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. 88 Personal information can still be “supplied” even when the record originated with the government institution (i.e., records may contain or repeat personal information extracted from documents supplied by the individual).264 Application means a formal request to an authority.265 Discretionary benefits: Discretionary means a choice given to a decision-maker as to whether, or how, to exercise a power.266 Involves the exercise of judgement and choice.267 Benefit means an advantage or profit gained from something.268 Benefit connotes some advantage or betterment.269 A favourable or helpful factor or circumstance.270 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”.271 IPC Findings In Review Report 130-2015, the Commissioner considered the Ministry of Environment’s application of subsection 24(3)(a) of FOIP to a list of the names of eight companies and two individuals that submitted mineral exploration proposals to the Ministry of Environment. The Ministry of Environment asserted the proposals qualified as applications for discretionary benefits described in subsection 24(3)(a) of FOIP. The Commissioner found that in order for subsection 24(3) to apply, the criteria at both subsections (a) and (b) must apply. The Commissioner found that companies do not qualify as identifiable individuals so would not qualify as personal information as required by subsection 24(3)(b) of FOIP. Further, the Commissioner found that the mineral exploration proposals constituted work product and not personal information. Subsection 24(3) of FOIP was found to not apply. 264 Adapted from Merck Frosst Canada Ltd. v. Canada (Health), [2012] 1 SCR 23, 2012 SCC 3 (CanLII) at [157]. 265 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 64, (Oxford University Press). 266 AB IPC Order 98-014 at [16]. 267 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 586. 268 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 126, (Oxford University Press). 269 Hans v. STU, 2016 NBKB 49 (CanLII) at [29]. 270 SK OIPC Review Reports LA-2009-001 at [90] to [92] and 082-2017 at [18]. 271 AB IPC Order 98-014 at [16].