Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 30 Public in this context means the information in the record is open to view by the public.92 Released to the public means made available to the public at large either through active dissemination channels or through provision of the information at specific locations (e.g., public libraries, posted on a website).93 Consultation with the other party or parties from which the information was obtained should take place to determine if either consent will be given or if the information has or will be made public.94 Subsection 13(1)(d) Records from other governments 13(1) A head shall refuse to give access to information contained in a record that was obtained in confidence, implicitly or explicitly, from: … (d) the government of a foreign jurisdictions or its institutions; unless the government or institution from which the information was obtained consents to the disclosure or makes the information public. Subsection 13(1)(d) of LA FOIP is a mandatory class-based exemption. It permits refusal of access to information in a record where the information was obtained in confidence, implicitly or explicitly from a foreign jurisdiction or its institutions, unless there is consent to release or the information was made public. The following three-part test can be applied: 1. Was the information obtained from the government of a foreign jurisdiction? A foreign jurisdiction refers to a government or its institutions of any foreign nation or state outside of Canada.95 92 Adapted from Garner, Bryan A., 2004. Black’s Law Dictionary, 8th Edition. St. Paul, Minn.: West Group at p. 1301. Relied on in part in Germain v. Automobile Injury Appeal Commission, 2009 SKQB 106 (CanLII) at [69] and [72], cited in part in Investigation Report LA-2012-001 at [14] to [17]. 93 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 208. 94 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 164. 95 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 162.
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