Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 161 Prejudice in this context refers to detriment to economic interests.582 Economic interests refer to both the broad interests of a local authority in managing the production, distribution and consumption of goods and services. This also covers financial matters such as the management of assets and liabilities by a local authority and the local authority’s ability to protect its own interests in financial transactions.583 Examples of harm to economic interests can include: • Information in budget preparation documents which could result in segments of the private sector taking actions affecting the local authority’s ability to meet economic goals. • Background material to be used in establishing land costs which if released would affect revenue from the sale of the land.584 In the recent Saskatchewan Court of Appeal decision, Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII), the court stated the following with regards to third parties doing business with government institutions and what does not constitute prejudice to the economic interest of the Government of Saskatchewan or a government institution. Although it addresses the equivalent provision in The Freedom of Information and Protection of Privacy Act, it is relevant for when interpreting what constitutes prejudice to a local authority under LA FOIP: [55] …Individuals or entities doing business with a government institution are required to take the access to information regime prescribed by the Act as a given. The possibility of information being disclosed pursuant to the Act is an unavoidable part of the environment in which they are obliged to operate. [56] …In other words, the application of s. 18(1)(f) does not depend on whether a party doing business with a government institution will, or will not, be irritated or made unhappy by the disclosure of records. The Act specifically addresses the release of third 582 Adapted from Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 149. 583 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 188. Similar definition in British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/cabinet-local-public-body-confidences. Accessed July 17, 2019. 584 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-economic-interests. Accessed July 19, 2019. For more on this example, see SK OIPC Review Report 184-2016 at [63] and [64].
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