Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 133 (b) Is an official record containing a statement of the reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function; This provision makes it clear that subsection 16(1) of LA FOIP cannot be used to withhold formal judgments, including reasons for reaching those judgments. The provision applies when the decision has already been made and is not merely contemplated.488 Reasons for decision means the motive, rationale, justification, or facts leading to a decision.489 Exercise of discretionary power refers to making a decision that cannot be determined to be right or wrong in an objective sense.490 Adjudicative function means a function conferred upon an administrative tribunal, board or other non-judicial body or individual that has the power to hear and rule on issues involving the rights of people and organizations. Examples would be a school board hearing an appeal under Part V of The Education Act, 1995, or a hearing by a review board.491 Reasons for decisions of this type cannot be withheld under subsection 16(1) of LA FOIP despite the fact that the decisions may contain advice or recommendations prepared by or for a local authority.492 (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 a 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. Examples include test results of commercial products and soil testing. Subsection 16(1) of LA FOIP may apply if the testing was done for the purpose of developing methods of testing, for example, the development of a new methodology for recycling tires. It also covers test results 488 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 184. 489 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 184. 490 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 184. 491 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 184. 492 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 184.
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