Discretionary Exceptions. Subject to section 8.3 of this Code and any applicable legal requirements, Xxxxxx may refuse access to a record where providing access to the record or part of the record:
a) may violate a legally recognized privilege such as solicitor-client privilege, litigation privilege or settlement privilege or may have been prepared by or for counsel in giving or seeking legal advice or in contemplation of litigation;
b) may derive from or compromise an enforcement activity, including where access may be refused under the exceptions described in subsection 14(1) of the Freedom of Information and Protection of Privacy Act if it applied to Tarion;
c) may contain bulk data;
d) may have been generated in the course of a dispute resolution process including, for example, mediation or the handling of a complaint;
e) may not be in the public interest or could reasonably be expected to threaten the life, health or security of an individual;
f) may reveal commercial, scientific, proprietary, technical, financial, or human resources information of Tarion or of any individual, entity or third party that has supplied the records to Tarion in confidence, whether explicitly or implicitly;
g) may reveal the substance of deliberations by Xxxxxx’s Board of Directors (including its committees, sub-committees and task forces), committees, Corporate Leadership Team or other managers including, but not limited to, agenda, minutes, notes of participants, policy options and analysis, advice or recommendations to or from employees or an external consultant, and advice or recommendations to or from government;
h) may be unreasonably costly to provide, taking into account the nature of the request and the volume of records requested;
i) may be a frivolous and vexatious request;
j) may be information compiled by Xxxxxx or supplied to Tarion for the purposes of risk management or risk-informed decision making;
k) may reasonably endanger the security of a building or system, including an information system or procedure established for the protection of a building or information for which protection is reasonably required;
l) may be a report or other information supplied by a government, regulatory or enforcement body to Tarion in confidence, whether explicitly or implicitly;
m) may reveal procurement information, including information submitted to Tarion in response to a procurement process;
n) may reveal information that could reasonably be expected to prejudice the financial interests of Tari...
Discretionary Exceptions. Subject to sections 3.4 and 3.5, TSSA may refuse access to a record where giving access to the record or part of the record,
(a) violates solicitor-client privilege;
(b) violates a legally recognized privilege other than solicitor-client privilege;
(c) may compromise an ongoing investigation or enforcement activity;
(d) contains bulk data, or contains aggregate accident data or other sensitive aggregate data;
(e) provides access to information that is the substance of deliberations by one or more of the following: TSSA’s Board of Directors, TSSA Committees, including Management Committees, Board Committees, Advisory Councils and Risk Reduction Groups or other like committees established by TSSA. The information may include, but is not restricted to: agenda, minutes, policy options and analysis, advice from staff or an external consultant, and advice to government;
(f) reveals confidential commercial, scientific, proprietary, technical, financial or labour relations information, if access to this information may result in undue loss or gain, prejudice a competitive position or interfere with contractual or other negotiations;
(g) reveals advice, recommendations or information provided by a TSSA inspector, engineer, manager or other employee in the course of his or her employment;
(h) provides access to information generated in the course of a formal dispute resolution process;
(i) is a report prepared in the course of law enforcement, an inspection or an investigation;
(j) provides access to information collected without knowledge or consent and for purposes related to an investigation as permitted by the exception under section 4.5;
(k) may be refused under subsection 14 (1) of the Freedom of Information and Protection of Privacy Act;
(l) is not in the public interest or could reasonably be expected to threaten the life, health or security of an individual;
(m) is information compiled by TSSA or supplied to TSSA for the purposes of risk management or risk informed decision making;
(n) is a report supplied by a regulatory enforcement body to TSSA in confidence; or (o) violates a provision of the Act.
Discretionary Exceptions. Beginning with course assignments for the Fall 2020 Semester, the College has the discretion to make course assignments that are not governed by Art. VII.1.E (i-iv) above, subject to the following conditions:
1. Up to 8 course sections per semester/session (no more than 16 sections per year) may be assigned to new Unit hires or existing Unit Members, regardless of the individual's teaching credit history.
2. Up to 4 course sections per semester/session (no more than 8 sections per year) may be assigned to Visiting Part-time Faculty. A Visiting Part-time Faculty member is a newly hired part-time faculty member who will not teach at the College for more than one semester per calendar year. Such arrangements may be renewed for the same individual. Assignments under this subsection must be relevant to the Visiting Part-time Faculty member’s area(s) of specialization and the Visiting Part-time Faculty member must have demonstrated experience or knowledge, and recognition in their field (for purposes of illustration only, “recognition in their field” includes work that has been professionally exhibited, awards received for substantive work or contributions, published work, work that is chronicled in professional journals or mainstream media outlets, etc.).
3. Up to 8 additional course sections per semester/session (no more than 16 sections per year) may be assigned to new Unit hires or existing Unit Members, regardless of the individual’s teaching credit history; however, in these cases a Unit Member who loses a course assignment will receive their regular course rate in lieu of a cancelation fee, if re- assignment is not possible.
4. Each department is limited to using two Discretionary Exception assignments a year; except, however, if a Unit Member with at least 51 credits in the department has submitted a TAF and will otherwise (not by operation of a Discretionary Exception) have no course assignments, that department will be limited to one Discretionary Exception.
5. Each Unit hire or existing Unit Member is limited to receiving two Discretionary Exception assignments in a single year; however, existing Unit Members with fewer than 33 credits may not receive more than one Discretionary Exception assignment in a single year.
6. No Discretionary Exception assignment may cause a Unit Member with at least 51 credits, who has submitted at TAF, to lose more than one course offer, more than once in a two-year period, and such impacted Unit Member will receive a $1,...
