Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 123 The negotiations must be conducted by the local authority or on behalf of the local authority. On behalf of means “for the benefit of”.457 A person does something “on behalf of” another, when he or she does the thing in the interest of, or as a representative of, the other person.458 2. Or does the record contain considerations that relate to those negotiations? Subsection 16(1)(c) of LA FOIP extends its protection beyond the positions, plans, procedures, criteria or instructions to considerations that relate to the negotiations. A consideration is a careful thought; a fact taken into account when making a decision.459 Thus, a record identifying the facts and circumstances connected to positions, plans, procedures, criteria or instructions could also fall within the scope of this provision.460 Relate to should be given a plain but expansive meaning.461 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.462 “Relating to” requires some connection between the information and the negotiations.463 Examples of records or information that could fit under this part of the exemption could include the things considered by the local authority when formulating its positions, plans, procedures, criteria or instructions such as how another local authority or government institution approached similar negotiations. Such records may not have been developed by or on behalf of the local authority, but this is not a requirement for this part of the exemption. A local authority cannot rely on subsection 16(1)(c) 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) 457 Encon Group Inc. v. Capo Construction Inc., 2015 BCSC 786 (CanLII) at [34]. 458 Conibear v. Dahling, 2010 BCSC 985 (CanLII) at [34]. 459 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 304 (Oxford University Press) (Oxford University Press). Same definition used by Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-boardsecretariat/services/access-information-privacy/access-information/access-informationmanual.html#cha11_18. Accessed July 10, 2019. 460 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 10, 2019. 461 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 462 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. 463 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43].
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