Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 63 beyond” or “considerably above” a mere possibility of harm in order to reach that middle ground: paras. 197 and 199. This inquiry of course is contextual and how much evidence and the quality of evidence needed to meet this standard will ultimately depend on the nature of the issue and “inherent probabilities or improbabilities or the seriousness of the allegations or consequences”… IPC Findings The Commissioner considered subsection 19(3) of FOIP in Review Report 043-2015. An applicant made an access to information request to the Ministry of Environment for the “2012 and 2013 Water and Air Quality Compliance Reports”. The Ministry withheld portions of the two reports citing subsections 19(1)(b) and (c) of FOIP (third party information). Upon review, the Commissioner found that subsection 19(1)(c) of FOIP applied to portions of the reports. Furthermore, the Commissioner found that the public interest resulting from disclosure of the information would outweigh in importance, any financial loss or prejudice to the competitive position of the third party. As such, the Commissioner recommended the reports be released pursuant to subsection 19(3) of FOIP.
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