Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 44 • What stage are the negotiations at. • How long have they been going on. • What is the subject matter of the negotiations. • How would disclosure specifically interfere with the negotiations. • Does the information relate to an outstanding issue in the negotiations. If so, how would disclosure interfere with negotiations on this issue. • Does the information relate to issues already resolved in the negotiations. • Would disclosure cause the issue to be reopened. Why. • Would it otherwise interfere with negotiations. How. • Is the information current. How old is the information. • Does it relate to events prior to the negotiations. • Does the other side of the negotiations already have this information. If not, have they asked for it. • Is the information commonly known in the industry. • Is the information reasonably available elsewhere. If so, how would disclosure interfere with negotiations.98 Examples of information to which this exemption may apply include negotiating positions, options, instructions, pricing criteria and points used in negotiations. Pursuant to subsection 19(2) of FOIP, where a record contains third party information, the government institution can release it with the written consent of the third party. Pursuant to subsection 19(3) of FOIP, where a record contains third party information, the government institution can release it if disclosure is in the public interest and the information relates to public health, public safety or protection of the environment. In addition, the public interest clearly outweighs in importance any financial loss or gain, prejudice to competitive position or interference with contractual negotiations of the third party. For further guidance, see subsection 19(3) later in this Chapter. 98 Information Commissioner of Canada, Investigator’s Guide to Interpreting the Act, Section 20(1)(c)&(d): Questions, available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-201cd-questions. Accessed July 19, 2019.
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