Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 81 The definition of personal information does not include certain employment related information about officers or employees of a local authority. When information does not constitute personal information, the rules under Part IV of LA FOIP do not apply. Classification means a category into which something is put.196 Salary means an agreed upon compensation for services usually paid at regular intervals on a yearly basis as distinguished from an hourly basis.197 A fixed regular payment made by an employer to an employee.198 Discretionary benefits: Discretionary means a choice given to a decision-maker as to whether, or how, to exercise a power.199 Involves the exercise of judgement and choice.200 Benefit means an advantage or profit gained from something.201 Benefit connotes some advantage or betterment.202 A favourable or helpful factor or circumstance.203 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”.204 Employment responsibilities encompasses those duties that an individual is charged with performing as an officer or employee of the local authority.205 A job title or position is information about employment responsibilities.206 Employee is defined at subsection 2(b.1) of LA FOIP as “an individual employed by a local authority and includes an individual retained under a contract to perform services for the local authority”. 196 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 263, (Oxford University Press). 197 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1603. 198 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 22. 199 AB IPC Order 98-014 at [16]. 200 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 586. 201 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 126, (Oxford University Press). 202 Hans v. STU, 2016 NBKB 49 (CanLII) at [29]. 203 SK OIPC Review Reports LA-2009-001 at [90] to [92] and 082-2017 at [18]. 204 AB IPC Order 98-014 at [16]. 205 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 22. 206 AB IPC Orders 2001-020 at [24] and F2003-002 at [25].
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