Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 15 The following three-part test can be applied:24 1. Is the information financial, commercial, scientific, technical or labour relations information of a third party? Financial information is information regarding monetary resources, such as financial capabilities, assets, and liabilities, past or present. Common examples are financial forecasts, investment strategies, budgets, and profit and loss statements. The financial information must be specific to a third party.25 Commercial information is information relating to the buying, selling or exchange of merchandise or services. This can include third party associations, past history, references and insurance policies and pricing structures, market research, business plans, and customer records.26 Types of information included in the definition of commercial information can include: • Offers of products and services a third-party business proposes to supply or perform; • A third-party business’ experiences in commercial activities where this information has commercial value; • Terms and conditions for providing services and products by a third party; • Lists of customers, suppliers or sub-contractors compiled by a third-party business for its use in its commercial activities or enterprises - such lists may take time and effort to compile, if not skill; • Methods a third-party business proposes to use to supply goods and services; and • Number of hours a third-party business proposes to take to complete contracted work or tasks.27 Scientific information is information exhibiting the principles or methods of science. The information could include designs for a product and testing procedures or methodologies.28 It is information belonging to an organized field of knowledge in the natural, biological, or 24 MCCreary J. used this three-part test in Seon v Board of Education of the Regina Roman Catholic School Division NO. 81, 2018 SKKB 166 at [9]. 25 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 103. Definition first relied on in SK OIPC Review Report F-2005-003 at [23]. 26 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 102. 27 Office of the British Columbia Information and Privacy Commissioner (BC IPC) Order F05-09 at [9]. First cited in SK OIPC Review Report 019-2014 at [35]. 28 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4, p. 191. Definition first relied on for third party exemption in SK OIPC Review Report F-2006-002 at [85].
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