Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 132 Subsection 16(2) Advice from officials 16(2) This section does not apply to a record that: (a) has been in existence for more than 25 years; (b) is an official record that contains a statement of the reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function; (c) is the result of product or environmental testing carried out by or for a local authority, unless the testing was conducted: (i) as a service to a person, a group of persons or an organization other than the local authority, and for a fee; or (ii) as preliminary or experimental tests for the purpose of: (A) developing methods of testing; or (B) testing products for possible purchase; (d) is a statistical survey; (e) is the result of background research of a scientific or technical nature undertaken in connection with the formulation of a policy proposal; or (f) is: (i) an instruction or guide-line issued to the officers or employees of a local authority; or (ii) a substantive rule or statement of policy that has been adopted by a government institution for the purpose of interpreting an Act, regulation, resolution or bylaw or administering a program or activity of the local authority. Subsection 16(2) of LA FOIP provides some specific cases where subsection 16(2) of LA FOIP does not apply. This includes a record that: (a) Has been in existence for more than 25 years; Any information contained within a record which has been in existence for 25 years or more cannot be withheld under subsection 16(1) of LA FOIP. Other exemptions may still apply to the information.487 487 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 183.
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