Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 17 2. Was the information supplied by the third party to a local authority? Supplied means provided or furnished.34 Information may qualify as “supplied” if it was directly supplied to a local authority by a third party, or where its disclosure would reveal or permit the drawing of accurate inferences with respect to information supplied by a third party.35 Information gathered by local authority inspectors via their own observations does not qualify as information “supplied” to the local authority. Judgements or conclusions expressed by officials based on their own observations generally cannot be said to be information supplied by a third party.36 Records can still be “supplied” even when they originate with the local authority (i.e., the records still may contain or repeat information extracted from documents supplied by the third party). However, the third party objecting to disclosure will have to prove that the information originated with it and that it is confidential.37 Whether confidential information has been “supplied” to a local authority by a third party is a question of fact. The content rather than the form of the information must be considered: the mere fact that the information appears in a local authority document does not, on its own, resolve the issue.38 The following are examples of information not supplied by a third party: • Information that reflects the viewpoints, opinions, or comments of local authority officials; • Reports resulting from factual observations made by local authority inspectors; and • The terms of a lease negotiated between a third party and a local authority.39 34 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions#supplied. Accessed August 21, 2019. 35 SK OIPC Review Reports F-2005-003 at [17], F-2006-002 at [40]. 36 Merck Frosst Canada Ltd. v. Canada (Health), [2012] 1 SCR 23, 2012 SCC 3 (CanLII) at [156] and [158]. 37 Merck Frosst Canada Ltd. v. Canada (Health), [2012] 1 SCR 23, 2012 SCC 3 (CanLII) at [157]. 38 Merck Frosst Canada Ltd. v. Canada (Health), [2012] 1 SCR 23, 2012 SCC 3 (CanLII) at [158]. 39 Halifax Developments Ltd. v. Minister of Public Works (994), F.C.J. No. 2035 (QL) (F.C.T.D.). Also, in Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.3. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed August 21, 2019.
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