Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 148 structure, process, equipment, or thing. Finally, technical information must be given a meaning separate from scientific information.533 2. Was the information obtained through research conducted by an employee of the local authority? Obtained means to acquire in any way; to get possession of; to procure or to get a hold of by effort.534 Research is defined as a systematic investigation designed to develop or establish principles, facts or generalized knowledge, or any combination of them, and includes the development, testing and evaluation of research.535 Examples include scientific and technical research carried out at research institutes or universities; historical research connected with the designation or preservation of historical or archaeological resources; and epidemiological and other medical studies carried out in health care bodies. A local authority would have to be able to provide some proof that publication is expected to result from the research or that similar research in the past has resulted in publication.536 In order to apply this provision, the research must refer to specific, identifiable research projects conducted by a specific employee of the local authority. 3. Could disclosure reasonably be expected to deprive the employee of priority publication? For this exemption to be invoked, the employee must be actively engaged in the research with a reasonable expectation of publication.537 533 Definition originated from ON IPC including Order PO-1806-F. Adopted in SK OIPC Review Report F-2005-003 at [26]. Definition endorsed in Consumers’ Co-operative Refineries Limited v Regina (City), 2016 SKQB 335 (CanLII) at [20]. 534 Originated from Black’s Law Dictionary, 6th Edition, Adopted by AB IPC in Order 2000-021 at [26]. Adopted in SK OIPC Review Report F-2006-001 at [58] and [59]. Also, found in SK OIPC Review Report F-2006-002 at [39]. 535 ON IPC Order PO-2693 at pp. 7 to 8. Definition originates from Ontario’s Personal Health Information Protection Act (PHIPA) at section 2. 536 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 193. 537 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.
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