This includes discussions about information that:
• Falls into one of the listed types: trade secret, scientific, technical, commercial, financial, or labour relations information;
• Was supplied confidentially, whether explicitly or implicitly, to the municipality by a third party; and
• If disclosed, could reasonably be expected to cause harm, either by prejudicing significantly the competitive position or interfering significantly with the contractual or other negotiations of a person, group of persons or organization
This does not include discussions:
• Where the information did not come from a third party
• Where there is only a merely possible or speculative risk of harm if the information were to be disclosed
This exception was introduced on January 1, 2018, through changes to the Municipal Act, 2001.
May 12, 202112 May 2021
The Ombudsman reviewed a closed session meeting held by the City of Greater Sudbury where council discussed a project proposed by a third party. Council received confidential commercial and financial information belonging to third parties. As the proposed project remained ongoing, this information could have prejudiced the parties’ competitive position and negotiations if it were disclosed. Accordingly, the Ombudsman found that this topic fit within the exception.
October 03, 201903 October 2019
The Ombudsman reviewed the in camera session of the meeting of the Committee of the Whole for the Municipality of St.-Charles, in which documents and recommendations about the municipality’s finances were discussed. The council discussed a document containing a watermark indicating that it was “supplied in confidence” to the municipality by a consultant. The Ombudsman found the document summarized and analyzed information about the municipality, and was marked “in confidence” because it was created by a third party and given to the municipality. Section 239(2)(i) is intended to protect confidential information about a third party. Therefore, the discussion of this report marked “in confidence” did not fit within the information supplied in confidence exception.