Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 22 Subsection 13(1)(b) of LA FOIP is a mandatory class-based exemption. It mandates refusal of access to information in a record where the information was obtained in confidence, implicitly or explicitly from the Government of Saskatchewan or a government institution unless there is consent to release or the information was made public. It includes the agencies, Crown corporations and other institutions of the Government of Saskatchewan. The following three-part test can be applied: 1. Was the information obtained from the Government of Saskatchewan or its agencies, Crown corporations or other institutions? Obtained means to acquire in any way; to get possession of; to procure; or to get a hold of by effort.53 A local authority could obtain information either intentionally or unintentionally. It can also include information that was received indirectly provided its original source was the Government of Saskatchewan. However, to obtain information suggests that the local authority did not create it. Regardless, the provision is not so much driven by the source of the record to which access is sought as it is by the confidential nature and source of the information it contains. As such, authorship (or who created the record) is irrelevant.54 Section 13 of LA FOIP uses the term “information contained in a record” rather than “a record” like other exemptions. Therefore, the exemption can include information within a record that was authored by the local authority provided the information at issue was obtained from the Government of Saskatchewan. Information means facts or knowledge provided or learned as a result of research or study.55 53 Originated from Campbell Black, Henry, 1990. Black’s Law Dictionary, 6th Edition. St. Paul, Minn.: West Group. Adopted by AB IPC in Order 2000-021 at [26]. Adopted in SK OIPC Review Report F-2006-001 at [58] and [59]. Also, found in SK OIPC Review Report F-2006-002 at [39]. 54 Saskatchewan (Ministry of Health) v West, 2022 SKCA 18 at [46] and [47]. 55 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 727, (Oxford University Press), Cited in Review Report F-2006-002 at [45].
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