Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 120 Subsection 16(1)(c) of LA FOIP protects as a class the strategies and tactics employed or contemplated by local authorities for the purpose of negotiations. Such information can be protected from disclosure even after the negotiations have been completed.439 The following test can be applied:440 1. Does the record contain positions, plans, procedures, criteria or instructions? a. Developed for the purpose of contractual or other negotiations b. By or on behalf of the local authority 2. Or does the record contain considerations that relate to those negotiations? The requirements for each part of the test are broken down below. 1. Does the record contain positions, plans, procedures, criteria, or instructions? A position is a point of view or attitude.441 An opinion; stand; a way of regarding situations or topics; an opinion that is held in opposition to another in an argument or dispute.442 A plan is a formulated and especially detailed method by which a thing is to be done; a design or scheme.443 A detailed proposal for doing or achieving something; an intention or decision about what one is going to do.444 439 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed May 9, 2023. 440 May 2023 SK OIPC changed its test. Similar provisions exist in legislation in Manitoba, Alberta, Northwest Territories, Nunavut, New Brunswick, Prince Edward Island and Newfound and Labrador. The SK OIPC test aligns with AB IPC’s test for its similarly worded provision. See AB IPC Order 99-013 at [41]. NWT IPC also relied on AB IPC test in Order 99-013 in Review Report 06-057 at p. 10. 441 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1116 (Oxford University Press). 442 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed July 9, 2019. 443 Definition originated from ON IPC Order P-229 at p. 10, which drew the definition from the Concise Oxford Dictionary. Adopted in SK OIPC Review Report LA-2011-001 at [78]. Same definition used by the Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed July 9, 2019. 444 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1092 (Oxford University Press).
RkJQdWJsaXNoZXIy MTgwMjYzOA==