Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 7 established by the Act. The limitations are set out in Part III of the Act which is entitled “Exemptions”. The exemptions define circumstances under which the head of a government or a local authority is required to refuse access to information contained in a record. Part IV of the Act, which is entitled “Protection of Privacy” deals with balancing the right of access to information with the protection of the interests of the individual in their own personal information.11 Class and Harm - Based Exemptions Exemptions under LA FOIP fall into two types – class-based and harm-based exemptions. Class-based Exemptions Class-based exemptions apply where the information falls within the class of information described in the exemption, and there is no reference to any consequence (or harm) that might result from the release of the information. Class-based exemptions presuppose that the information is inherently sensitive and that an injury or prejudice would automatically flow from release.12 Examples include section 13 of LA FOIP which protects records from other governments. For class-based exemptions, the local authority must show that the information in question falls within the class of records described in the exemption. Class-based exemptions in LA FOIP include: • Section 13; • Parts of section 14; • Section 15; • Section 16; • Parts of section 17; • Parts of section 18; and • Section 21. 11 Hande v University of Saskatchewan, QBG 1222 of 2018, May 21, 2019 at [15]. 12 Government of Canada, Department of Justice, Resource, Strengthening the Access to Information Act, https://www.justice.gc.ca/eng/rp-pr/csj-sjc/atip-aiprp/atia-lai/p5.html, accessed June 7, 2019.
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