Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 201 The Government of Saskatchewan collects a wide range of information from third parties. This information may be submitted voluntarily, such as in a bid for a government contract, or submitted as required by law, such as for proof of regulatory compliance. There is a compelling need to protect information that is provided to the government by third parties if the information falls within one of the enumerated exemptions under section 19.714 Although government institutions need to be open and accountable, they also need to conduct business and enter into business relationships; in doing so, they must be able to assure their private sector partners that their trade secrets and commercial and financial secrets will not be readily disclosed to competitors and the public.715 The leading case authority in terms of third-party information is Merck Frosst Canada Ltd. v. Canada (Health), (2012). At paragraph [23], the court recognized that a balance must be struck between the private interests of third parties and the public interest in the disclosure of information. The court commented: [23] Nonetheless, when the information at stake is third party, confidential commercial and related information, the important goal of broad disclosure must be balanced with the legitimate private interests of third parties and the public interest in promoting innovation and development. The Act strikes this balance between the demands of openness and commercial confidentiality in two main ways. First, it affords substantive protection of the information by specifying that certain categories of third party information are exempt from disclosure. Second, it provides procedural protection. The third party whose information is being sought has the opportunity, before disclosure, to persuade the institution that exemptions to disclosure apply…716 Third parties doing business with public institutions must understand that certain information detailing the expenditure of public funds might be disclosed.717 Third parties should be aware that the right of access to information under government control is available to every member of the public and cannot be restricted by considerations 714 Adapted from the Information Commissioner of Canada’s 2017-2018 Annual Report, Investigation Highlights, Section 20 – Third Party Information. Available at https://www.oicci.gc.ca/en/resources/reports-publications/2017-2018-investigation-highlights#h3. Accessed July 22, 2019. 715 NWT IPC Review Report 04-043 at p. 4. 716 Quoted by Justice Zarzeczny in Canadian Bank Note Limited v Saskatchewan Government Insurance, 2016 SKQB 362 (CanLII) at [28]. 717 ON IPC Order PO-3845 at [62].
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