Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 115 The following two-part test can be applied: 1. Does the record contain consultations or deliberations? Consultation means: • The act of consulting or taking counsel together: deliberation, conference. • A conference in which the parties consult and deliberate.422 A consultation can occur when the views of one or more officers or employees of a local authority are sought as to the appropriateness of a particular proposal or suggested action.423 It can include consultations about prospective future actions and outcomes in response to a developing situation. It can also include past courses of action. For example, where an employer is considering what to do with an employee in the future, what has been done in the past can be summarized and would qualify as part of the consultation or deliberation.424 Deliberation means: • The act of deliberating (to deliberate: to weigh in mind; to consider carefully with a view to a decision; to think over); careful consideration with a view to a decision. • The consideration and discussions of the reasons for and against a measure by a number of councillors.425 422 Canada (Information Commissioner) v. Toronto Port Authority, 2016 FC 683 (CanLII) at [85]. The Federal Court of Canada relied on the definitions found in the Treasury Board Secretariat’s Access to Information Manual, which were based on the ordinary meaning of these words. The manual can be found at https://www.canada.ca/en/treasury-board-secretariat/services/access-informationprivacy/access-information/access-information-manual.html#cha11. Definition consistent with The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 409. Similar definition used in R. v. McDonald, 2003 NSPC 34 (CanLII) at p. 3 and Canada (Information Commissioner) v. Canada (Minister of the Environment), [2007] 3 FCR 125, 2006 FC 1235 (CanLII) at [65] and [66]. 423 Definition originated from AB IPC Orders 96-006 at p. 10 and F2003-016 at [20]. Adopted by SK OIPC in Review Report F-2004-001 at [11] and [12]. 424 Britto v University of Saskatchewan, 2018 SKQB 92 at [88] to [89] and Hande v University of Saskatchewan, QBG 1222 of 2018 May 21, 2019 at [48] and [49]. 425 Canada (Information Commissioner) v. Toronto Port Authority, 2016 FC 683 (CanLII) at [85]. The Federal Court of Canada relied on the definitions found in the Treasury Board Secretariat’s Access to Information Manual which were based on the ordinary meaning of these words. The manual can be found at https://www.canada.ca/en/treasury-board-secretariat/services/access-informationprivacy/access-information/access-information-manual.html#cha11. Definition consistent with The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 409. Similar definition used in R. v. McDonald, 2003 NSPC 34 (CanLII) at p. 3 and Canada (Information
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