Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 14 of motive or occupation. The only way motivation could be relevant is to establish a reasonable expectation of harm to third parties [subsection 19(1)(c) of FOIP].22 The information below is reproduced for ease of reference from Chapter 4: Exemptions from the Right of Access. Subsection 19(1)(a) 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; … (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: (a) disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure could reasonably be expected to clearly outweigh in importance any: (i) financial loss or gain to; (ii) prejudice to the competitive position of; or (iii) interference with contractual or other negotiations of; a third party. Subsection 19(1)(a) of FOIP is a mandatory, class-based exemption. It permits refusal of access in situations where a record contains the trade secrets of a third party. The following test can be applied: 22 Intercontinental Packers Ltd. v. Canada (Minister of Agriculture) (1987), 14 F.T.R. 142 (T.D.), affirmed (1988), 87 N.R. 99 (Fed. C.A.) at [145].
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