Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 190 Prejudice in this context refers to detriment to economic interests.687 Economic interests refer to both the broad interests of a government institution and, for the government as a whole, in managing the production, distribution and consumption of goods and services. This also covers financial matters such as the management of assets and liabilities by a government institution and the government institution’s ability to protect its own or the government’s interests in financial transactions.688 Examples of harm to economic interests can include: • Information in budget preparation documents which could result in segments of the private sector taking actions affecting the government’s ability to meet economic goals (Note: approved budgets are not included as they are tabled in the Legislature as public documents). • Background material to be used in establishing land costs which if released would affect revenue from the sale of the land.689 In the recent Saskatchewan Court of Appeal decision, Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII), stated the following with regards to third parties doing business with government institutions and what does not constitute prejudice to the economic interest of the Government of Saskatchewan or a government institution: [55] …Individuals or entities doing business with a government institution are required to take the access to information regime prescribed by the Act as a given. The possibility of information being disclosed pursuant to the Act is an unavoidable part of the environment in which they are obliged to operate. [56] …In other words, the application of s. 18(1)(f) does not depend on whether a party doing business with a government institution will, or will not, be irritated or made unhappy by the disclosure of records. The Act specifically addresses the release of third party information in s. 19. That is the vehicle by which the interests of third parties, like Brightenview, are accommodated. 687 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 149. 688 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 188. Similar definition in British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/cabinet-local-public-body-confidences. Accessed July 17, 2019. 689 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-economic-interests. Accessed July 19, 2019. For more on this example, see SK OIPC Review Report 184-2016 at [63] and [64].
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