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. 74 times individuals went to their workplaces constitute information about the position and was not personal information. In Review Report 173-2018, the Commissioner found that severance payments did not qualify as a discretionary benefit. In coming to this finding, the Commissioner considered several court decisions including Hans v. STU, 2016 NBKB 49 (CanLII). Severance payments arise in contemplation of the termination of employment. They are characterized as “pay in lieu of notice” and their essential character is that of damages. The Commissioner still recommended Meewasin Valley Authority consider disclosure of the severance payment pursuant to subsection 29(2)(o) of FOIP (public interest override). Subsection 24(2)(b) Interpretation 24(2) “Personal information” does not include information that discloses: … (b) the salary or benefits of a legislative secretary or a member of the Executive Council; Salary means an agreed upon compensation for services usually paid at regular intervals on a yearly basis as distinguished from an hourly basis.209 A fixed regular payment made by an employer to an employee.210 Benefit means an advantage or profit gained from something.211 Benefit connotes some advantage or betterment.212 A favourable or helpful factor or circumstance.213 Legislative Secretary means a legislative secretary appointed pursuant to section 7 of The Executive Government Administration Act.214 Section 7 provides: 209 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1603. 210 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 22. 211 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 126, (Oxford University Press). 212 Hans v. STU, 2016 NBKB 49 (CanLII) at [29]. 213 SK OIPC Review Reports LA-2009-001 at [90] to [92] and 082-2017 at [18]. 214 The Executive Government Administration Act, SS 2014, c E-13.1 at subsection 2(d).