Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 53 An Act of Parliament of Canada or a regulation encompasses all Acts enacted by the Parliament of Canada together with any regulations issued thereunder.194 A resolution means a formal expression of opinion or will of an official body or public assembly, adopted by a vote of those present. The term is usually employed to denote the adoption of a motion such as an expression of opinion, a change to rules or a vote of support or censure.195 A bylaw means a rule adopted by a local public body with bylaw-making powers, such as a municipal council.196 2. Could release of the record injure enforcement of the Act, regulation, resolution, or bylaw? Section 14 of LA FOIP uses the word could versus “could reasonably be expected to” as seen in other provisions of LA FOIP. The threshold for could is somewhat lower than a reasonable expectation. The requirement for could is simply that the release of the information could have the specified result. There would still have to be a basis for asserting the harm could occur. If it is fanciful or exceedingly remote, the exemption should not be invoked.197 For this provision to apply there must be objective grounds for believing that disclosing the information could result in the harm alleged. Injury implies damage or detriment.198 When there is a review by the IPC, the local authority is invited to provide a submission (arguments). The local authority should describe the harm in detail to support the application 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)(b) of LA FOIP for a record that: 194 Office of the Information Commissioner of Canada, Investigator’s Guide to Interpreting the ATIA, https://www.oic-ci.gc.ca/en/investigators-guide-interpreting-act/section-16-law-enforcementinvestigations-security, accessed on June 14, 2019. Definition relied on in SK OIPC Review Report F2014-001 at [127]. 195 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 172. See also SK OIPC Review Report 019-2014 at [82]. 196 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 172. See also SK OIPC Review Report 019-2014 at [83]. 197 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 198 Adapted from definition of ‘harm’ in Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 148.
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