Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 41 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 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 another local authority. 2. Was the information obtained implicitly or explicitly in confidence? In confidence usually describes a situation of mutual trust in which private matters are relayed or reported. Information obtained in confidence means that the provider of the information has stipulated how the information can be disseminated.142 In order for confidence to be found, there must be an implicit or explicit agreement or understanding of confidentiality on the part of both local authorities at the time the information was obtained.143 The expectation of confidentiality must be reasonable and must have an objective basis.144 Whether the information is confidential will depend upon its content, its purposes and the circumstances in which it was compiled or communicated (Corporate Express Canada, Inc. v. The President and Vice Chancellor of Memorial University of Newfoundland, Gary Kachanoski, (2014)). 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]. 142 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 104; SK OIPC Review Reports F-2006-002 at [51], H-2008-002 at [73]; ON IPC Order MO-1896 at p. 8. 143 SK OIPC Review Reports F-2006-002 at [52], LA-2013-002 at [57]; ON IPC Order MO-1896 at p. 8. 144 SK OIPC Review Reports F-2012-001/LA-2012-001 at [32], LA-2013-002 at [49]; ON IPC Orders PO2273 at p. 7 and PO-2283 at p. 10.
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