Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 184 3. Was the information supplied in confidence implicitly or explicitly? Supplied means provided or furnished.640 In confidence usually describes a situation of mutual trust in which private matters are relayed or reported. Information obtained in confidence means that the supplier of the information has stipulated how the information can be disseminated.641 In order for confidence to be found, there must be an implicit or explicit agreement or understanding of confidentiality on the part of both the local authority and the third party providing the information.642 Implicitly means that the confidentiality is understood even though there is no actual statement of confidentiality, agreement or other physical evidence of the understanding that the information will be kept confidential.643 Explicitly means that the request for confidentiality has been clearly expressed, distinctly stated or made definite. There may be documentary evidence that shows that the information was supplied on the understanding that it would be kept confidential.644 In order for subsection 18(1)(b) of LA FOIP to apply, a local authority must show that both parties intended the information be held in confidence at the time the information was supplied.645 The expectation of confidentiality must be reasonable and must have an objective basis.646 Whether the information is confidential will depend upon its content, its purposes, and the circumstances in which it was compiled or communicated (Corporate Express Canada, Inc. v. The President and Vice Chancellor of Memorial University of Newfoundland, Gary Kachanoski, (2014)). 640 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions#supplied. Accessed August 21, 2019. 641 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 104, SK OIPC Review Reports F-2006-002 at [51], H-2008-002 at [73], ON IPC Order MO-1896 at p. 8. 642 SK OIPC Review Reports F-2006-002 at [52], LA-2013-002 at [57], ON IPC Order MO-1896 at p. 8. 643 SK OIPC Review Reports F-2006-002 at [57], F-2009-001 at [62], F-2012-001/LA-2012-001 at [29], LA-2013-002 at [49], F-2014-002 at [47]. 644 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, pp. 104 to 105. 645 SK OIPC Review Reports 158-2016 at [37] and 203-2016 at [28]. 646 SK OIPC Review Reports F-2012-001/LA-2012-001 at [32], LA-2013-002 at [49], ON IPC Orders PO2273 at p. 7 and PO-2283 at p. 10.
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