Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 237 Subsection 19(1)(f) of FOIP is a mandatory class-based exemption. It permits refusal of access in situations where a record contains information supplied by a third party to support an application for financial assistance mentioned in clause (e). FOIP contains a unique exemption for applications for financial assistance from a prescribed Crown corporation to a third party.813 Only the Northwest Territories and Nunavut Access to Information and Protection of Privacy Act, S.N.W.T. 1994, c-20, have a similarly worded provision. The following two-part test can be applied: 1. Was the information to support an application for financial assistance? The provision is intended to protect information that a third party provides to a Crown corporation, which supports its application for financial assistance. Support means to corroborate.814 Application means a formal request to an authority.815 Financial assistance means any economic benefit, such as a scholarship or stipend, given by one person or entity to another.816 2. Was the information supplied by a third party? Supplied means provided or furnished.817 Information may qualify as “supplied” if it was directly supplied to a government institution by a third party, or where its disclosure would reveal or permit the drawing of accurate inferences with respect to information supplied by a third party.818 Information gathered by government inspectors via their own observations does not qualify as information “supplied” to the government institution. Judgements or conclusions 813 McNairn, C., Woodbury, C., 2009, Government Information: Access and Privacy, Carswell: Toronto, p. 4-17. 814 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1440. 815 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 64. 816 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 774. 817 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions#supplied. Accessed August 21, 2019. 818 SK OIPC Review Reports F-2005-003 at [17], F-2006-002 at [40].
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