Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 1 Overview This Chapter explains the various exemptions that a local authority may rely on to deny access to records or information to an applicant who has made an access to information request. For more on making an access to information request, see the Guide to LA FOIP, Chapter 3, “Access to Records.” What follows is non-binding guidance. Every matter should be considered on a case-by-case basis. This guidance is not intended to be an exhaustive authority on the interpretation of these exemptions. Local authorities may wish to seek legal advice when deciding on exemptions to apply. Local authorities should keep section 51 of LA FOIP in mind. Section 51 places the burden of proof for establishing that access to a record may or must be refused on the local authority. For more on the burden of proof, see the Guide to LA FOIP, Chapter 2, “Administration of LA FOIP.” This is a guide. This chapter covers: • Interpretation of Exemptions. • Class and Harm Based Exemptions. • Mandatory and Discretionary Exemptions. • Exercise of Discretion. • Public Interest Overrides. • Guidance on each of the exemptions in Part III of LA FOIP. The tests, criteria and interpretations established in this Chapter reflect the precedents set by the current and/or former Information and Privacy Commissioners in Saskatchewan through the issuing of Review Reports. Court decisions from Saskatchewan affecting The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) will be followed. Where this office has not previously considered a section of LA FOIP, the Commissioner looked to other jurisdictions for guidance. This includes other Information and Privacy Commissioners’ Orders, Reports and/or other relevant resources. In addition, court decisions from across the country are relied upon where appropriate. This Chapter will be updated regularly to reflect any changes in precedent. This office will update the footer to reflect the last update. Using the electronic version directly from our website will ensure you are always using the most current version.
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