Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 123 subsection 16(1)(b) of LA FOIP is concerned with the situation where advice is sought or considered.438 A local authority cannot rely on subsection 16(1)(b) of LA FOIP for a record that fits within the enumerated exclusions listed at subsection 16(2) of LA FOIP. Before applying subsection 16(1) of LA FOIP, local authorities should ensure that subsection 16(2) of LA FOIP does not apply to any of the records. 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. In Tarasoff v Saskatoon (City), 2025 SKKB 41 at paragraphs [63] to [72]. The Commissioner erred in interpreting this exemption as requiring a decision-making component. Nothing in the entirety of section 16(1)(b) requires that consultations or deliberations involve a decision or a decision-making process before there can be an exemption from disclosure. In interpreting this section of the legislation, the focus should not be on the party that did the work or for whom. Rather, it is sufficient if officers or employees of the local authority are involved in the consultations and deliberations. The City officials and City employees were involved in all the consultations and deliberations at issue. 438 SK OIPC Review Report 119-2022 at [23] to [24].
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