Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 222 Subsection 19(b) of LA FOIP is a discretionary, harm-based provision. This provision protects details relating to specific tests to be given or audits to be conducted. The following two-part test can be applied: 1. Does the record contain information relating to details of specific tests to be given or audits to be conducted? Relating to should be given a plain but expansive meaning.739 The phrase should be read in its grammatical and ordinary sense. There is no need to incorporate complex requirements (such as “substantial connection”) for its application, which would be inconsistent with the plain unambiguous meaning of the words of the statute.740 “Relating to” requires some connection between the information and the testing or auditing procedures or techniques.741 Details means a number of particulars; an aggregate of small items.742 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.743 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.744 It is the systematic identification, evaluation, and assessment of an organization’s policies, procedures, acts and practices against pre-defined standards.745 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.746 739 Gertner v. Lawyers’ Professional Indemnity Company, 2011 ONSC 6121 (CanLII) at [32]. 740 Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [45]. This case dealt specifically with an appeal regarding Ontario’s FOIP legislation. 741 Adapted from Ministry of Attorney General and Toronto Star, 2010 ONSC 991 (CanLII) at [43]. 742 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. 743 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1776. 744 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 161. 745 SK OIPC Review Report F-2010-001 at [97]. 746 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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