Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 150 Employee means an individual employed by a local authority and includes an individual retained under a contract to perform services for the local authority.541 Priority publication is the status of being earlier in time; precedence; the status of being first to publish.542 Local authorities should not assume that the deprivation with respect to priority publication is self-evident. The harm must be described in a precise and specific way in order to support the application of the provision. A local authority cannot rely on subsection 17(1)(c) of LA FOIP for a record that fits within the enumerated exclusions listed at subsection 17(2) of LA FOIP. Before applying subsection 17(1) of LA FOIP, local authorities should ensure that subsection 17(2) of LA FOIP does not apply to any of the records. Subsection 17(1)(d) Economic and other interests 17(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (d) information, the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of the local authority; … (2) A head shall not refuse, pursuant to subsection (1), to give access to a record that contains the results of product or environmental testing carried out by or for a local authority, unless the testing was conducted: (a) as a service to a person, a group of persons or an organization other than a local authority, and for a fee; or (b) as preliminary or experimental tests for the purpose of: (i) developing methods of testing; or (ii) testing products for possible purchase. 541 The Local Authority Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c L-27.1 at subsection 2(1)(b.1). 542 Adapted from Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1445.
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