Can copies of contracts with consultants, engineers, contractors be released in response to a FOIP request?
Yes, copies of contracts can be disclosed after they have been awarded, on the principal that the public has the right to know who has been engaged to do work for the Institute and how much is being paid for the work. However, some information in the contract, or in supplementary documentation, must be withheld if it meets the three-part test in Section 16 for harm to business interests of the contractor. Information may also be withheld if the Institute can show that its disclosure could reasonably harm its economic interests, result in financial loss, prejudice the Institute’s competitive position or interfere with negotiations. (Section 26)] Examples of such information might include unit pricing; actual wages paid to employees of the contractor or proprietary information. The FOIP Coordinator should always be consulted prior to disclosure of a contract or supplementary documentation to a third party.
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