Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 30 body would, in the future, obtain fair bids and a competitive bidding process. The Commissioner found that subsection 19(1)(c) did not apply to the hourly rates. In Review Report 236-2017, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy (subsection 19(1)(c)). An applicant made an access to information request to the Water Security Agency (WSA) for copies of a report of the standing of each firm who submitted quotes to WSA in response to a Request for Quotes. Upon review, the WSA asserted that if the quotes were released to the applicant, it would result in financial loss for the third parties and result in a competitive advantage. Relying on Review Reports 007-2015 and 195-2015 and 196-2015, the Commissioner found that the risk of being underbid by competitors for future contracts did not meet the threshold for this provision. Releasing costs would increase the chances that the public body would obtain fair bids and a competitive bidding process. Subsection 18(1)(c)(ii) Third party information 18(1) Subject to Part V and this section, a head shall refuse to give access to a record that contains: … (c) information, the disclosure of which could reasonably be expected to: (ii) prejudice the competitive position of; … a third party; … (2) A head may give access to a record that contains information described in subsection (1) with the written consent of the third party to whom the information relates. (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:
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