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. 85 Discretionary benefits 13 For purposes of clause 24(2)(f) of the Act, “discretionary benefit of a financial nature” does not include a payment made pursuant to: (a) section 13 of The Saskatchewan Assistance Act; (b) section 94, 95 or 97 of The Child Care Regulations, 2015. This provision does not apply to discretionary benefits that are received by an officer, employee, or member of the staff of a member of the Executive Council since these benefits are covered by subsection 24(2)(a) of FOIP. This provision does not apply to background personal information required by the government institution or provided voluntarily by an individual applying for the benefit.257 This is supported by subsection 24(3)(a) and (b) of FOIP which states that this type of information is still personal information in spite of subsections 24(2)(e) and (f) of FOIP: Interpretation 24(3) Notwithstanding clauses 2(e) and (f), “personal information” includes information that: (a) is supplied by an individual to support an application for a discretionary benefit; and (b) is personal information within the meaning of subsection (1). IPC Findings In Review Report 082-2017, the Commissioner found that the compensation amounts paid to a former contracted employee (independent contractor) found on an invoice was not personal information pursuant to the equivalent subsection of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) (s. 23(2)(e)). The subtotal, GST amount and balance due were also found to not qualify as personal information pursuant to subsection 23(2)(e) of LA FOIP. In Review Report 158-2018, the Commissioner found that scholarship amounts constituted details of a discretionary benefit of a financial nature paid to students by the University of Regina. As such, the scholarship amounts were not personal information pursuant to the 257 SK OIPC Review Report LA-2008-001 at [92] to [93]. See also Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 26.