Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 11 that is provided to the local authority by third parties if the information falls within one of the enumerated exemptions under section 18 of LA FOIP.17 Although local authorities need to be open and accountable, they also need to conduct business and enter into business relationships; in so doing, they must be able to assure their private sector partners that their trade secrets and commercial and financial secrets will not be readily disclosed to competitors and the public.18 The leading case authority in terms of third party information is Merck Frosst Canada Ltd. v. Canada (Health), (2012). At paragraph [23], the court recognized that a balance must be struck between the private interests of third parties and the public interest in the disclosure of information. The court commented: [23] Nonetheless, when the information at stake is third party, confidential commercial and related information, the important goal of broad disclosure must be balanced with the legitimate private interests of third parties and the public interest in promoting innovation and development. The Act strikes this balance between the demands of openness and commercial confidentiality in two main ways. First, it affords substantive protection of the information by specifying that certain categories of third party information are exempt from disclosure. Second, it provides procedural protection. The third party whose information is being sought has the opportunity, before disclosure, to persuade the institution that exemptions to disclosure apply…19 Third parties doing business with public institutions must understand that certain information detailing the expenditure of public funds might be disclosed.20 Third parties should be aware that the right of access to information under a local authority’s control is available to every member of the public and cannot be restricted by considerations 17 Adapted from the Information Commissioner of Canada’s 2017-2018 Annual Report, Investigation Highlights, Section 20 – Third Party Information. Available at https://www.oicci.gc.ca/en/resources/reports-publications/2017-2018-investigation-highlights#h3. Accessed July 22, 2019. 18 Office of the Northwest Territories Information and Privacy Commissioner (NWT IPC) Review Report 04-043 at p. 4. 19 Quoted by Justice Zarzeczny in Canadian Bank Note Limited v Saskatchewan Government Insurance, 2016 SKKB 362 (CanLII) at [28]. 20 Office of the Ontario Information and Privacy Commissioner (ON IPC) Order PO-3845 at [62].
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