Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 5, Third Party Information. Updated 22 February 2023. 5 Proposals (RFPs) could constitute commercial information and be supplied explicitly in confidence if the RFP included a confidentiality clause.4 • Contractors setting out to win government contracts through a confidential bidding process should not expect that the monetary terms will remain confidential if the bid succeeds. The public’s right to know how government spends public funds as a means of holding government accountable for its expenditures is a fundamental notion of responsible government that is known to all.5 Contracts • Third parties and businesses need to know when they deal with local authorities, supported by tax dollars, that their contract will probably be released. No confidentiality clause, however well drafted, can override the law (i.e., LA FOIP).6 • An agreement where the local authority contributed significantly to its terms would not qualify under for exemption from release under subsection 18(1) of LA FOIP because it is the result of negotiation between the parties and was also largely based on the criteria set out by the local authority in its request for proposals.7 Subsection 18(1)(a) In Canadian Bank Note Limited v. Saskatchewan Government Insurance, (2016), Justice Zarzeczny found that unit prices in a contract between Saskatchewan Government Insurance and a third party did not qualify as a trade secret. Subsection 18(1)(c)(ii) Asserting disclosure would create a more competitive environment does not give rise to a reasonable expectation 4 Office of the Saskatchewan Information and Privacy Commissioner (SK OIPC) Review Reports 0112018 at [21], 103-2022 at [34] to [41], 031-2015 at [10] to [28], and 020-2016 at [4] to [12]. 5 Canada (Minister of Public Works and Government Services) v. Hi-Rise Group Inc., 2004 FCA 99 (CanLII) at [37] and [42]. 6 SK OIPC blog by Commissioner Kruzeniski, Confidentiality Clauses in Contracts, September 5, 2017. 7 Adapted from SK OIPC Review Reports F-2005-003 at [17] to [19] and LA-2011-001 at [97].
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