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| Location: Alberta Government Home > FOIP Home > Legislation > FOIP Act > Section 24 - Advice from officials | |||||||||||||||
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Print Version
Section 24 - Advice from officials
24(1) The head of a public body may refuse to disclose information to an applicant if the disclosure could reasonably be expected to reveal
(b) consultations or deliberations involving (i) officers or employees of a public body, (ii) a member of the Executive Council, or (iii) the staff of a member of the Executive Council, (c) positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the Government of Alberta or a public body, or considerations that relate to those negotiations, (d) plans relating to the management of personnel or the administration of a public body that have not yet been implemented, (e) the contents of draft legislation, regulations and orders of members of the Executive Council or the Lieutenant Governor in Council, (f) the contents of agendas or minutes of meetings (i) of the governing body of an agency, board, commission, corporation, office or other body that is designated as a public body in the regulations, or (ii) of a committee of a governing body referred to in subclause (i), (g) information, including the proposed plans, policies or projects of a public body, the disclosure of which could reasonably be expected to result in disclosure of a pending policy or budgetary decision, or (h) the contents of a formal research or audit report that in the opinion of the head of the public body is incomplete unless no progress has been made on the report for at least 3 years. (2) This section does not apply to information that (a) has been in existence for 15 years or more, (b) is a statement of the reasons for a decision that is made in the exercise of a discretionary power or an adjudicative function, (c) is the result of product or environmental testing carried out by or for a public body, that is complete or on which no progress has been made for at least 3 years, unless the testing was done(i) for a fee as a service to a person other than a public body, or (ii) for the purpose of developing methods of testing or testing products for possible purchase, (d) is a statistical survey, (e) is the result of background research of a scientific or technical nature undertaken in connection with the formulation of a policy proposal, that is complete or on which no progress has been made for at least 3 years, (f) is an instruction or guideline issued to the officers or employees of a public body, or (g) is a substantive rule or statement of policy that has been adopted by a public body for the purpose of interpreting an Act or regulation or administering a program or activity of the public body.
(2.2) Subsection (2.1) does not apply to a record or information described in that subsection
(3) In this section, "audit" means a financial or other formal and systematic examination or review of a program, portion of a program or activity. 1994 cF-18.5 s23;1999 c23 s14;2006 c17 s5
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