Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 217 Section 19: Testing Procedures, Tests and Audits Testing procedures, tests and audits 19 A head may refuse to give access to a record that contains information relating to: (a) testing or auditing procedures or techniques; or (b) details of specific tests to be given or audits to be conducted; if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. Section 19 of LA FOIP is a discretionary, harm-based provision. The provision is intended to protect records that contain information relating to: • Test or auditing procedures or techniques; • Details of specific tests to be given; or • Details of specific audits to be conducted. In addition, the consequences of disclosure must almost certainly lead to: • The inability to use the test or auditing procedure; or • The inability to use or rely upon the tests or to use the techniques etc.723 Subsection 19(a) Testing procedures, tests and audits 19 A head may refuse to give access to a record that contains information relating to: (a) testing or auditing procedures or techniques; or … if disclosure could reasonably be expected to prejudice the use or results of particular tests or audits. Subsection 19(a) of LA FOIP is a discretionary, harm-based exemption. It permits refusal of access in situations where a record contains information relating to testing or auditing 723 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 22: Testing or Audits. Available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-22-testing-or-audits. Accessed September 5, 2019.
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