Guide to FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 114 Employment reference means personal information that is evaluative, or opinion material compiled solely for the purpose of describing an individual’s suitability, eligibility or qualifications for employment.175 Award means to give or to order to be given as a payment, compensation or prize; to grant; to assign.176 Benefit means a favourable or helpful factor or circumstance; advantage, profit.177 Other benefits refer to benefits conferred by a government institution through an evaluative process. The term includes research grants, scholarships and prizes. It also includes appointments required for employment in a particular job or profession such as a bailiff or special constable.178 Employee of a government institution means an individual employed by a government institution and includes an individual retained under a contract to perform services for the government institution.179 The personal information must have been compiled solely for one of the enumerated purposes to qualify. 3. Was the personal information provided explicitly or implicitly in confidence? In confidence usually describes a situation of mutual trust in which private matters are relayed or reported. Information provided in confidence means that the supplier of the information has stipulated how the information can be disseminated.180 In order for confidence to be found, there must be an implicit or explicit agreement or understanding of confidentiality on the part of both the government institution and the party providing the information.181 175 The Freedom of Information and Protection of Privacy Regulations, c. F-22.01 Reg. 1, s. 2(1)(b). 176 AB IPC, Order 98-021 at p.5. 177 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 178 Service Alberta, FOIP Guidelines and Practices, 2009 Edition, Chapter 4 at p. 141. 179 The Freedom of Information and Protection of Privacy Act [S.S. 1990-91, c. F-22.01 as am], s. 2(1)(b.1). 180 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 104, SK OIPC Review Reports F-2006-002 at [51], H-2008-002 at [73], ON IPC Order MO-1896 at p. 8. 181 SK OIPC Review Reports F-2006-002 at [52], LA-2013-002 at [57]; ON IPC Order MO-1896 at p. 8.

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