Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 214 Clear means free from doubt; sure; unambiguous.719 Use of the word “clearly” means the test is rigorous, limiting the applicability of the public interest “override”.720 Outweigh means to be of more importance or value than something else.721 In determining if the public interest clearly outweighs in importance the financial loss or gain, competitive prejudice or interference in negotiations of a third party, the following can be considered:722 • Quantify the financial loss or gain, prejudice to competitive position or degree of interference in negotiations of the third party. • In the case of information described in subsection 18(1) of LA FOIP, what degree of importance is attached to keeping the information confidential. • What is the nature of the relationship between the local authority and the third party; i.e., why did the third party supply the information to the local authority. o Voluntary. If so, what were the circumstances. o Mandatory. • Describe any chilling effect of disclosure, if any. • Describe any impact on the local authority or duty it has to maintain information in a confidential fashion. • What factors did the local authority consider in assessing whether subsection 18(3) of LA FOIP applies. 719 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 317. 720 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.11. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed September 4, 2019. 721 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1330. 722 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 20(2), (5), (6): Questions – Disclosure Authorized in Public Interest. Available at https://www.oicci.gc.ca/en/investigators-guide-interpreting-act/section-20256-questions-disclosure-authorizedpublic-interest. Accessed September 4, 2019.
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