Access To Information And Confidential Information In Municipal Contracts

In a recent order of the Office of the Information and Privacy Commissioner of Ontario, an adjudicator concluded that confidential information included in a contract was not "supplied" to the municipality and, therefore, must be disclosed in response to an access to information request.

Subsection 10(1) of the Municipal Freedom of Information and Protection of Privacy Act (Ontario) protects informational assets of third parties contracting with municipalities in Ontario. Subsection 10(1) provides, among other things, that a record that reveals technical, commercial, or financial information of a third party is exempt from disclosure under an access to information request under certain circumstances. The information will be exempt from disclosure if the information is supplied in confidence by the third party and could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual negotiations of a person or