Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 155 (i) developing methods of testing; or (ii) testing products for possible purchase. Subsection 17(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 positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of a local authority. It also covers considerations related to the negotiations. Examples of the type of information that could be covered by this exemption are the various positions developed by a local authority’s negotiators in relation to labour, financial and commercial contracts.555 Subsection 17(1)(e) of LA FOIP is worded the same as subsection 16(1)(c) of LA FOIP. Although the context of the larger provisions is different (advice from officials versus economic and other interests), the same definitions and test can be applied. The following two-part test can be applied: 1. Does the record contain positions, plans, procedures, criteria, instructions, or considerations that relate to the negotiations? A position is a point of view or attitude.556 An opinion, stand; a way of regarding situations or topics; an opinion that is held in opposition to another in an argument or dispute.557 A plan is a formulated and especially detailed method by which a thing is to be done; a design or scheme.558 A detailed proposal for doing or achieving something; an intention or decision about what one is going to do.559 555 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 181. 556 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1116 (Oxford University Press). 557 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed July 9, 2019. 558 Definition originated from ON IPC Order P-229 at p. 10, which drew the definition from the Concise Oxford Dictionary. Adopted in SK OIPC Review Report LA-2011-001 at [78]. Same definition used by the Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.18.5. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_18. Accessed July 9, 2019. 559 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1092 (Oxford University Press).
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