Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 89 • The names of individuals to whom hunting licenses have been issued229 Discretionary benefits: Discretionary means a choice given to a decision-maker as to whether, or how, to exercise a power.230 Involves the exercise of judgement and choice.231 Benefit means an advantage or profit gained from something.232 Benefit connotes some advantage or betterment.233 A favourable or helpful factor or circumstance.234 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”.235 This provision does not apply to background personal information required by the local authority or provided voluntarily by an individual applying for the licence, permit or other similar discretionary benefit. This is supported by subsection 23(3) of LA FOIP which states this type of background information provided by an individual is personal information: 23(3) Notwithstanding clauses 2(d) and (e), “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). 229 British Columbia Government Services, FOIPPA Policy and Procedures Manual at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/disclosure-harmful-personal-privacy. Accessed April 29, 2020. 230 AB IPC Order 98-014 at [16]. 231 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 586. 232 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 126, (Oxford University Press). 233 Hans v. STU, 2016 NBKB 49 (CanLII) at [29]. 234 SK OIPC Review Reports LA-2009-001 at [90] to [92] and 082-2017 at [18]. 235 AB IPC Order 98-014 at [16].
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