Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 14 the public interest in disclosure is addressed on a case-by-case basis only in connection with two exemptions in LA FOIP.28 These are subsections 18(3), and 28(2)(n). The purpose of adding a public interest override includes promoting democracy by increasing public participation. When considering a public interest override, the local authority should create a list of factors in favour of withholding and public interest factors for releasing. This will help when it comes to assessing the relative weight of the factors.29 Generally, a local authority should not consider factors such as embarrassment, loss of confidence in the government, potential misunderstanding or that release could result in unnecessary confusion and debate.30 Subsection 18(3) Third party information 18(3) Subject to Part V, a head may give access to a record that contains information described in clauses 1(b) to (d) if: (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. Subsection 18(3) of LA FOIP is a discretionary provision for the release of third party information in circumstances where the head of the local authority forms the opinion that disclosure “could reasonably be in the public interest as it relates to public health, public 28 Government of Canada, Department of Justice, Resource, Strengthening the Access to Information Act, https://www.justice.gc.ca/eng/rp-pr/csj-sjc/atip-aiprp/atia-lai/p5.html, accessed June 7, 2019. 29 Office of the Newfoundland and Labrador Information and Privacy Commissioner (NFLD IPC), Resource, Guidelines for Public Interest Override at pp. 2 and 3. 30 NFLD IPC Resource, Guidelines for Public Interest Override at pp. 2 and 3.
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