Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 4 Access to the Record If no appeal to the Court of King’s Bench after 30 days of the Decision of the Head, the head can release the records to the applicant. Quick Reference 2: Contracting with government institutions Common types of records that arise in access to information requests involving third party information are contracts and tender/bidding or proposal documents. The following is a quick reference guide for the precedent set by the Commissioner and the courts regarding contracts and tender/bidding or proposal documents. Topic Precedent Tender/bidding or proposal documents • Entire proposal packages submitted by third parties to a government institution in response to a Request for Proposals (RFPs) could constitute commercial information and be supplied explicitly in confidence if the RFP included a confidentiality clause.4 • Contractors setting out to win government contracts through a confidential bidding process should not expect that the monetary terms will remain confidential if the bid succeeds. The public’s right to know how government spends public funds as a means of holding government accountable for its expenditures is a fundamental notion of responsible government that is known to all.5 Contracts • Third parties and businesses need to know when they deal with government institutions supported by tax 4 Office of the Saskatchewan Information and Privacy Commissioner (SK OIPC) Review Reports 0312015 at [10] to [28], 020-2016 at [4] to [12]. 5 Canada (Minister of Public Works and Government Services) v. Hi-Rise Group Inc., 2004 FCA 99 (CanLII) at [37] and [42].
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