Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 17 labour relations information that was supplied in confidence to a government institution by a third party. The following three-part test can be applied:25 1. Is the information financial, commercial, scientific, technical, or labour relations information of a third party Financial information is information regarding monetary resources, such as financial capabilities, assets, and liabilities, past or present. Common examples are financial forecasts, investment strategies, budgets, and profit and loss statements. The financial information must be specific to a third party.26 Commercial information is information relating to the buying, selling or exchange of merchandise or services. This can include third party associations, past history, references and insurance policies and pricing structures, market research, business plans, and customer records.27 Types of information included in the definition of commercial information can include: • Offers of products and services a third party business proposes to supply or perform; • A third party business’ experiences in commercial activities where this information has commercial value; • Terms and conditions for providing services and products by a third party; • Lists of customers, suppliers or sub-contractors compiled by a third party business for its use in its commercial activities or enterprises - such lists may take time and effort to compile, if not skill; • Methods a third party business proposes to use to supply goods and services; and • Number of hours a third party business proposes to take to complete contracted work or tasks.28 25 MCCreary J. used this three-part test in Seon v Board of Education of the Regina Roman Catholic School Division NO. 81, 2018 SKKB 166 at [9] for the equivalent provision (subsection 18(1)(b)) in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). 26 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 103. Definition first relied on in SK OIPC Review Report F-2005-003 at [23]. 27 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 102. 28 Office of the British Columbia Information and Privacy Commissioner (BC IPC) Order F05-09 at [9]. First cited in SK OIPC Review Report 019-2014 at [35].
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