Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 248 • Test or auditing procedures or techniques; • Details of specific tests to be given; or • Details of specific audits to be conducted. In addition, the consequences of disclosure must almost certainly lead to: • The inability to use the test or auditing procedure; or • The inability to use or rely upon the tests or to use the techniques etc.838 Subsection 20(a) Testing procedures, tests and audits 20 A head may refuse to give access to a record that contains information relating to: (a) testing or auditing procedures or techniques; or … if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. Subsection 20(a) of FOIP is a discretionary, harm-based exemption. It permits refusal of access in situations where a record contains information relating to testing or auditing procedures or techniques if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. The following two-part test can be applied: 1. Does the record contain information relating to testing or auditing procedures or techniques? Relating to should be given a plain but expansive meaning.839 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the 838 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 22: Testing or Audits. Available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-22-testing-or-audits. Accessed September 5, 2019. 839 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32].
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