Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 72 of a member of the Executive Council. When information does not constitute personal information, the rules under Part IV of FOIP do not apply. Classification means a category into which something is put.197 Salary means an agreed upon compensation for services usually paid at regular intervals on a yearly basis as distinguished from an hourly basis.198 A fixed regular payment made by an employer to an employee.199 Discretionary benefits: Discretionary means a choice given to a decision-maker as to whether, or how, to exercise a power.200 Involves the exercise of judgement and choice.201 Benefit means an advantage or profit gained from something.202 Benefit connotes some advantage or betterment.203 A favourable or helpful factor or circumstance.204 In order for a benefit to be discretionary, the decision-maker must have a choice as to whether, or how, to grant the benefit. There must not be a duty to grant the “benefit”.205 Employment responsibilities encompasses those duties that an individual is charged with performing as an officer or employee of the government institution or a member of the staff of a member of the Executive Council.206 A job title or position is information about employment responsibilities.207 Employee is defined at subsection 2(1)(b.1) of FOIP as “an individual employed by a government institution and includes an individual retained under a contract to perform services for the government institution”. 197 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 263, (Oxford University Press). 198 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1603. 199 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 22. 200 AB IPC Order 98-014 at [16]. 201 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 586. 202 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 126, (Oxford University Press). 203 Hans v. STU, 2016 NBKB 49 (CanLII) at [29]. 204 SK OIPC Review Reports LA-2009-001 at [90] to [92] and 082-2017 at [18]. 205 AB IPC Order 98-014 at [16]. 206 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 22. 207 AB IPC Orders 2001-020 at [24] and F2003-002 at [25].

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