Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 239 the Agricultural Corporation of Saskatchewan (ACS), which was a prescribed Crown corporation under FOIP at the time. The Commissioner found that although the Ministry claimed the records were provided by the third party, it appeared the record was created by AFEF. Further, that the record appeared to be commenting and making recommendations with respect to the third party’s need for financial assistance. AFEF was apparently a business unit of the crown corporation. The Commissioner found that the record was supplied to the Ministry by another government institution. As such, the Commissioner found that the burden of proof was not met in establishing that subsection 19(1)(f) of FOIP applied. In Review Report F-2014-002, the Commissioner considered subsection 19(1)(f) of FOIP. An applicant made an access to information request to Saskatchewan Crop Insurance Corporation (SCIC) for cultivated and seeded acres claimed by tenants on the applicant’s land between 2001 and 2010. SCIC responded to the applicant indicating that the information was being withheld citing several provisions including subsection 19(1)(f) of FOIP. Upon review, the SCIC asserted that the SCIC was a prescribed Crown corporation. Furthermore, the information related to financial assistance provided by SCIC to an Operator. The Commissioner found that SCIC did not offer any evidence that the third party supplied the information in the Seeded Acreage Reports for the purposes of financial assistance. Due to the lack of persuasive argument and lack of evidence offered, the Commissioner found that subsection 19(1)(f) of FOIP did not apply. Subsection 19(2) Third party information 19(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. Subsection 19(2) of FOIP provides that the government institution may give access to a record that contains third party information if the third-party consents in writing to disclosure. The provision is intended to prevent situations where the government institution would be under an obligation to withhold a record when the third party agreed to disclosure.822 822 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.10. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed November 19, 2019.
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