Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 39 Subsection 13(2) Records from other governments 13(2) A head may refuse to give access to information contained in a record that was obtained in confidence, implicitly or explicitly, from another local authority or a similar body in another province or territory of Canada. Subsection 13(2) of LA FOIP is a discretionary class-based exemption. The provision permits refusal of access to information in a record where the information was obtained in confidence, implicitly or explicitly from another local authority or a similar body in another province or territory of Canada. The following two-part test can be applied: 1. Was the information obtained from a local authority or a similar body in another province or territory of Canada? For assistance the definition of a “local authority” is found in subsection 2(1)(f) of LA FOIP. Information means facts or knowledge provided or learned as a result of research or study.139 Obtained means to acquire in any way; to get possession of; to procure; or to get a hold of by effort.140 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 local authority or a similar body in another province or territory of Canada. 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.141 139 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 727, (Oxford University Press), Cited in SK OIPC Review Report F-2006-002 at [45]. 140 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-2006001 at [58] and [59]. Also, found in SK OIPC Review Report F-2006-002 at [39]. 141 Saskatchewan (Ministry of Health) v West, 2022 SKCA 18 at [46] and [47].
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