Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 196 Benefit means a favourable or helpful factor or circumstance; advantage, profit.701 Loss means an undesirable outcome of a risk; the disappearance or diminution of value, usually in an unexpected or relatively unpredictable way.702 Person includes an individual, corporation or the heirs, executors, administrators or other legal representatives of a person.703 Examples can include: • The disclosure of confidential information about the government’s intention to buy certain property might result in third parties buying the property in anticipation of profits from the government’s acquisition. • Premature disclosure of information about a change in revenue sources, such as taxes, duties or tariff rates, could result in undue benefit to a third party. • Disclosure of the specifications of special testing equipment or software developed by a government institution that have been kept secret or confidential could reasonably be expected to result in improper benefit.704 A government institution cannot rely on subsection 18(1)(h) of FOIP for a record that fits within the enumerated exclusions listed at subsection 18(2) of FOIP. Before applying subsection 18(1) of FOIP, government institutions should ensure that subsection 18(2) of FOIP does not apply to any of the records. Subsection 18(2) Economic and other interests 18(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 701 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 702 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1132. 703 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 704 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.11.4. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_11. Accessed July 19, 2019.
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