Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 42 • The fact that the local authority requested the information be provided in a sealed envelope and/or outlined its confidentiality intentions prior to the information being provided.153 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.154 IPC Findings In Review Report F-2006-001, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act. An applicant had requested access to a copy of a fire investigation report for a fire that occurred in November 2002 at an apartment building in the City of Regina. The applicant also sought access to any remedial orders that were given to the building owners. The access request was made to Saskatchewan Corrections and Public Safety. The Commissioner found that the Regina Fire Department was an established department of the City of Regina which qualified as a local authority as defined under section 2 of LA FOIP. However, the Commissioner found that the records were not obtained in confidence from the Regina Fire Department. Section 14: Law Enforcement and Investigations Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: (a) prejudice, interfere with or adversely affect the detection, investigation, prevention or prosecution of an offence or the security of a centre of lawful detention; (a.1) prejudice, interfere with or adversely affect the detection, investigation or prevention of an act or omission that might constitute a terrorist activity as defined in the Criminal Code; (b) be injurious to the enforcement of: 153 SK OIPC Review Reports F-2006-002 at [56], F-2012-001/LA-2012-001 at [29], LA-2013-002 at [49], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Order 97-013 at [25]. 154 SK OIPC Review Report F-2012-001/LA-2012-001 at [43].

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