Guide to FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 162 (B) Testing products for possible purchase. Examples include test results of commercial products and soil testing. Subsection 17(1) of FOIP may apply if the testing was done for the purpose of developing methods of testing, for example, the development of a new methodology for recycling tires. It also covers test results where testing was done by a government institution in order to determine whether or not to purchase a product.595 (d) Is a statistical survey; Statistical survey refers to a specific study of a condition, situation or program, by means of data collection and analysis.596 Where a statistical survey appears with information that can be withheld under subsection 17(1) of FOIP, the exempted information should be severed, and the statistical survey released unless another exemption applies.597 An example of a statistical survey would be a study of growth rates in various forested areas of northern Saskatchewan. Such a study could not be withheld under subsection 17(1) of FOIP even though it may be part of a larger document dealing with reform of forestry law, regulation, or policy.598 (e) Is the result of background research of a scientific or technical nature undertaken in connection with the formulation of a policy proposal; or Background research encompasses a wide range of study, review and fieldwork aimed at analyzing and presenting an overview of issues.599 Subsection 17(2) of FOIP applies to research that is scientific (conducted according to the principles of objective research) or technical (based on a particular technique or craft) and directed toward policy formulation. For information to be considered background research under this provision, it must be connected with the development of some specific policy. This 595 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 184. 596 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-advice-recommendations. Accessed July 5, 2019. 597 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 185. 598 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 185. 599 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 185.

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