Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 87 unique personal services often make performance contracts. A contract that allows the contractor to choose the means to achieve the end result.220 It is important to determine if the relationship at issue is one of “employer-employee” on the one hand, or one of “fee-for-service” or “independent contractor” on the other. The Supreme Court of Canada has recently clarified the language - “contract of service” (employee) and “contract for services” (independent contractor) - to distinguish the two concepts.221 Subsection 23(2)(c) of LA FOIP covers only “contract for services” or “fee-for-service” relationships as employment relationships are already covered under subsection 23(2)(a) of LA FOIP and would result in redundancy in the Act.222 Subsection 23(2)(c) of LA FOIP supports the policy goal of transparency for expenditures of public funds for employment and the purchase of services.223 IPC Findings As of the date of this Chapter, no reports have been issued on this provision. Subsection 23(2)(d) Interpretation 23(2) “Personal information” does not include information that discloses: … (d) details of a licence, permit or other similar discretionary benefit granted to an individual by a government institution; Details means a number of particulars; an aggregate of small items.224 220 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 408 and 409. 221 AB IPC Order F2004-014 at [26]. See also ON IPOC Orders M-373, M-498 and 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59 (CanLII), [2001] 2 SCR 983 at [41]. 222 See AB IPC Order F2004-014 at [32]. 223 AB IPC Order F2004-014 at [38]. 224 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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