Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 49 Clearly means visible, unmistakable…beyond a question or beyond a reasonable doubt; honestly, straightforwardly, and frankly; plainly.124 Use of the word “clearly” means the test is rigorous, limiting the applicability of the public interest “override”.125 Outweigh means to be of more importance or value than something else.126 In determining if the public interest clearly outweighs in importance the financial loss or gain, competitive prejudice or interference in negotiations of a third party, the following can be considered:127 • Quantify the financial loss or gain, prejudice to competitive position or degree of interference in negotiations of the third party. • In the case of information described in subsection 18(1) of LA FOIP, what degree of importance is attached to keeping the information confidential. • What is the nature of the relationship between the local authority and the third party; i.e., why did the third party supply the information to the local authority. o Voluntary If so, what were the circumstances o Mandatory • Describe any chilling effect of disclosure, if any. • Describe any impact on the local authority or duty it has to maintain information in a confidential fashion. • What factors did the local authority consider in assessing whether subsection 18(3) applies. • Why did the local authority decide not to disclose pursuant to subsection 18(3). 124 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 125 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. 126 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1330. 127 Information Commissioner of Canada resource, Investigator’s Guide to Interpreting the Act, Section 20(2), (5), (6): Questions – Disclosure Authorized in Public Interest. Available at https://www.oicci.gc.ca/en/investigators-guide-interpreting-act/section-20256-questions-disclosure-authorizedpublic-interest. Accessed September 4, 2019.
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