If a municipality receives a FOIP request for copies of contracts with consultants, engineers or other contractors, would the municipality release the records?
• Not entirely. Copies of contracts can be disclosed after they have been awarded, on the premise that the public has the right to know who has been engaged to do work for the municipality 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 of the FOIP Act for harm to business interests of the contractor. • Information may also be withheld if the local government body can show that its disclosure could reasonably harm its economic interests, result in financial loss or interfere with negotiations (section 25 of the FOIP Act). • Examples of information that might be withheld include unit pricing, actual wages paid to employees of the contractor or proprietary information (e.g. trade secrets).
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