Manual

Relations with Other Governments s.15 FIPPA / s.9 MFIPPA

Summary

This section provides a discretionary exemption where disclosure of a record could reasonably be expected to prejudice the conduct of intergovernmental relations or reveal information received in confidence from another government.

"Other governments" include the:

• Government of Canada;

• Government of Ontario (for MFIPPA institutions);

• Another provincial or territorial government;

• A government of a foreign country or state; or

• An international organization of states (e.g. United Nations).

This section also applies to records received in confidence from agencies or boards of these governments. For example, the Royal Canadian Mounted Police is an agency of the federal government. Municipal and regional police services are law enforcement agencies of the Government of Ontario, because the Police Services Act (PSA) is the governing legislation with respect to police services in Ontario and the PSA is administered by the Solicitor General of Ontario. Further, this subsection requires the relations in question to be intergovernmental rather than relations among agencies of the same government.

For this exemption to apply, a three-part test must be met: 1) the records must reveal information received from another government or its agencies; 2) the information must have been received by an institution; and 3) the information must have been received in confidence.

This exemption requires that there be a reasonable expectation of harm and the institution is expected to establish a clear and direct linkage between the disclosure of the information and the harm alleged. The expectation that disclosure of a record could prejudice the conduct of intergovernmental relations or reveal information received in confidence by the institution from another government or its agencies, must not be fanciful, imaginary or contrived, but rather one that is based on reason.

The compelling public interest provision in s.23 FIPPA / s.16 MFIPPA applies to this exemption. However, FIPPA institutions must obtain the approval of the Executive Council (Cabinet) before disclosing any information to which this exemption applies.

Differences Between FIPPA and MFIPPA

There are some differences in the wording and provisions of this exemption between the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). For example:

Section 9 (2) MFIPPA explicitly states that local institutions shall disclose a record to which the exemption applies if the government, agency or organization from which the record was received consents to the disclosure. There is no similar expressed provision in s. 15 FIPPA.

This exemption does not apply to records received in confidence by one municipality/local board from another municipality/local board. The Act provides that an access request can be transferred to the originating municipality or local board if that institution has a greater interest in the records Chapter 3 (Access Procedures) for a discussion on this transfer provision.

Prejudice to Intergovernmental Relations

s.15 (a) FIPPA

This exemption applies if there is a reasonable expectation of prejudice to the conduct of intergovernmental relations. "Intergovernmental" extends to the relationship that the Government of Ontario or an institution has with other governments. The term "relations" includes not only current negotiations, but general and ongoing exchanges with other governments.

Confidential Information

s.15 (b) and (c) FIPPA / s.9(1) MFIPPA

The purpose of this exemption is to ensure that governments under MFIPPA/FIPPA will continue to obtain access to records which other governments could otherwise be unwilling to supply without having this protection from disclosure. In order for this provision to apply, the case for confidentiality must be made by the supplying government, not the receiving government.

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