Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 126 of programs and services. Administration includes business planning, financial operations, and contract, property, information and risk management.468 Relate to should be given a plain but expansive meaning.469 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.470 “Relating to” requires some connection between the information and the management of personnel or the administration of a local authority.471 3. Has the plan(s) been implemented by the local authority? Implementation means the point when the implementation of a decision begins. For example, if a local authority decides to go forward with an internal budget cut or restructuring of departments, implementation commences when this plan of action is communicated to its organizational units.472 In order for the third part of the test to be met, the plan(s) cannot yet have been implemented. However, it is not necessary for the implementation activities to have been completed.473 Yet means at some time in the future, in the remaining time available, before all is over.474 Subsection 16(1) of LA FOIP includes the requirement that access can be refused where it “could reasonably be expected to disclose” the protected information listed in the exemptions. The meaning of the phrase “could reasonably be expected to” in terms of harm-based exemptions was considered by the Supreme Court of Canada in Ontario (Community Safety and Correctional Service) v. Ontario (Information and Privacy Commissioner), (2014). Although 468 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. 469 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 470 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. 471 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 472 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 181. 473 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. 474 Shorter Oxford English Dictionary on Historical Principles, 6th Edition, Volume 2. N-Z, (Oxford University Press) at p. 3693. Definition first used in SK OIPC Review Report 166-2018 at [29].
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