Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 168 Subsection 18(1)(a) Economic and other interests 18(1) A head may refuse to give access to a record that could reasonably be expected to disclose: (a) trade secrets; … (2) A head shall not refuse, pursuant to subsection (1), to give access to a record that contains the results of product or environmental testing carried out by or for a government institution, unless the testing was conducted: (a) as a service to a person, a group of persons or an organization other than a government institution, and for a fee; or (b) as preliminary or experimental tests for the purpose of: (i) developing methods of testing; or (ii) testing products for possible purchase. Subsection 18(1)(a) of FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reasonably be expected to disclose trade secrets. The following two-part test can be applied: 1. Does the information constitute a trade secret? Trade Secret is defined as information, including a plan or process, tool, mechanism or compound, which possesses the following characteristics: 1. The information must be secret in an absolute or relative sense (is known only by one or a relatively small number of people). 2. The possessor of the information must demonstrate he/she has acted with the intention to treat the information as secret. 3. The information must be capable of industrial or commercial application.
RkJQdWJsaXNoZXIy MTgwMjYzOA==