Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 54 IPC Findings In Review Report F-2013-003, the Commissioner considered subsection 19(1)(f) of FOIP for the first time. An applicant made an access to information request to the Ministry of Agriculture for records related to the planning, share purchase and takeover of two businesses by Agri-Food Equity Fund in 1998. The Ministry responded to the applicant advising that the records were being withheld in full citing several provisions under FOIP including subsection 19(1)(f). Upon review, the Ministry asserted that subsection 19(1)(f) applied to the project submissions provided by the third party which outlined proposals, plans, amount of debt, marketing plans, financial analysis statements etc. Furthermore, that the third party supplied sales figures, sales projections, losses incurred by the third party, projected losses, as well as information related to inspections and improvements. The Ministry asserted that this information was provided to request additional investment in the third party by AgriFood Equity Fund (AFEF). The Ministry asserted that the AFEF was part of the Agricultural Corporation of Saskatchewan (ACS), which was a prescribed Crown corporation under FOIP at the time. The Commissioner found that although the Ministry claimed the records were provided by the third party, it appeared the record was created by AFEF. Furthermore, that the record appeared to be commenting and making recommendations with respect to the third party’s need for financial assistance. AFEF was apparently a business unit of the Crown corporation. The Commissioner found that the record was supplied to the Ministry by another government institution. As such, the Commissioner found that the burden of proof was not met in establishing that subsection 19(1)(f) of FOIP applied. In Review Report F-2014-002, the Commissioner considered subsection 19(1)(f) of FOIP. An applicant made an access to information request to Saskatchewan Crop Insurance Corporation (SCIC) for cultivated and seeded acres claimed by tenants on the applicant’s land between 2001 and 2010. SCIC responded to the applicant indicating that the information was being withheld citing several provisions including subsection 19(1)(f) of FOIP. Upon review, the SCIC asserted that the SCIC was a prescribed Crown corporation. Furthermore, the information related to financial assistance provided by SCIC to an Operator. The Commissioner found that SCIC did not offer any evidence that the third party supplied the information in the Seeded Acreage Reports for the purposes of financial assistance. Due to the lack of persuasive argument and lack of evidence offered, the Commissioner found that subsection 19(1)(f) of FOIP did not apply.
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