Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 50 of the provision. Local authorities should not assume that the harm is self-evident on the face of the records. A local authority cannot rely on subsection 14(1)(a.1) of LA FOIP for a record that: a) Provides a general outline of the structure or programs of a law enforcement agency; or b) Reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program (see subsection 14(2) of LA FOIP). Subsection 14(1)(b) Law enforcement and investigations 14(1) A head may refuse to give access to a record, the release of which could: … (b) be injurious to the enforcement of: (i) an Act or a regulation; or (ii) an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada; or (iii) a resolution or bylaw; … (2) Subsection (1) does not apply to a record that: (a) provides a general outline of the structure or programs of a law enforcement agency; or (b) reports, by means of statistical analysis or otherwise, on the degree of success achieved in a law enforcement program. Subsection 14(1)(b) of LA FOIP is a discretionary harm-based exemption. It permits refusal of access in situations where release of a record could be injurious to the enforcement of an Act or regulation provincially or federally or a resolution or bylaw. The following two-part test can be applied: 1. Which Act, regulation, resolution or bylaw is being enforced?
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