Office of the Chief Information and Privacy Officer

Location: MGS Home > Office of the Chief Information and Privacy Officer > Manual


	The Acts (FIPPA & MFIPPA)
	Regulations
	Resources
	The Annotation
	Orders
	Privacy Investigation Reports
	Judicial Review
	The Manual
	Privacy Impact Assessment
	FAQ
	Online Services
	Browse FIPPA Coordinators
	Training Schedule
	Ontario Privacy Statement
	About Us

Manual

Economic and Other Interests s.18 FIPPA / s.11 MFIPPA

This section contains the following topics:

Summary

Commercial Information

Personnel or Administration Plans

Policy Decisions / Unfair Advantage

Examination or Test Questions

Submissions Under the Municipal Boundary Negotiations Act

Exception ( FIPPA)

Summary

This section provides a discretionary exemption for certain proprietary information of institutions and the premature disclosure of certain plans or negotiating strategies. Information affecting the interests of third parties is covered by s.17 Freedom of Information and Protection of Privacy Act (FIPPA) / s.10 Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

Subsections 18(1)(a) through (g) FIPPA / s.11(a) through (g) MFIPPA set out the types of information and circumstances covered by this exemption. Subsection 18(2) FIPPA contains an exception to the exemption.

The compelling public interest provision in s.23 FIPPA / s.16 MFIPPA applies to this exemption. Where the head exercises his/her discretion to withhold the record, the head must consider whether the public interest in disclosure outweighs the need for confidentiality.

Commercial Information

s.18(1)(a) FIPPA / s.11(a) MFIPPA

This subsection allows the institution to refuse access to trade secrets, or financial, commercial, scientific or technical information belonging to an institution that has monetary value or potential

monetary value. The terms trade secrets, or financial, commercial, scientific or technical information have the same meaning as in s. 17 FIPPA / s. 10 MFIPPA. Having monetary value or potential monetary value means that the trade secret or information is or is potentially marketable. The information may belong to the institution with custody of the record or another institution. This exemption may not apply where the information in the record is in the public domain through a bona fide publication or court record.

Employee Research

s.18(1)(b) FIPPA / s.11(b) MFIPPA

This subsection exempts information obtained through research by an employee of an institution where the disclosure could reasonably be expected to deprive the employee of priority of publication. The employee must be able to establish his/her intention to publish the information.

Economic Interests

s.18(1)(c) FIPPA / s.11(c) MFIPPA

This subsection exempts information where the disclosure could reasonably be expected to prejudice the economic interests or competitive position of an institution.

"Economic interests" concern the production, distribution and consumption of goods and services. If it can be reasonably expected, for instance, that disclosure of certain information would cause an institution to pay a higher price for goods and services, that information may be exempt under this provision.

"Competitive position" applies only to those institutions engaged in the supply of goods and services on a competitive basis.

In applying this exemption, the institution must present evidence that is detailed and convincing and must describe a set of facts and circumstances that would lead to a reasonable expectation that harm would occur if the information were released. Generalized assertions of fact without sufficient evidence do not meet the test.

Financial Interests

s.18(1)(d) FIPPA / s.11(d) MFIPPA

This subsection exempts information where the disclosure could reasonably be expected to be injurious to an institution's financial interests (MFIPPA) or the Ontario Government's ability to manage the economy of Ontario. Financial interests refers to an institution's financial position, its ability to collect taxes and generate revenues, and its ability to protect its own interests in financial transactions with third parties, including other governments.

An institution's belief that it may be sued if records are disclosed is not sufficient to invoke this exemption. The exemption is based on reasonable expectations of injury and evidence is required to substantiate the assertion of injury.

Negotiating Strategy

s.18(1)(e) FIPPA / s.11(e) MFIPPA

An institution may refuse to disclose positions, plans, procedures, criteria, or instructions to be applied to any negotiations carried on, or to be carried on, by or on behalf of an institution. This exemption is intended to protect an institution's ability to negotiate effectively with other parties. It extends to options, fall-back positions and tactics developed as part of the negotiating process. It also applies to on-going or future negotiations.

"Negotiations" in this context means discussions and communications where the intent is to arrive at a settlement or agreement.

Personnel or Administration Plans

s.18(1)(f) FIPPA / s.11(f) MFIPPA

A head may refuse to disclose a record that contains plans relating to managing personnel or the administration of an institution that have not yet been put into operation or been made public. This exemption does not apply once a plan has been put into effect or publicly disclosed. The exemption is intended to cover an institution's internal management plans such as a reorganization, relocation, or creation of an agency prior to implementation. Typically, this exemption would apply to records containing detailed methods, schemes or designs that are characteristic of a plan, rather than records with advice for developing a plan, to resolve issues.

See also s.13(2)(i) and s.65(6)(3) FIPPA / s.7(2)(h) and s.52(3)(3) MFIPPA concerning proposals to change or establish a public program.

Policy Decisions/Unfair Advantage

s.18(1)(g) FIPPA / s.11(g) MFIPPA

This subsection exempts information such as proposed plans, policies or projects where disclosure could reasonably be expected to result in:

premature disclosure of a pending policy decision, or
undue financial benefit or loss to a person.

"Undue" means more than necessary, improper or unwarranted.

This is a time limited exemption in that it covers only proposed plans, policies or projects. It applies when one of the two specified results can reasonably be expected to occur due to the disclosure. There must be evidence to substantiate the assertion that one of the results would occur.

Examination or Test Questions

s.18(1)(h) FIPPA / s.11(h) MFIPPA

An institution may refuse to disclose questions that are to be used in an examination or test for an educational purpose. Once the question is no longer to be used in an exam or test, the exemption does not apply.

Questions for a job competition are not included in this exemption.

Submissions Under the Municipal Boundary Negotiations Act

s.18(1)(i) FIPPA / s.11(i) MFIPPA

This subsection exempts records containing submissions made under the Municipal Boundary Negotiations Act, by a party municipality or other body. This exemption is time limited and may be only be invoked until the matter, to which these submissions relate has been resolved under the Act.

Exception to Exemption for Economic and Other Interests (FIPPA)

S.18(2) FIPPA

This subsection is an exception to the subsection 18(1) exemption. It requires the disclosure of a record that contains the results of certain product or environmental testing. The testing can be carried out either by or for the institution (by another institution or person). The two circumstances when the head is not required to disclose are when:

the testing was done as a service to a person, a group of persons or an organization other than an institution for a fee (e.g., a commercial product test); or

the testing was preliminary or experimental for the purpose of developing methods of testing.

Disclosure of a report of a test carried out on a product for the purpose of the government equipment testing or consumer test report is discussed under subsection 13(2)(e).

Telephone Service: For general ministry information, call (416) 326-8555 or Toll free 1-800-268-1142 (in Ontario).
For consumer information and advice: (416) 326-8800 or Toll free1-800-889-9768.
TTY/Teletypewriter users only: (416) 325-3408 or Toll free 1-800-268-7095.

Please send your comments, feedback and inquiries to: Info.MGCS@ontario.ca

Privacy | External Links Disclaimer.