Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 200 (e) a statement of financial assistance provided to a third party by a prescribed Crown corporation that is a government institution; or (f) information supplied by a third party to support an application for financial assistance mentioned in clause (e). (2) A head may give access to a record that contains information described in subsection (1) with the written consent of the third party to whom the information relates. (3) Subject to Part V, a head may give access to a record that contains information described in subsection (1) if: (a) disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure could reasonably be expected to clearly outweigh in importance any: (i) financial loss or gain to; (ii) prejudice to the competitive position of; or (iii) interference with contractual or other negotiations of; a third party. Section 19 of FOIP is a mandatory, class-based and harm-based provision, meaning, it contains both class and harm based exemptions. As a mandatory provision, the government institution has no, or more limited, discretion regarding whether or not to apply the exemption. That is, if the information is covered by the exemption and the conditions for the exercise of discretion do not exist, then it must not be disclosed. FOIP defines a third party as a person, including an unincorporated entity, other than an applicant or a government institution.711 A “local authority”, as defined under subsection 2(1)(f) of The Local Authority Freedom of Information and Protection of Privacy Act can also qualify as a third party for purposes of FOIP.712 The provision is intended to protect the business interests of third parties and to ensure that government institutions are able to maintain the confidentiality necessary to effectively carry on business with the private sector.713 711 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01 at subsection 2(1)(j). 712 SK OIPC Review Report 080-2018 at [51] and [52]. 713 Nunavut Information and Privacy Commissioner (NU IPC) Review Report 03-08 at p. 7.
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