Office of the Saskatchewan Information and Privacy Commissioner. A Guide to Submissions. Effective Sept. 2020. Updated Dec. 2022. 18 important for public bodies/trustees claiming an exemption(s) to address each component of these requirements. For every exemption claimed, consider the following: • Have you clearly identified the record or parts of the record at issue. • Have you identified the exemptions that apply to each part of the record, which has been withheld from disclosure. • Have you reviewed previous reports by the Commissioner’s office and relevant court decisions to determine how the exemption has been interpreted in the past. Where an exemption is discretionary: • Have you considered whether the public body/trustee should rely on this exemption in the particular circumstances. • If so, have you explained the basis for the head’s exercise of discretion. Where an exemption requires proof that a particular consequence would result from disclosure of the record (i.e., threatens the safety, physical or mental health of an individual): • Have you identified the consequences in detail. • Have you provided detailed and convincing evidence establishing a reasonable expectation of harm contemplated by the particular exemption. Where an exemption requires proof that a record was prepared for a particular purpose (i.e. cabinet confidence, solicitor client): • Have you provided facts to support your claim. • Have you identified the facts which apply to each component of the exemption. Where proof is required that a record or ‘information’ was supplied or received implicitly or explicitly in confidence: • Have you provided details of the circumstances in which the record or information was supplied or received. • Have you provided evidence of the expectation of confidentiality and shown that this expectation was reasonable. Where proof is required that information in a record is the type of information listed in the exemption or that it contains certain types of information (i.e., advice, recommendations, scientific, financial, or commercial information): • Have you identified the particular type of information in the record. • Have you provided reasons why the information fits into this category.
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