Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 197 (b) as preliminary or experimental tests for the purpose of: (i) developing methods of testing; or (ii) testing products for possible purchase. The intent of subsection 18(2) of FOIP is to ensure that a government institution does not withhold information resulting from product or environmental testing carried out by the employees of a government institution, or by another organization on behalf of a government institution. Results of product or environmental testing means information recording the results of product or environmental testing. For example, water quality reports; results of routine testing of food served in correctional facilities; or testing of a hospital’s air conditioning.705 Other examples include information on products such as air filters, environmental test results on water quality or air quality, and commercial product testing and soil testing.706 Subsection 18(2) of FOIP provides that the exemptions in 18(1) of FOIP do not apply to a record containing the results of product or environmental testing carried out by or for a government institution unless: (a) The testing was done as a service to a person, a group of persons or an organization other than a government institution, and for a fee. In other words, information can be withheld when the government institution performs the testing, for a fee, as a service to a private citizen or a private corporate body.707 Examples: • A commercial product test. • A soil test conducted at the request of an individual, for which a fee is charged. • A test intended to develop a new drug testing technique.708 (b) As preliminary or experimental tests for the purpose of: 705 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-economic-interests. Accessed July 17, 2019. 706 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 193. 707 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 193. 708 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-economic-interests. Accessed July 22, 2019.
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