Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 152 Local authorities may employ researchers, including professional scientists, technicians and social scientists. Their reputations are often dependent on the research they publish.527 The fact that the employees have a professional reputation is of considerable value to the local authorities that employ them. In addition, their research often has monetary and program value for the local authorities. For these reasons, LA FOIP protects the priority of publication for all types of research.528 The objective is to maintain the local authority’s ability to hire scientific and technical experts.529 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.530 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.531 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.532 527 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 193. 528 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 193. 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 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. 531 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]. 532 Definition originated from ON IPC including Order PO-1811. Adopted in SK OIPC Review Report F2006-002 at [87].
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