• Information in budget preparation documents which could result in segments of the private sector taking actions affecting government's ability to meet economic goals.  (Note:  Approved budgets are not covered by this exception; they are tabled in the Legislature as public documents.)
  
  

• Background material to be used in establishing stumpage rates which if released would affect stumpage revenue.
  
  

Ability of that government to manage the economy

The government of British Columbia is responsible for managing many aspects of the province's economic activities in the interests of the people of British Columbia, by ensuring that an appropriate economic infrastructure is in place and by facilitating and regulating the activities of the marketplace.

The ability of the government of British Columbia to manage the economy depends on a range of activities, including fiscal and economic policies, taxation, and economic and business development initiatives.

Example:

• Draft plans to discontinue a small business development grants program.
  
  

The use of "including" means that the list which follows (paragraphs 17(1)(a) through (e)), provides examples of the types of information, the release of which is presumed to be harmful to the financial or economic interests of a public body.

The list does not cover every type of information which could reasonably be expected to cause such harm.  Information not explicitly listed but which is similar in type to the information listed and meets the harm test set out in subsection 17(1), would be covered by this exception.

The fact that information belongs to one of the categories listed is not sufficient in itself to establish that it meets the harm test set out in subsection 17(1).  Although there is a presumption that the disclosure of information in these categories would harm the financial or economic interests of a public body, the head of the public body must have reasonable grounds to expect harm in order to apply the exception.

Interpretation 17(1)(a)

Section 17(1)(a) does not apply to trade secrets of a third party.  Trade secrets of third parties may be covered by the exception for disclosure harmful to business interests of a third party (section 21(1)(a)(i)).

Example:

• A bid received by a public body in response to a Request for Proposal containing details on a proprietary technique of a private sector company is not covered by this exception.  Although this trade secret information is contained in a record which is in the custody and under the control of the public body which received the bid, it belongs to the third party which submitted the bid.  The head of the public body would consider the applicability of section 21 (Disclosure harmful to business interests of a third party) rather than section 17.

Interpretation 17(1)(b)

This paragraph is a three-part test.  In order for this section to apply, all of the following conditions must be met.  The information must:

1. be financial, commercial, technical or scientific;
   
   

2. belong to a public body or to the government of British Columbia; and,
   
   

3. have, or be reasonably likely to have, monetary value.
   
   

Belongs to a public body or to the government of British Columbia

Information must be owned by the public body or the government of British Columbia, or the public body or the government must be capable of proving a claim of legal right to the information (such as under a license agreement).

Example:

• Information created by an officer or employee of the public body as part of their job, or by a contractor as part of a contract with the public body

Financial, commercial, technical, or scientific information which belongs to any person, group of persons or organization other than a public body is not covered by this exception.  The head of the public body would consider the applicability of section 21 (Disclosure harmful to business interests of a third party)

Has, or is reasonably likely to have, monetary value

This may include information that the public body wishes to sell, patent or licence.

Examples:

• Specification for a piece of laboratory equipment which could be sold by the public body.

• A geographical information system design which could be licensed by the public body.

Interpretation 17(1)(c)

This paragraph is a two-part test.  In order for this paragraph to apply, both of the following conditions must be met.  The plans must:

1. relate to the management of personnel or administration of a public body; and,
   
   

2. have not been implemented or made public.

A "plan" is a formulated and especially detailed method by which a thing is to be done; a design or scheme [OED].  A plan relates to ongoing or future events.

A plan to introduce new practices, to change current practice, or to continue with current practice would be a plan within the meaning of this exception.

Example:

• A memo to the senior financial officer proposing that a public body adopt a decentralized financial management system.

Management of personnel of or the administration of a public body

The first part of the test is the "Management of personnel of a public body" and comprises all aspects of the management of the human resources of a public body.  This includes staffing requirements, job classification, recruitment and selection, employee salary and benefits, hours and conditions of work, leave management, performance planning and review, training, and separation and layoff.

Personnel management does not include the management of consultant, professional, or other personal service contracts.  These are included under administration of a public body.

"Administration of a public body" comprises all aspects of a public body's internal management (other than personnel management), necessary to support the delivery of programs and services.  Administration includes financial management, material management, contract management, property management, information management, and risk management.

Have not yet been implemented or made public

This represents the second part of the test within the paragraph.

"Implemented" means that the decision to implement the plan has been communicated to the official(s) in the public body who are responsible for carrying out the plan.  It is not necessary for implementation activities to have been completed.

"Made public" means that the plan was made public by a conscious decision of the government.  The fact that information about the proposal or project has been leaked through unofficial sources does not constitute making public by government.

Examples:

• A minute of a meeting of the board of directors of a public body at which a change to contract management policies is planned, is covered by this exception up to the point at which implementation has begun.  This would normally be the point at which the decision is communicated to line management within the public body.

• A ministry's response to a corporate government survey on leave management policies, stating that the ministry intends to continue with current practices, is a "plan relating to personnel management", but it would not meet the second part of the test, because the plan has already been implemented.

Interpretation 17(1)(d)

Paragraph 17(1)(d) allows the head to except from disclosure information which could result either in premature disclosure of a proposal or project of a public body, or in undue financial loss or gain to a third party.

This exception is time-limited; it applies only to proposed plans and projects of a public body, not to those which are already in place.

It is not necessary to demonstrate that actual harm will result, or that actual harm did result from a similar disclosure in the past, although such past experience could be part of the factual considerations upon which the expectation of harm is based.

"Premature disclosure" means disclosure before the proposal or project has been made public by government.  The fact that information about the proposal or project has been leaked through unofficial sources does not constitute making public by government.  This paragraph of section 17 is time limited; it applies only to proposed plans and projects of a public body, not to those already in place.

Examples:

• A memo describing a new system development project not officially announced.

• Portions of the Victoria Strategic Plan recommend the creation of one or more major suburban office complexes for ministries which do not have to be in the legislative precinct or downtown.  Information in the plan that reveals the proposed actual locations of these complexes would not be released until the sites themselves had been secured.

 Undue financial loss or gain to a third party

"Undue" means excessive or disproportionate [OED].

There must be objective grounds for believing that releasing the information would result in "undue financial loss or gain" to a third party.

The loss or gain under this paragraph must be monetary, or have a monetary value (e.g., loss of revenue or loss of corporate reputation or goodwill by a private sector company).

"To a third party" means that the undue loss or gain contemplated by this paragraph is loss or gain to a third party, not to the public body that holds the information.  This third party could be a person, group of persons or an organization.

Examples:

• The government plans to construct a new road through a part of the province where purchases of land for the right of way will be necessary.  Premature disclosure of this project might result in third parties buying up parcels of land in anticipation of profits on the subsequent sale to the government and in the government paying more for land held by speculators.

• Premature disclosure of information about a change in revenue services, such as taxes, duties or tariff rates could result in undue benefit to a third party.

Interpretation 17(1)(e)

This paragraph is intended to protect the public body’s or the government’s ability to negotiate effectively with other parties.  This section normally applies to ongoing or future negotiations.  Information from completed negotiations is not covered unless, for instance, the same strategy will be used again and it has not been publicly disclosed.  Information about negotiations would include positions, options, instructions, and criteria to be used in negotiations.

This paragraph may be applied even though negotiations have not yet commenced at the time of the request for access to information, including where there has not been any direct contact with the other party or their agent.

This paragraph does not cover information relating to negotiations to which a public body is not a party.

This paragraph covers negotiations either conducted directly by employees or officers of a public body or the government of British Columbia, or conducted by a third party acting as an agent of the public body or the government.

Example:

• Land expropriation negotiations carried out by an arbitrator appointed by the government and acting on the authority of the government.

INTERPRETATION 17(2)

"Researcher" includes researchers who are employees of public bodies, as well as researchers in organizations not covered by the Act.

Example:

• Research notes compiled by an employee of the Royal British Columbia Museum in preparation for a journal article.

INTERPRETATION 17(3)

If part or all of a record falls within the parameters of
subsection 17(3), then the head cannot withhold the information on the results of certain types of product or environmental testing under subsection 17(1).

Other exceptions may apply to this information.

"Results of product or environmental testing" means information recording the results of product or environmental testing.

Examples:

• Water quality reports.

• Results of routine testing of food served in BC Ferries cafeterias.

• Testing of a hospital's air conditioning.

Carried out by or for that public body

The public body referred to in this subsection is the public body that commissioned the testing.  If a public body other than the one which commissioned the testing has custody or control of copies of the product or environmental test results, it consults with the public body which commissioned the testing before exercising discretion in favour of disclosure.

"Unless the testing was done" means that subsection 17(3) does not apply to information of the following two types:

• Fee-for-service tests (paragraph 17(3)(a)); and,

• Tests used to develop test methodology (paragraph 17(3)(b)).

Information of these two types may be withheld under section 17, provided that the harm test of subsection 17(1) is met.

Examples: