Section 22: Questions

Archived [2008-11] – Investigator's Guide to Interpreting the Act

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived.

The Investigator’s Guide was removed from the website in April 2021 and is currently available solely for the above-mentioned activities.

We invite you to consult the Information Commissioner’s Guidance section where you will find up-to-date information on how we approach investigations and interpret the Access to Information Act.

In addition, the Information Commissioner posts final reports on her investigations on the website to provide guidance to both institutions and complainants. Using the database, you can sort through the decisions with the relevant sections of the Act.

Section -- 22
The head of a government institution may refuse to disclose any record requested under this Act that contains information relating to testing or auditing procedures or techniques or details of specific tests to be given or audits to be conducted if the disclosure would prejudice the use or results of particular tests or audits.
Statement of Test to be Met
Testing or auditing procedures techniques or details of specific tests must be audits or tests to be conducted in the future?
Relevant Questions	Departmental Response	Assessment
Does the record describe a testing or auditing procedure? What kind of test or audit is involved? What is the purpose of the test or the audit? Do the procedures relate to a specific test or audit? Does the information describe techniques or details of specific test or audit? Does the information relate to audits or tests to be conducted in the future? when in what circumstances Does the information relate to tests used in assessing candidates for positions in the public service? Does the information relate to tests used or audits performed of performance by public servants? Does the information relate to audits of the effectiveness of government programs?

Statement of Test to be Met
Disclosure would prejudice the results of particular tests or audits must prejudice particular tests or audits assess whether information otherwise available
Relevant Questions	Departmental Response	Assessment
Will similar techniques or procedures be used in future audits? Will they be used in particular audits? if so, please specify How will disclosures of the tests or audits prejudice future tests or audits? Is the information kept confidential by the government institution? To whom is the information disclosed? If the information relates to public service staffing or performance evaluations: will the information be disclosed in the course of any appeals or grievances? is the information concerning testing techniques contained in any personnel manuals? is the information contained in any Treasury Board or other personnel management guidelines? Does the information relate to audits or tests used in the course of investigations? for what purpose is the investigation conducted? does the investigation relate to enforcement of a regulatory provision? What is the purpose of the regulatory provision? are the results of the test or audit disclosed to these persons or organization who was the subject of the audit? for what purpose? is testing methodology disclosed when this occurs? Would disclosure of the same information be required under section 20(4)?

Statement of Test to be Met
Prejudice must be directly related to disclosure.
Relevant Questions	Departmental Response	Assessment
How would disclosure cause prejudice to the use or results of particular tests or audits? How could the information be used to advantage those subject to tests or audits? Is the procedure or methodology described in a report to government by the Auditor General, consulting arms of the government or outside organizations? If so, what circulation has the report received?

Statement of Test to be Met
Discretionary Exemption
Relevant Questions	Departmental Response	Assessment
Is disclosure of procedures or techniques necessary to understand the results of audits or particular tests? Is disclosure likely in the context of appeals, investigative reports or government investigative guidelines? Was the test or audit conducted for investigative purposes? Is the investigation complete? Is the appeal or audit conducted for education purposes of the group being audited or tested? if so, does the disclosure of the methodology contribute to such education? Is disclosure necessary to assess the validity of the test or audit? Would disclosure prejudice future audits (as opposed to particular audits) in the same area?