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. 173 application of skill and effort to develop the information. If, in addition, there is a quality of confidence about the information, in the sense that it is consistently treated in a confidential manner, and it derives its value to the organization from not being generally known, the courts will recognize a valid interest in protecting the confidential business information from misappropriation by others. [See, for example, Lac Minerals Ltd. v. International Corona Resources Ltd. (1989), 61 D.L.R. (4th) 14 (S.C.C.), and the cases discussed therein].625 Right of use means a legal, equitable or moral title or claim to the use of property, or authority to use.626 3. Does the information have monetary value for the government institution or is it reasonably likely to? Monetary value requires that the information itself have an intrinsic value.627 This may be demonstrated by evidence of potential for financial return to the government institution. An example of information that is reasonably likely to have monetary value might include a course developed by a teacher employed by a school board.628 The mere fact that the government institution incurred a cost to create the record does not mean it has monetary value for the purposes of this section.629 Reasonably likely to implies that the question be considered objectively. This means that there must be evidence that will, on a balance of probabilities, support the necessary finding.630 Section 18 of FOIP includes the requirement that access can be refused where it “could reasonably be expected to disclose” the protected information listed in the exemptions. The meaning of the phrase “could reasonably be expected to” in terms of harm-based exemptions was considered by the Supreme Court of Canada in Ontario (Community Safety and Correctional Service) v. Ontario (Information and Privacy Commissioner), (2014). Although 625 Quoted initially in SK OIPC Review Report F-2005-006 at [12]. Later in SK OIPC Review Reports 1842016 at [35], 215 to 217-2016 at [19], 056-2017 at [60] and 086-2018 at [94]. 626 Adapted from The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 2582. 627 ON IPC Order P-219 at p. 17. Relied on in SK OIPC Review Report F-2005-00 at [27]. 628 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 191. 629 ON IPC Order PO-3464-I at [51]. Relied on in SK OIPC Review Reports 056-2017 at [62], 039-2018 at [21] and 086-2018 at [95]. 630 Canada (Director of Investigation and Research) v. Superior Propane Inc., 1996 CanLII 8 (CT) at [17].