Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 45 information pursuant to one of the subsections outlined at 18(1) of LA FOIP. If it is, then consider subsection 18(3). To properly apply the provision, local authorities should do the following:114 i) Determine whether the information qualifies or might qualify for exemption pursuant to subsection 18(1). The public interest “override” comes into play only when all or part of a record falls within one or more of the classes of records described in subsection 18(1). ii) Determine whether the record is related to public health, public safety, or protection of the environment. When undertaking the initial review of records, consider immediately whether a public interest “override” may come into play. iii) Consider whether disclosure of the record related to public health, public safety, or protection of the environment may be in the public interest. iv) Send a notice to the third party pursuant to section 33 of LA FOIP. If the records are related to public health, public safety, or protection of the environment, local authorities should ask the third party to provide not only representations as to why they consider the information to be exempted from disclosure, but also reasons why disclosure in the public interest should not outweigh in importance the injury involved. The local authority should be very clear about the type of information needed from the third party to make a decision. v) Analyze the representations of the third party. Once the representations have been received, local authorities should thoroughly analyze the arguments presented by the third party to justify subsection 18(1) exemptions. If the local authority accepts the third party’s representations as substantiating an exemption under subsection 18(1) of LA FOIP, it must then consider the representations made against disclosure in the public interest. 114 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.11. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed September 4, 2019.
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