If a Metis settlement receives a FOIP request for copies of contracts with consultants, engineers or other contractors, could the Metis settlement release the records?
• Under section 44 of the MSA, copies of contracts entered into by the settlement must be posted for 15 days unless the settlement council makes an exception to this. This is consistent with the premise that the public has a right to know who has been engaged to do work for the settlement and how much is being paid for the work. • The exceptions in section 44(2) include the kinds of information that would be withheld under section 16 of the FOIP Act. Under section 16, if information in the contract or in supplementary documentation meets the three-part test in section 16 for harm to business interests of the contractor, it could not be disclosed in response to a FOIP request. • Information may also be withheld if the settlement can show that its disclosure could reasonably harm its economic interests, result in financial loss or interfere with negotiations (section 25). This is also consistent with the exceptions to posting documents in section 44 of the MSA. • Examples of information
