Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 119 IPC Findings In Review Report 011-2018, the applicant made an access request for certain emails regarding a tender. The Commissioner considered the City of Prince Albert’s reliance on subsection 16(1)(b) of LA FOIP to three emails. The Commissioner found that subsection 16(1)(b) of LA FOIP did not apply to the first email because it contained unit prices for two types of services, and not consultations or deliberations. The Commissioner also found subsection 16(1)(b) did not apply to the second email because it involved one employee forwarding an email from a third party to another employee. The Commissioner found that subsection 16(1)(b) of LA FOIP only applied to one sentence of the third email that contained a manager’s opinion on a tender; within the context of the tender. The Commissioner viewed this as a consideration or reason for or against selecting a particular bidder. Subsection 16(1)(c) Advice from officials 16(1) Subject to subsection (2), a head may refuse to give access to a record that could reasonably be expected to disclose: … (c) positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the local authority, or considerations that relate to those negotiations; Subsection 16(1)(c) of LA FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reasonably be expected to disclose positions, plans, procedures, criteria, or instructions developed for the purpose of contractual or other negotiations by or on behalf of a local authority. It also covers considerations related to those negotiations. Examples of the type of information that could be covered by this exemption are the various positions developed by a local authority’s negotiators in relation to labour, financial and commercial contracts.438 438 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 181.
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