Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 39 competition for the third party which might flow from disclosure”.93 Further, a distinction must be drawn between actual contractual negotiations and the daily business operations of a third party.94 When determining whether disclosure could interfere with contractual or other negotiations of a third party, the following questions can be asked to assist:95 • What negotiations would be affected by disclosure. • Are these negotiations ongoing. • Have the negotiations been concluded. • What stage are the negotiations at. • How long have they been going on. • What is the subject matter of the negotiations. • How would disclosure specifically interfere with the negotiations. • Does the information relate to an outstanding issue in the negotiations. If so, how would disclosure interfere with negotiations on this issue. • Does the information relate to issues already resolved in the negotiations. • Would disclosure cause the issue to be reopened. Why. • Would it otherwise interfere with negotiations How. • Is the information current. How old is the information. • Does it relate to events prior to the negotiations. • Does the other side of the negotiations already have this information. If not, have they asked for it. • Is the information commonly known in the industry. • Is the information reasonably available elsewhere. If so, how would disclosure interfere with negotiations.96 Examples of information to which this exemption may apply include negotiating positions, options, instructions, pricing criteria and points used in negotiations. 93 Société Gamma Inc. v. Canada (Department of the Secretary of State), (April 27, 1994), T-1587-93, T1588-93 (F.C.T.D.) at [10]. 94 Canada (Information Commissioner) v. Canada (Minister of External Affairs) (T.D.), [1990] 3 FC 665, 1990 CanLII 7951 (FC) at [24]. 95 Adapted from Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 20(1)(c) & (d): Questions. Available at https://www.oic-ci.gc.ca/en/investigators-guideinterpreting-act/section-201cd-questions. Accessed August 29, 2019. 96 Information Commissioner of Canada, Investigator’s Guide to Interpreting the Act, Section 20(1)(c)&(d): Questions, available at https://www.oic-ci.gc.ca/en/investigators-guide-interpretingact/section-201cd-questions. Accessed July 19, 2019.
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