Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 11 Health had some control over the governance of the pCPA. As a result, the Commissioner found that subsection 19(1)(b) of FOIP did not apply to the records at issue. In West v Saskatchewan (Health), 2020 SKQB 244 (CanLII), the court stated at paragraph [65] that “pCPA does not appear to be either a “government institution” nor a “third party”, as defined by s. 1 of the Act.” The court noted that the origin of the documents is still relevant when considering the application of section 13(1)(b) of FOIP. Section 19: Third party information Third party information 19(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: (a) trade secrets of a third party; (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; (c) information, the disclosure of which could reasonably be expected to: (i) result in financial loss or gain to; (ii) prejudice the competitive position of; or (iii) interfere with the contractual or other negotiations of; a third party; (d) a statement of a financial account relating to a third party with respect to the provision of routine services from a government institution; (e) a statement of financial assistance provided to a third party by a prescribed Crown corporation that is a government institution; or (f) information supplied by a third party to support an application for financial assistance mentioned in clause (e). (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:
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