Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 147 The objective is to maintain the local authority’s ability to hire scientific and technical experts.528 The exemption is discretionary and is based on a harms test. The exemption recognizes the exclusive rights of employees of a local authority to publish works based on scientific or technical research done by them while employed by the local authority. These rights are temporary because, upon publication, the background data are no longer covered by this exemption.529 The following three-part test can be applied: 1. Does the information in question constitute scientific or technical information? Scientific information is information exhibiting the principles or methods of science. The information could include designs for a product and testing procedures or methodologies.530 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.531 Technical information is information relating to a particular subject, craft, or technique. Examples are system design specifications and the plans for an engineering project.532 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 528 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.11.3. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_11. Accessed July 17, 2019. 529 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.11.3. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_11. Accessed July 17, 2019. 530 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 191. Definition first relied on for third party exemption in SK OIPC Review Report F-2006-002 at [85]. 531 Definition originated from ON IPC including Order PO-1811. Adopted in SK OIPC Review Report F2006-002 at [87]. 532 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 191. Definition first relied on for third party exemption in SK OIPC Review Report F-2006-002 at [85].
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