Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 43 Explicitly means that the request for confidentiality has been clearly expressed, distinctly stated, or made definite. There may be documentary evidence that shows that the information was obtained with the understanding that it would be kept confidential.151 Factors to consider when determining if information was obtained in confidence explicitly include (not exhaustive): • The existence of an express condition of confidentiality between the local authorities.152 • 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. 151 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, pp. 104 to 105. 152 SK OIPC Review Reports F-2006-002 at [56], LA-2013-003 at [113], F-2014-002 at [47]; PEI IPC Order 03-006 at p. 5; AB IPC Orders 97-013 at [23] to [24] and 2001-008 at [54]. 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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