Advocacy Update: Navigating FOIPPA – Part One
Cabinet and local public body confidences
12 (1) The head of a public body must refuse to disclose to an applicant information that would reveal the substance of deliberations of the Executive Council or any of its committees, including any advice, recommendations, policy considerations or draft legislation or regulations submitted or prepared for submission to the Executive Council or any of its committees.
(2) Subsection (1) does not apply to
(a) information in a record that has been in existence for 15 or more years,
(b) information in a record of a decision made by the Executive Council or any of its committees on an appeal under an Act, or
(c) information in a record the purpose of which is to present background explanations or analysis to the Executive Council or any of its committees for its consideration in making a decision if
(i) the decision has been made public,
(ii) the decision has been implemented, or
(iii) 5 or more years have passed since the decision was made or considered.
(3) The head of a local public body may refuse to disclose to an applicant information that would reveal
(a) a draft of a resolution, bylaw or other legal instrument by which the local public body acts or a draft of a private Bill, or
(b) the substance of deliberations of a meeting of its elected officials or of its governing body or a committee of its governing body, if an Act or a regulation under this Act authorizes the holding of that meeting in the absence of the public.
(4) Subsection (3) does not apply if
(a) the draft of the resolution, bylaw, other legal instrument or private Bill or the subject matter of the deliberations has been considered in a meeting open to the public, or
(b) the information referred to in that subsection is in a record that has been in existence for 15 or more years.
(5) The Lieutenant Governor in Council by regulation may designate a committee for the purposes of this section.
(6) A committee may be designated under subsection (5) only if
(a) the Lieutenant Governor in Council considers that
(i) the deliberations of the committee relate to the deliberations of the Executive Council, and
(ii) the committee exercises functions of the Executive Council, and
(b) at least 1/3 of the members of the committee are members of the Executive Council.
Fortunately, we have resources like the Canadian Legal Information Institute with which to utilize in this process.
This link will bring you to the page where you can search through records that cite Section 12 as a reason for rejecting a FOIPPA request.