Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 18 Scientific information is information exhibiting the principles or methods of science. The information could include designs for a product and testing procedures or methodologies.29 It is information belonging to an organized field of knowledge in the natural, biological, or social sciences or mathematics. In addition, for information to be characterized as scientific, it must relate to the observation and testing of specific hypothesis or conclusions and be undertaken by an expert in the field. Finally, scientific information must be given a meaning separate from technical information.30 Technical information is information relating to a particular subject, craft or technique. Examples are system design specifications and the plans for an engineering project.31 It is information belonging to an organized field of knowledge which would fall under the general categories of applied sciences or mechanical arts. Examples of these fields would include architecture, engineering, or electronics. It will usually involve information prepared by a professional in the field and describe the construction, operation or maintenance of a structure, process, equipment or thing. Finally, technical information must be given a meaning separate from scientific information.32 Labour relations information is information that relates to the management of personnel by a person or organization, whether or not the personnel are organized into bargaining units. It includes relationships within and between workers, working groups and their organizations as well as managers, employers and their organizations. Labour relations information also includes collective relations between a public body and its employees. Common examples of labour relations information are hourly wage rates, personnel contracts, and information on negotiations regarding collective agreements.33 In the decision Merck Frosst Canada Ltd. v. Canada (Health), (2012), the Supreme Court of Canada recognized that administrative details such as page and volume numbering, dates 29 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 191. Definition first relied on for third party exemption in SK OIPC Review Report F-2006-002 at [85]. 30 Definition originated from ON IPC Order P-454 at p. 4. Adopted in SK OIPC Review Report F-2006002 at [87]. 31 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 191. Definition first relied on for third party exemption in SK OIPC Review Report F-2006-002 at [85]. 32 Definition originated from ON IPC Order P-454 at p. 4. Adopted in SK OIPC Review Report F-2005003 at [26]. Definition endorsed in Consumers’ Co-operative Refineries Limited v Regina (City), 2016 SKKB 335 (CanLII) at [20]. 33 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 103. Definition first relied on in SK OIPC Review Report 019-2014 at [37].

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