Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 157 Use of the word “developed” suggests the Legislature’s intention was for the provision to include information generated in the process leading up to the contractual or other negotiations (for example, draft versions).569 Drafts and redrafts of positions, plans, procedures, criteria, instructions or considerations may be protected by the exemption. An official may engage in writing any number of drafts before communicating part or all of their content to another person. The nature of the deliberative process is to draft and redraft until the writer is sufficiently satisfied that they are prepared to communicate the results to someone else. All the information in those earlier drafts informs the end result even if the content of any one draft is not included in the final version.570 For the purpose of means intention; the immediate or initial purpose of something.571 The negotiations can be conducted by the local authority or on behalf of the local authority. On behalf of means “for the benefit of”.572 A person does something “on behalf of” another, when he or she does the thing in the interest of, or as a representative of, the other person.573 A negotiation is a consensual bargaining process in which the parties attempt to reach agreement on a disputed or potentially disputed matter. It can also be defined as dealings conducted between two or more parties for the purpose of reaching an understanding.574 It connotes a more robust relationship than “consultation”. It signifies a measure of bargaining power and a process of back-and-forth, give-and-take discussion.575 569 Ontario (Ministry of Northern Development and Mines) v. Mitchinson, 2004 CanLII 15009 (ON SCDC) at [56]. Justice Dunnet found that inclusion of this word changed the meaning in the federal and British Columbia legislation compared to Ontario’s FOIP legislation that did not include this word for the advice/recommendations provision. 570 John Doe v. Ontario (Finance), [2014] 2 SCR 3, 2014 SCC 36 (CanLII) at [48] to [51]. 571 Gardner, J., and Gardner K. (2016) Sangan’s Encyclopedia of Words and Phrases Legal Maxims, Canada, 5th Edition, Volume 2, C to H, at p. F-133. 572 Encon Group Inc. v. Capo Construction Inc., 2015 BCSC 786 (CanLII) at [34]. 573 Conibear v. Dahling, 2010 BCSC 985 (CanLII) at [34]. 574 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at pp. 1248 and 1249. Relied on in SK OIPC Review Report 112-2018 at [37]. 575 Gordon v. Canada (Attorney General), 2016 ONCA 625 (CanLII) at [107]. Relied on in SK OIPC Review Report 112-2018 at [37].
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