Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 35 The preceding factors are not a test but rather guidance on factors to consider. It is not an exhaustive list. Each case will require different supporting arguments. Simply labelling documents as “confidential” does not, on its own, make the documents confidential (i.e., confidentiality stamps or standard automatic confidentiality statements at the end of emails). It is just one factor that we consider when determining whether the information was explicitly supplied in confidence.112 3. Is there consent to disclose the information or has the information been made public? Subsection 13(1)(d) has a built-in exception. The information contained in the record can be disclosed if the government of a foreign jurisdictions or its institutions agrees to its disclosure or if it has made the information public. Consent in this context means there is an agreement, approval, or permission to disclose the information.113 Public in this context means the information in the record is open to view by the public.114 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).115 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.116 112 SK OIPC Review Report F-2012-001/LA-2012-001 at [43]. 113 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 380. 114 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]. 115 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 208. 116 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 164.
RkJQdWJsaXNoZXIy MTgwMjYzOA==