Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 249 plain unambiguous meaning of the words of the statute.840 “Relating to” requires some connection between the information and the testing or auditing procedures or techniques.841 A test is a set of questions, exercises, or practical activities that measure either what someone knows or what someone or something is like or can do.842 An audit is the formal examination of an individual’s or organization’s accounting records, financial situation or compliance with some other set of standards.843 It is the systematic identification, evaluation and assessment of an organization’s policies, procedures, acts and practices against pre-defined standards.844 Procedures are the manner of proceeding; a system of proceeding; conduct, behavior.845 Techniques are the manner of execution or performance in relation to mechanical or formal details; a skillful or efficient way of doing or achieving something.846 The terms testing and auditing cover a wide range of activities. Examples include environmental testing, language testing, personnel audits, financial audits, staffing examinations and program audits. The exemption applies to testing and auditing carried out by government institutions, consultants, and contractors.847 2. Could disclosure reasonably be expected to prejudice the use or results of particular tests or audits? “Could reasonably be expected to” means there must be a reasonable expectation that disclosure could prejudice the use or results of particular tests or audits. The Supreme Court of Canada set out the standard of proof for harms-based provisions as follows: This Court in Merck Frosst adopted the “reasonable expectation of probable harm” formulation and it should be used wherever the “could reasonably be expected to” 840 Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. This case dealt specifically with an appeal regarding Ontario’s FOIP legislation. 841 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 842 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1776. 843 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 161. 844 SK OIPC Review Report F-2010-001 at [97]. 845 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 2355. 846 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 2 at p. 3194. 847 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.19. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_19. Accessed September 5, 2019
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