Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 216 Details means a number of particulars; an aggregate of small items.741 A test is a set of questions, exercises or practical activities that measure either what someone knows or what someone or something is like or can do.742 An audit is the formal examination of an individual’s or organization’s accounting records, financial situation or compliance with some other set of standards.743 It is the systematic identification, evaluation, and assessment of an organization’s policies, procedures, acts and practices against pre-defined standards.744 The terms testing and auditing cover a wide range of activities. Examples include environmental testing, language testing, personnel audits, financial audits, staffing examinations and program audits. The exemption applies to testing and auditing carried out by local authorities, consultants, and contractors.745 2. Could disclosure reasonably be expected to prejudice the use or results of particular tests or audits? “Could reasonably be expected to” means there must be a reasonable expectation that disclosure could prejudice the use or results of particular tests or audits. The Supreme Court of Canada set out the standard of proof for harms-based provisions as follows: This Court in Merck Frosst adopted the “reasonable expectation of probable harm” formulation and it should be used wherever the “could reasonably be expected to” language is used in access to information statutes. As the Court in Merck Frosst emphasized, the statute tries to mark out a middle ground between that which is probable and that which is merely possible. An institution must provide evidence “well beyond” or “considerably above” a mere possibility of harm in order to reach that middle ground: paras. 197 and 199. This inquiry of course is contextual and how much evidence and the quality of evidence needed to meet this standard will ultimately depend on the 741 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 742 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1776. 743 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 161. 744 SK OIPC Review Report F-2010-001 at [97]. 745 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.19. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_19. Accessed September 5, 2019
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