Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 116 A deliberation can occur when there is a discussion or consideration of the reasons for or against an action.426 It can refer to discussions conducted with a view towards making a decision.427 2. Do the consultations or deliberations involve officers or employees of the local authority? Involving means including.428 There is nothing in the exemption that limits the exemption to participation only of officers or employees of a local authority. Collaboration with others is consistent with the concept of consultation.429 Officers or employees of a local authority means an individual employed by a local authority and includes an individual retained under a contract to perform services for the local authority.430 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority should identify the individuals involved in the consultations or deliberations, include the job title of each, list organization affiliation and clarification as to each individuals’ role in the decision making process. The provision is not meant to protect the bare recitation of facts, without anything further.431 Factual material means a cohesive body of facts, which are distinct from the consultations or deliberations. It does not refer to isolated statements of fact, or to the analyses of the factual material. Factual material refers specifically to information that cannot be withheld under section 16(1) and which must be separated from consultations or deliberations if those are being withheld. Where factual information is intertwined with the consultations and/or Commissioner) v. Canada (Minister of the Environment), [2007] 3 FCR 125, 2006 FC 1235 (CanLII) at [65] and [66]. 426 AB IPC Order 96-006 at p. 10. Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 180. Adopted in SK OIPC Review Report F-2004-001 at [12]. 427 Originated from ON IPC Order M-184 at p. 3. Adopted in SK OIPC Review Report 187-2015 at [19]. 428 T1T2 Limited Partnership v. Canada, 1994 CanLII 7368 (ON SC) at p. 17. 429 Hande v University of Saskatchewan, QBG 1222 of 2018 May 21, 2019 at [49]. 430 Although not defined in LA FOIP, subsection 2(1)(b.1) of The Freedom of Information and Protection of Privacy Act, SS 1990-91, c F-22.01 defines the term for employees of a government institution. The definition for “employees of a local authority” has been modified from this definition. 431 Canada (Information Commissioner) v. Canada (Minister of the Environment), [2007] 3 FCR 125, 2006 FC 1235 (CanLII) at [67]. AB IPC Order 96-006 at p. 10.
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