Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 247 Clear means free from doubt; sure; unambiguous.835 Use of the word “clearly” means the test is rigorous, limiting the applicability of the public interest “override”.836 Outweigh means to be of more importance or value than something else.837 In determining if the public interest clearly outweighs in importance the financial loss or gain, competitive prejudice or interference in negotiations of a third party, the following can be considered:838 • Quantify the financial loss or gain, prejudice to competitive position or degree of interference in negotiations of the third party. • In the case of information described in subsection 19(1), what degree of importance is attached to keeping the information confidential. • What is the nature of the relationship between the government institution and the third party, i.e., why did the third party supply the information to the government. o Voluntary If so, what were the circumstances. o Mandatory • Describe any chilling effect of disclosure, if any. • Describe any impact on the government relationship or duty it must maintain information in a confidential fashion. • What factors did the government institution consider in assessing whether subsection 19(3) applies. 835 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 317. 836 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.11. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed September 4, 2019. 837 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1330. 838 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 20(2), (5), (6): Questions – Disclosure Authorized in Public Interest. Available at https://www.oicci.gc.ca/en/investigators-guide-interpreting-act/section-20256-questions-disclosure-authorizedpublic-interest. Accessed September 4, 2019.
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