Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 128 A consideration is a careful thought; a fact taken into account when making a decision.460 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.461 Relate to should be given a plain but expansive meaning.462 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.463 “Relating to” requires some connection between the information and the negotiations.464 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) 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 258-2016, the Commissioner an access request made by an applicant to the former Kelsey Trail Regional Health Authority (KTHR) for copies of all allegations by KTHR employees regarding the applicant’s return to work and all correspondence between specific departments and staff where the applicant was mentioned. KTHR responded to the applicant indicating that access was partially granted to some records but was withheld for others citing several subsections including subsection 16(1)(c) of LA FOIP. The record at issue for 460 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. 461 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. 462 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 463 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. 464 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43].
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