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. 93 Examples of statistical law enforcement reports include information on the success of programs such as “Crime Stoppers”, statistics on safety inspections and reports on matters such as reducing car thefts. Section 15: Documents of a Local Authority Documents of a local authority 15(1) A head may refuse to give access to a record that: (a) contains a draft of a resolution or bylaw; or (b) discloses agendas or the substance of deliberations of meetings of a local authority if: (i) an Act authorizes holding the meetings in the absence of the public; or (ii) the matters discussed at the meetings are of such a nature that access to the records could be refused pursuant to this Part or Part IV. (2) Subject to section 29, a head shall not refuse to give access pursuant to subsection (1) to a record where the record has been in existence for more than 25 years. Subsection 15(1) of LA FOIP is a discretionary, class-based provision. It permits refusal of access in situations where release of a record could disclose a draft of a resolution or bylaw or agendas or the substance of deliberations of meetings of the local authority where an Act authorizes the meetings to be held in camera or the matters discussed involve information that could be withheld under Part III of LA FOIP or Part IV (i.e., involves personal information). Subsection 15(1)(a) Documents of a local authority 15(1) A head may refuse to give access to a record that: (a) contains a draft of a resolution or bylaw; … (2) Subject to section 29, a head shall not refuse to give access pursuant to subsection (1) to a record where the record has been in existence for more than 25 years. Subsection 15(1)(a) of LA FOIP is a discretionary, class-based exemption. It permits refusal of access in situations where release of a record could disclose a draft of a resolution or bylaw.

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