Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 156 A procedure is an established or official way of doing something; a series of actions conducted in a certain order or manner.560 Criteria are standards, rules, or tests on which a judgement or decision can be based or compared; a reference point against which other things can be evaluated.561 Instructions are directions or orders.562 Subsection 17(1)(e) of LA FOIP extends its protection beyond positions, plans, procedures, criteria or instructions to “considerations that relate to those negotiations”. To qualify, the information must constitute considerations and they must relate to the negotiations. A consideration is a careful thought; a fact taken into account when making a decision.563 Thus, a record identifying the facts and circumstances connected to positions, plans, procedures, criteria or instructions could also fall within the scope of this provision.564 Relate to should be given a plain but expansive meaning.565 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.566 “Relating to” requires some connection between the information and the negotiations.567 2. Were the positions, plans, procedures, criteria, instructions, or considerations developed for the purpose of contractual or other negotiations by or on behalf of the local authority? Developed means to start to exist, experience or possess.568 560 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1139 (Oxford University Press). 561 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 473. 562 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 734 (Oxford University Press). 563 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 304 (Oxford University Press). Same definition used by 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-informationprivacy/access-information/access-information-manual.html#cha11_18. Accessed July 10, 2019. 564 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 10, 2019. 565 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 566 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. 567 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 568 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 391 (Oxford University Press).
RkJQdWJsaXNoZXIy MTgwMjYzOA==