Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 45 Subsection 19(1)(d) Third party information 19(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: … (d) a statement of a financial account relating to a third party with respect to the provision of routine services from a government institution; … (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)(d) of FOIP is a mandatory, class-based exemption. It permits refusal of access in situations where a record contains a statement of a financial account relating to a third party with respect to the provision of routine services from a government institution. FOIP contains a unique exemption for accounts for routine services rendered by a government institution to a third party.99 Only the Northwest Territories and Nunavut’s Access to Information and Protection of Privacy Act, S.N.W.T. 1994, c-20, has a similarly worded provision. 99 McNairn, C., Woodbury, C., 2009, Government Information: Access and Privacy, Carswell: Toronto, p. 4-17.
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