Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 205 Relates to should be given a plain but expansive meaning.709 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.710 “Relating to” requires some connection between the information and public health, public safety or protection of the environment.711 Public health means the health of the community at large, the healthful or sanitary condition of the general body of people or the community collectively; especially the methods of maintaining the health of the community, as by preventative medicine an organized care for the sick.712 Public health refers to the well-being of the public at large. This may include physical, mental or emotional health.713 Public safety means the welfare and protection of the general public, usually expressed as a governmental responsibility.714 Protection of the environment refers to guarding or defending natural surroundings; i.e., plants and animals. For example, it may be necessary to disclose the information of an industrial plant that is discharging toxic wastes into a waterway.715 2. Could disclosure of the information reasonably be expected to be in the public interest? There must be a public interest in disclosure of the information, not a private interest. Public interest is not black and white; it is a matter of degree. There is always a balance to be struck.716 In determining if there is a public interest, the following can be considered:717 709 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 710 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. 711 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 712 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 864. 713 Government of Newfoundland and Labrador resource, Access to Information: Policy and Procedures Manual, October 2017 at p. 103. 714 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1488. 715 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 716 AB IPC Order 096-002 at p. 17. 717 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 20(2), (5), (6): Questions – Disclosure Authorized in Public Interest. Available at https://www.oicci.gc.ca/en/investigators-guide-interpreting-act/section-20256-questions-disclosure-authorizedpublic-interest. Accessed September 4, 2019.
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