Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 170 (a) disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure could reasonably be expected to clearly outweigh in importance any: (i) financial loss or gain to; (ii) prejudice to the competitive position of; or (iii) interference with contractual or other negotiations of; a third party. Section 18 of LA FOIP is a mandatory, class-based and harm-based provision, meaning, it contains both class and harm based exemptions. As a mandatory provision, the local authority has no, or more limited, discretion regarding whether or not to apply the exemption. That is, if the information is covered by the exemption and the conditions for the exercise of discretion do not exist, then it must not be disclosed. LA FOIP defines a third party as a person, including an unincorporated entity, other than an applicant or a local authority.608 A “government institution”, as defined under subsection 2(1)(d) of The Freedom of Information and Protection of Privacy Act, can also qualify as a third party for purposes of LA FOIP.609 The provision is intended to protect the business interests of third parties and to ensure that local authorities are able to maintain the confidentiality necessary to effectively carry on business with the private sector.610 Local authorities often collect a wide range of information from third parties. This information may be submitted voluntarily, such as in a bid for a contract, or submitted as required by law, such as for proof of regulatory compliance. There is a compelling need to protect information that is provided to the local authority by third parties if the information falls within one of the enumerated exemptions under section 18 of LA FOIP.611 608 The Local Authority Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. L-27.1 at subsection 2(1)(k). 609 SK OIPC Review Report 080-2018 at [51] and [52]. 610 NU IPC Review Report 03-08 at p. 7. 611 Adapted from the Information Commissioner of Canada’s 2017-2018 Annual Report, Investigation Highlights, Section 20 – Third Party Information. Available at https://www.oicci.gc.ca/en/resources/reports-publications/2017-2018-investigation-highlights#h3. Accessed July 22, 2019.
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