Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 121 A procedure is an established or official way of doing something; a series of actions conducted in a certain order or manner.445 Criteria are standards, rules, or tests on which a judgement or decision can be based or compared; a reference point against which other things can be evaluated.446 Instructions are directions or orders.447 a. Developed for the purpose of contractual or other negotiations Developed means to start to exist, experience or possess.448 Use of the word “developed” suggests the Legislature’s intention was for the provision to include information generated in the process leading up to the contractual or other negotiations (for example, draft versions).449 For the purpose of means intention; the immediate or initial purpose of something.450 A negotiation is a consensual bargaining process in which the parties attempt to reach agreement on a disputed or potentially disputed matter. It can also be defined as dealings conducted between two or more parties for the purpose of reaching an understanding.451 It connotes a more robust relationship than “consultation”. It signifies a measure of bargaining power and a process of back-and-forth, give-and-take discussion.452 445 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1139 (Oxford University Press). 446 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 473. 447 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 734 (Oxford University Press). 448 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 391 (Oxford University Press). 449 Ontario (Ministry of Northern Development and Mines) v. Mitchinson, 2004 CanLII 15009 (ON SCDC) at [56]. Justice Dunnet found that inclusion of this word changed the meaning in the federal and British Columbia legislation compared to Ontario’s FOIP legislation that did not include this word for the advice/recommendations provision. 450 Gardner, J., and Gardner K. (2016) Sanagan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 2, C to H, at p. F-133. 451 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 1248 and 1249. Relied on in SK OIPC Review Report 112-2018 at [37]. 452 Gordon v. Canada (Attorney General), 2016 ONCA 625 (CanLII) at [107]. Relied on in SK OIPC Review Report 112-2018 at [37].
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