Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 10 (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. Section 18 of LA FOIP is a mandatory, class-based and harm-based provision, meaning, it contains both class and harm based exemptions. As a mandatory provision, the local authority has no, or more limited, discretion regarding whether or not to apply the exemption. That is, if the information is covered by the exemption and the conditions for the exercise of discretion do not exist, then it must not be disclosed. LA FOIP defines a third party as a person, including an unincorporated entity, other than an applicant or a local authority.14 A “government institution”, as defined under subsection 2(1)(d) of The Freedom of Information and Protection of Privacy Act, can also qualify as a third party for purposes of LA FOIP.15 The provision is intended to protect the business interests of third parties and to ensure that local authorities are able to maintain the confidentiality necessary to effectively carry-on business with the private sector.16 Local authorities often collect a wide range of information from third parties. This information may be submitted voluntarily, such as in a bid for a contract, or submitted as required by law, such as for proof of regulatory compliance. There is a compelling need to protect information 14 The Local Authority Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. L-27.1 at subsection 2(k). 15 SK OIPC Review Report 080-2018 at [51] and [52]. 16 Office of the Nunavut Information and Privacy Commissioner (NU IPC) Review Report 03-08 at p. 7.
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