Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 52 (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)(f) of FOIP is a mandatory class-based exemption. It permits refusal of access in situations where a record contains information supplied by a third party to support an application for financial assistance mentioned in clause (e). FOIP contains a unique exemption for applications for financial assistance from a prescribed Crown corporation to a third party.118 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. Was the information to support an application for financial assistance The provision is intended to protect information that a third party provides to a Crown corporation, which supports its application for financial assistance. Support means to corroborate.119 Application means a formal request to an authority.120 Financial assistance means any economic benefit, such as a scholarship or stipend, given by one person or entity to another.121 118 McNairn, C., Woodbury, C., 2009, Government Information: Access and Privacy, Carswell: Toronto, p. 4-17. 119 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 1440. 120 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed., (Oxford University Press) at p. 64. 121 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 774.
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