Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 166 Other examples include information on products such as air filters; environmental test results on water quality or air quality; and commercial product testing and soil testing.596 Subsection 17(2) of LA FOIP provides that the exemptions in 17(1) of LA FOIP do not apply to a record containing the results of product or environmental testing carried out by or for a local authority unless: (a) The testing was done as a service to a person, a group of persons or an organization other than a local authority, and for a fee. In other words, information can be withheld when the local authority performs the testing, for a fee, as a service to a private citizen or a private corporate body.597 Examples: • A commercial product test. • A soil test conducted at the request of an individual, for which a fee is charged. • A test intended to develop a new drug testing technique.598 (b) As preliminary or experimental tests for the purpose of: (i) Developing methods of testing; or (ii) Testing products for possible purchase. In other words, information can be withheld if the testing was done for the purpose of developing testing methods, such as a new methodology for tire recycling. Information can also be applied to test results compiled to determine whether or not a local authority would purchase a product.599 596 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 193. 597 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 193. 598 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 22, 2019. 599 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 193.
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