Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 133 Subsection 16(1)(e) 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: … (e) information, including the proposed plans, policies or projects of a local authority, the disclosure of which could reasonably be expected to result in disclosure of a pending policy or budgetary decision. Subsection 16(1)(e) 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 information, including the proposed plans, policies or projects of a local authority, the disclosure of which could reasonably be expected to result in disclosure of a pending policy or budgetary decision. The provision allows local authorities to prevent premature disclosure of a policy or budgetary decision. Once a policy or budgetary decision has been taken and is being implemented, the information can no longer be withheld under this exemption. A decision has been implemented once those expected to carry out the activity have been authorized and instructed to do so.476 The following two-part test can be applied: 1. Is it information of the local authority? The local authority must demonstrate that the information is of the local authority in order for the exemption to apply. Information means facts or knowledge provided or learned as a result of research or study.477 476 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, pp. 182 to 183. Alberta’s subsection 24(1)(g) is substantially similar to Saskatchewan’s provision. 477 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 727 (Oxford University Press). Cited in SK OIPC Review Report F-2006-002 at [45].
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