Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 165 • Disclosure of the specifications of special testing equipment or software developed by a local authority that have been kept secret or confidential could reasonably be expected to result in improper benefit.594 A local authority cannot rely on subsection 17(1)(g) of LA FOIP for a record that fits within the enumerated exclusions listed at subsection 17(2) of LA FOIP. Before applying subsection 17(1) of LA FOIP, local authorities should ensure that subsection 17(2) of LA FOIP does not apply to any of the records. Subsection 17(2) Economic and other interests 17(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 a local authority, unless the testing was conducted: (a) as a service to a person, a group of persons or an organization other than a 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. The intent of subsection 17(2) of LA FOIP is to ensure that a local authority does not withhold information resulting from product or environmental testing carried out by the employees of a local authority, or by another organization on behalf of a local authority. The requirement to release is mandatory given the use of ‘shall’ in the provision. Results of product or environmental testing means information recording the results of product or environmental testing. For example, water quality reports; results of routine testing of food served in correctional facilities; or testing of a hospital’s air conditioning.595 594 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.11.4. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_11. Accessed July 19, 2019. 595 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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