Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 120 objective might be necessary. Consultation might reasonably occur at such an early stage of decision-making that it equates to information gathering to better inform proposal-development. If the Legislature intended to exclude discussions with person that might not lead to decisions, it would have been a simple matter to include that notion in section 16. It did not. … [69] Those are valid and reasonable questions that reveal flaws in the Commissioner’s reasoning. Where consultations or deliberations occur that involve officers or employees of a local authority, a decision-maker need not be involved for communications and other records to be protected. 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 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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