Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 202 Pursuant to subsection 18(3) of LA FOIP, where a record contains third party information, the local authority can release it if disclosure is in the public interest and the information relates to public health, public safety or protection of the environment. In addition, the public interest clearly outweighs in importance any financial loss or gain, prejudice to competitive position or interference with contractual negotiations of the third party. For further guidance, see Subsection 18(3) of this Chapter. IPC Findings In Review Report 020-2016, the Commissioner considered subsection 18(1)(d) of LA FOIP. An applicant made an access to information request to the City of Lloydminster (City) for a copy of a proposal submitted by a third party for waste disposal services. The City withheld the proposal in full citing several provisions of LA FOIP including subsection 18(1)(d) of LA FOIP. Upon review, the Commissioner found that the portions being considered under subsection 18(1)(d) of LA FOIP was background information about the third party. The information did not relate to a specific financial account and did not appear to be a statement of any kind. Therefore, the Commissioner found that subsection 18(1)(d) of LA FOIP did not apply. Subsection 18(2) Third party information 18(2) A head may give access to a record that contains information described in subsection (1) with the written consent of the third party to whom the information relates. Subsection 18(2) of LA FOIP provides that the local authority may give access to a record that contains third party information if the third party consents in writing to disclosure. The provision is intended to prevent situations where the local authority would be under an obligation to withhold a record when the third party agreed to disclosure.706 706 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.10. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed November 19, 2019.
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