Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 135 activities might be carried out in connection with a particular object, as integrally related activities, without being carried out for the purpose of that object.499 (f) Is: (i) An instruction or guideline issued to the officers or employees of a local authority; Information used by officials in interpreting legislation, regulations or policy cannot be withheld under subsection 16(1). Generally, an official or employee in a position to provide interpretation or policy direction will have issued the instruction or guideline.500 (ii) A substantive rule or statement of policy that has been adopted by a local authority for the purpose of interpreting an Act, regulation, resolution or bylaw or administering a program or activity of a local authority. Basic interpretations of the law, regulations, and policy under which a local authority operates its programs and activities cannot be withheld under subsection 16(1). The public should have access to any manual, handbook or other guideline used in the decision-making processes that affect the public.501 Subsection 16(3) Advice from officials 16(3) A head may refuse to give access to any report, statement, memorandum, recommendation, document, information, data or record, within the meaning of section 10 of The Evidence Act, that, pursuant to that section, is not admissible as evidence in any legal proceeding. Subsection 16(3) of LA FOIP is a discretionary class-based exemption. It permits refusal of access to any report, statement, memorandum, recommendation, document, information, data or record, within the meaning of section 10 of The Evidence Act that is not admissible as evidence in any legal proceeding. Section 10 of The Evidence Act pertains to evidence given before quality improvement committees. 499 Re Kitchener-Waterloo Real Estate Board Inc. and Regional Assessment Commissioner, Region No. 21 et al., 1986 CanLII 2660 (ON SC) at p. 8. 500 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 185. 501 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 186.

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