Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 125 The provision protects as a class of record, plans that relate to the internal management of a local authority, for example, plans about the relocation or reorganization of the local authority or the management of personnel, and plans to abolish positions or programs.464 The following three-part test can be applied: 1. Does the record contain a plan(s)? A plan is a formulated and especially detailed method by which a thing is to be done; a design or scheme.465 A detailed proposal for doing or achieving something; an intention or decision about what one is going to do.466 2. Does the plan(s) relate to: i) The management of personnel? Management of personnel refers to all aspects of the management of human resources of a local authority that relate to the duties and responsibilities of employees. This includes staffing requirements, job classification, recruitment and selection, employee salary and benefits, hours, and conditions of work, leave management, performance review, training, separation and layoff. It also includes the management of personal service contracts (i.e., contracts of service) but not the management of consultant, professional or other independent contractor contracts (i.e., contracts for service).467 ii) The administration of the local authority? Administration of a local authority comprises all aspects of a local authority’s internal management, other than personnel management, that are necessary to support the delivery 464 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.6. 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. 465 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. 466 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1092 (Oxford University Press). 467 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 181. Similar definition in British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-economic-interests. Accessed July 17, 2019.

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