Provisions of LAFOIP

What types of documents can be released to the public?

  • Any record not exempted under LAFOIP

What types of documents are exempted under LAFOIP and do not have to be released?

The exemptions to disclosure are set out in Part III of LAFOIP. They include:

  • Advice from board of education’s (board) solicitors, correspondence with solicitors, and other legal documents subject to solicitor-client privilege
  • Personal information about employees, students, officers etc.
    • Personal information does not include information about salary, benefits, employment responsibilities, travelling expenses, or financial details of a contract for services and these details can be released without employee permission.
    • Personal information does not include information relating to the terms or circumstances under which a person ceased to be an employee, including the terms of any settlement and can be released
  • Information obtained in confidence from governments or their agencies
  • Information that might interfere with an investigation
  • Information that might reveal security arrangements for vehicles, buildings, computer systems etc.
  • Draft of a resolution or bylaw
  • Agendas or the substance of closed sessions
  • Advice, recommendations, analysis or policy options developed by or for the board
    • This would include background papers, summaries of studies, reports from experts and research unless it is of a scientific or technical nature
    • This does not include most environmental testing so such test reports must be released if requested
  • Consultation or deliberations involving employees
  • Positions, plans, procedures, criteria, considerations or instruction for the purpose of contractual or other negotiations
  • Plans relating to the management of personnel or administration not yet implemented
  • Proposed plans, policies or projects if release could result in disclosure of a pending policy or budget decision
  • Testing procedures or techniques if details could prejudice results
  • Information that could reasonably be expected to disclose:
    • trade secrets
    • financial or commercial, scientific or technical information in which the board has a proprietary interest
    • information that could prejudice the economic interests of the board
    • research that could deprive an employee of priority of publication
    • information that could result in an undue benefit or loss to a person
  • Specific types of confidential information from a third party, being:
    • trade secrets of a third party
    • financial, commercial scientific technical or labour relation information
    • information that could result in financial loss or gain, or affect the competitive position or negotiation of a third party
    • statements of financial account to a third party regarding services provided by the board

The information provided in this document should not be regarded as legal advice. If you have questions about a specific fact situation please contact legal counsel.