Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 129 subsection 16(1)(c) of LA FOIP was an email. KTHR asserted the information severed in the email constituted “plans” and “instructions” developed for the purpose of negotiations regarding the applicant’s return-to-work. Upon review, the Commissioner found that subsection 16(1)(c) of LA FOIP was intended to capture negotiations involving a local authority and an outside party. It did not include internal negotiations with employees. In arriving at this finding, the Commissioner relied on similar interpretations by federal counterparts (see paragraph [48]). Subsection 16(1)(d) Advice from officials 16(1) Subject to subsection (2), a head may refuse to give access to a record that could reasonably be expected to disclose: … (d) plans that relate to the management of personnel or the administration of a local authority and that have not yet been implemented; Subsection 16(1)(d) of LA FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reasonably be expected to disclose plans that relate to the management of personnel or the administration of a local authority which have not yet been implemented. 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.465 The following three-part test can be applied: 465 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.
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