Guide to LA FOIP-Chapter 4

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 138 Section 17 of LA FOIP recognizes that local authorities may hold significant amounts of financial and economic information that is critical to the fiscal management of the local authority. The heading of the provision is “Economic and other interests”. The meaning of economic interests can be defined as follows: Economic interests refer to both the broad interests of a local authority and, for the government as a whole, in managing the production, distribution and consumption of goods and services. This also covers financial matters such as the management of assets and liabilities by a local authority and its ability to protect its own interests in financial transactions.505 Subsection 17(1)(a) Economic and other interests 17(1) A head may refuse to give access to a record that could reasonably be expected to disclose: (a) trade secrets; … (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 the local authority, unless the testing was conducted: (a) as a service to a person, a group of persons or an organization other than the local authority, 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. Subsection 17(1)(a) of LA FOIP is a discretionary class-based exemption. It permits refusal of access in situations where release of a record could reasonably be expected to disclose trade secrets. 505 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 188. Similar definition in 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.

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