Records created during negotiations not “supplied” by third parties

Complaint: Telefilm Canada refused to release large sections of the service agreement between it and the Canadian Television Fund because they contained third-party information.

Investigation: The OIC found that Telefilm Canada could not show it had properly withheld the third-party information under subsection 20(1). The information was neither financial, commercial, scientific nor technical. Likewise, the institution could not show that the third party supplied the information, as the provision requires.

Outcome: Telefilm Canada released the third-party information in response to a recommendation from the Information Commissioner.

Information Commissioner’s position

  • Records that result from contract negotiations and that are included in a contract cannot be considered to have been supplied by a third party.
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