F2004-026 at [65]. 419 “There may be cases where some of the foregoing items reveal the content of the advice. However, that must be demonstrated for every case for which it is claimed”. See AB IPC Order F2004-026 at [71].
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