Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 183 IPC Findings In Review Report 156-2019, 006-220, the Commissioner considered subsection 18(1)(b) of LA FOIP. An applicant made a request to the RM of Enniskillen (the RM) for official survey plans submitted to council. The RM withheld portions of the record pursuant to subsection 18(1)(b) of LA FOIP. While the RM stated that the record in question was supplied to it in confidence by the third party, the third party indicated that it consented to the release of the record. Because the RM did not explain how the information was supplied to it in confidence, the Commissioner determined that he was not persuaded that the third party was precluded from waiving any confidentiality. In Review Report 108-2019, the applicant submitted an access to information request to the City of Regina (the City) regarding a certain parcel of land. The City applied subsection 18(1)(b) of LA FOIP to portions of the record, citing two third parties. The City and the third party submitted that the information at question qualified as commercial information. Both the City and the third party asserted the information had been supplied implicitly in confidence because of ongoing commercial negotiations, but the third parties involved did not provide specific information with respect to the ongoing negotiations. As well, the City did not provide a timeline indicating at what point in the application process each record was received. Thus, while the Commissioner found that some of the information in the records qualified as commercial information, the Commissioner was not persuaded that the information was supplied in confidence based on a lack of supporting evidence by the third parties and the City. Subsection 18(1)(c) Third party information 18(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: … (c) information, the disclosure of which could reasonably be expected to: (i) result in financial loss or gain to; (ii) prejudice the competitive position of; or (iii) interfere with the contractual or other negotiations of; a third party; or
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