Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 49 (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)(e) of FOIP is a mandatory, class-based exemption. It permits refusal of access in situations where a record contains a statement of financial assistance provided to a third party by a prescribed Crown corporation that is a government institution. FOIP contains a unique exemption for statements of financial assistance from a prescribed Crown corporation to a third party.114 Only the Northwest Territories and Nunavut Access to Information and Protection of Privacy Act, S.N.W.T. 1994, c-20, have a similarly worded provision. The following two-part test can be applied: 1. Is the record a statement of financial assistance A statement is a formal written or oral account, setting down facts, a document setting out the items of debit and credit between two parties.115 Financial assistance means any economic benefit, such as a scholarship or stipend, given by one person or entity to another.116 The exemption does not include records that merely list a company as having received a loan. It must include other details such as credits and debits to meet the definition of a statement of financial assistance.117 114 McNairn, C., Woodbury, C., 2009, Government Information: Access and Privacy, Carswell: Toronto, p. 4-17. 115 The Shorter Oxford English Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 3006. 116 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 774. 117 Originated from NWT IPC Review Report 05-049 Dictionary on Historical Principles, Oxford University Press 1973, Volume 1 at p. 3006.
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