Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 154 • Would it otherwise interfere with negotiations. How. • Is the information current. How old is the information. • Does it relate to events prior to the negotiations. • Does the other side of the negotiations already have this information. If not, have they asked for it. • Is the information commonly known in the industry. • Is the information reasonably available elsewhere. If so, how would disclosure interfere with negotiations.554 Examples of information to which this exemption may apply include negotiating positions, options, instructions, pricing criteria and points used in negotiations. A local authority cannot rely on subsection 17(1)(d) 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)(e) Economic and other interests 17(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (e) positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the local authority, or considerations that relate to those negotiations; … (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: 554 Information Commissioner of Canada, Investigator’s Guide to Interpreting the Act, Section 20(1)(c)&(d): Questions, available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-201cd-questions. Accessed July 19, 2019.
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