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. 141 secret. The Commissioner was persuaded that information in each Schedule B qualified as a trade secret. As the criteria was met in the definition of trade secret, the Commissioner found that subsection 18(1)(a) of FOIP applied to each Schedule B. Subsection 17(1)(b) Economic and other interests 17(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (b) financial, commercial, scientific, technical or other information: (i) in which the local authority has a proprietary interest or a right of use; and (ii) that has monetary value or is reasonably likely to have monetary value; … (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)(b) 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 financial, commercial, scientific, technical or other information which the local authority has a proprietary interest or a right of use and which has monetary value or is reasonably likely to have monetary value. The following three-part test can be applied: 1. Does the information contain financial, commercial, scientific, technical or other information? Financial information is information regarding monetary resources, such as financial capabilities, assets, and liabilities, past or present. Common examples are financial forecasts,

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