Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 46 Once a decision is made, the local authority should provide notification procedures as set out in section 36 of LA FOIP. The following three-part test can be applied: 1. Does the information relate to public health, public safety, or protection of the environment? Relates to should be given a plain but expansive meaning.115 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.116 “Relating to” requires some connection between the information and public health, public safety or protection of the environment.117 Public health means the health of the community at large, the healthful or sanitary condition of the general body of people or the community collectively; especially the methods of maintaining the health of the community, as by preventative medicine an organized care for the sick.118 Public health refers to the well-being of the public at large. This may include physical, mental or emotional health.119 Public safety means the welfare and protection of the general public, usually expressed as a governmental responsibility.120 Protection of the environment refers to guarding or defending natural surroundings; i.e., plants and animals. For example, it may be necessary to disclose the information of an industrial plant that is discharging toxic wastes into a waterway.121 2. Could disclosure of the information reasonably be expected to be in the public interest? 115 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 116 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. 117 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 118 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 864. 119 Government of Newfoundland and Labrador resource, Access to Information: Policy and Procedures Manual, October 2017 at p. 103. 120 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1488. 121 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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