Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 9 that the unit prices and lump sum prices were not supplied by the third party but were negotiated terms of the contract that both parties agreed to. As the second part of the test was not met, the Commissioner found that subsection 19(1)(b) of FOIP was not appropriately applied. The third party appealed the Commissioner’s decision to the Court of King’s Bench where Justice Zarzeczny in Canadian Bank Note Limited v Saskatchewan Government Insurance, considered the facts and circumstances in the de novo appeal, agreed that the information was commercial information of the third party but found that the unit prices were supplied to SGI by the third party.12 Section 2: Definition of a third party Third party information 2(1) In this Act: … (j) “third party” means a person, including an unincorporated entity, other than an applicant or a government institution. FOIP defines a third party as a person, including an unincorporated entity, other than an applicant or a government institution.13 This definition is broad and can include an individual, private business (e.g., sole proprietorship, partnership, corporation, unincorporated association, or organization), non-profit group, trade union, syndicate or trust. However, it does not include applicants or government institutions14 which are defined by subsections 2(1)(a) and (d) of FOIP which provide: 2(1) In this Act: (a) “applicant” means a person who makes an application for access to a record pursuant to section 6; 12 Canadian Bank Note Limited v Saskatchewan Government Insurance, 2016 SKKB 362 (CanLII) at [36] to [39]. 13 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01 at section 2(1)(j). 14 In SK OIPC Review Report 244-2018 at [94], the Commissioner found that the Ministry of Health was a government institution so could not be a third party for purposes of FOIP.

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