Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 198 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 (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.706 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.707 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.708 706 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. 707 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 193. 708 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 193.
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