The appellant (a school board) requested information from the Ministry of Education (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act). This information pertains to records outlining the terms or benefits offered to Ministry employees who were offered or encouraged to accept early retirement. It includes any buy-out packages given to employees “forced” to leave over the period June 1995 to the date of the request.

The appellant subsequently clarified its request to include only severance agreements that amended the personal services contracts of Deputy Ministers and Assistant Deputy Ministers which were “entered into by the new government, in order to move or remove individuals from positions they held prior to the provincial election on June 8, 1995”. The appellant specified that he was also seeking access to certain information relating to pension incentives or top-ups used to facilitate these moves as well as any other benefits or incentives offered.

The Ministry transferred the amended request to Management Board Secretariat (Management Board) pursuant to section 25(2) of the Act, as the latter had a greater interest in the records. Management Board granted access to some general information regarding Deputy Minister Termination Packages, a summary of entitlements for surplus and job threatened senior managers, and a sample settlement agreement, dated 1991. It denied access to any executed severance agreements under section 21(1) (invasion of privacy).

The appellant appealed this decision. Following receipt of the Confirmation of Appeal, and within the time limits for claiming new discretionary exemptions, Management Board issued a second decision letter in which it claimed that, in addition to section 21(1), the following exemptions apply to any severance agreements:

• economic and other interests - sections 18(1)(c) and (d)

• solicitor-client privilege - section 19.

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