Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 48 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. IPC Findings In Review Report 020-2016, the Commissioner considered the equivalent provision in LA FOIP. An applicant made an access to information request to the City of Lloydminster (City) for a copy of a proposal submitted by a third party for waste disposal services. The City withheld the proposal in full citing several provisions of LA FOIP including subsection 18(1)(d). Upon review, the Commissioner found that the portions being considered under subsection 18(1)(d) of LA FOIP was background information about the third party. The information did not relate to a specific financial account and did not appear to be a statement of any kind. Therefore, the Commissioner found that subsection 18(1)(d) of LA FOIP did not apply. Subsection 19(1)(e) Third party information 19(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: … (e) a statement of financial assistance provided to a third party by a prescribed Crown corporation that is a government institution; or … (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
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