Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 170 Subsection 18(1)(b) Economic and other interests 18(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (b) financial, commercial, scientific, technical or other information: (i) in which the Government of Saskatchewan or a government institution has a proprietary interest or a right of use; and (ii) that has monetary value or is reasonably likely to have monetary value; … (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)(b) 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 financial, commercial, scientific, technical or other information which the Government of Saskatchewan or a government institution has a proprietary interest or a right of use and which has monetary value or reasonably likely to have monetary value. The following three-part test can be applied: 1. Does the information contain financial, commercial, scientific, technical or other information? Financial information is information regarding monetary resources, such as financial capabilities, assets, and liabilities, past or present. Common examples are financial forecasts,
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