Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 203 Subsection 19(1)(b) Third party information 19(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: … (b) financial, commercial, scientific, technical or labour relations information that is supplied in confidence, implicitly or explicitly, to a government institution by a third party; … (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. Subsection 19(1)(b) of FOIP is a mandatory, class-based exemption. It permits refusal of access in situations where a record contains financial, commercial, scientific, technical, or labour relations information that was supplied in confidence to a government institution by a third party. The following three-part test can be applied:720 1. Is the information financial, commercial, scientific, technical, or labour relations information of a third party? 720 MCCreary J. used this three-part test in Seon v Board of Education of the Regina Roman Catholic School Division NO. 81, 2018 SKQB 166 at [9] for the equivalent provision (subsection 18(1)(b)) in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP).
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