Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 91 third party’s name, the reasons for providing the benefit and any consideration given to the local authority in exchange for granting the benefit.237 Discretionary benefits: Discretionary means a choice given to a decision-maker as to whether, or how, to exercise a power.238 Involves the exercise of judgement and choice.239 Benefit means an advantage or profit gained from something.240 Benefit connotes some advantage or betterment.241 A favourable or helpful factor or circumstance.242 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”.243 Discretionary benefit of a financial nature is any monetary allowance provided at the choice of the local authority.244 Some examples include: • Grants – “grant” means to give or confer discretionary benefits in situations where there is no requirement by the grantor to provide such benefits. The fact an individual received a grant, and the amount and purposes of the grant would be “details of a discretionary benefit” for purposes of subsection 23(2)(e) of LA FOIP. • Scholarships245 • Donations246 237 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 25. See also Government of Newfoundland and Labrador ATIPP Office, Access to Information Policy and Procedures Manual, October 2017 at p. 98. 238 AB IPC Order 98-014 at [16]. 239 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 586. 240 Pearsall, Judy, Concise Oxford Dictionary, 10th Ed. at p. 126, (Oxford University Press). 241 Hans v. STU, 2016 NBKB 49 (CanLII) at [29]. 242 SK OIPC Review Reports LA-2009-001 at [90] to [92] and 082-2017 at [18]. 243 AB IPC Order 98-014 at [16]. 244 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. See also Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 25. 245 SK OIPC Review report 158-2018 at [76]. See also Government of Manitoba, FIPPA for Public Bodies – Resource Manual, Chapter 5, Exceptions to Disclosure at p. 72. Available at https://www.gov.mb.ca/fippa/public_bodies/resource_manual/pdfs/chap_5.pdf. Accessed on June 5, 2020, and Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 25. 246 NFLD IPC Report A-2008-011 at [68]. See also SK OIPC Review Report LA-2009-001 at [90].
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