Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 162 party information in s. 19. That is the vehicle by which the interests of third parties, like Brightenview, are accommodated. [57] …The Legislature, by enacting the Act, has prescribed the rules of the game. Those wishing to do business with a government institution must play by those rules. Negative reactions to the Act, and the possibility of information being disclosed pursuant to it, cannot be what the Legislature had in mind when it referred to “prejudice the economic interest of the Government of Saskatchewan or a government institution”. If that were the case, s. 18(1)(f) would merely operate at the whim of third parties doing business with the Government and government institutions.585 A local authority cannot rely on subsection 17(1)(f) of LA FOIP for a record that fits within the enumerated exclusions listed at subsection 17(2) of LA FOIP. Before applying subsection 17(1) of LA FOIP, local authorities should ensure that subsection 17(2) of LA FOIP does not apply to any of the records. Subsection 17(1)(g) Economic and other interests 17(1) A head may refuse to give access to a record that could reasonably be expected to disclose: … (g) information, the disclosure of which could reasonably be expected to result in an undue benefit or loss to a person. (2) A head shall not refuse, pursuant to subsection (1), to give access to a record that contains the results of product or environmental testing carried out by or for a local authority, unless the testing was conducted: (a) as a service to a person, a group of persons or an organization other than a local authority, and for a fee; or (b) as preliminary or experimental tests for the purpose of: (i) developing methods of testing; or (ii) testing products for possible purchase. 585 Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII) at [55] to [57].
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