What are “mandatory” and “discretionary” exceptions?
Mandatory exceptions place a duty upon the Calgary Board of Education to invoke the exception unless it is in the public interest as set out in the Act to disclose the information. The injury that can result from the disclosure of information properly qualifying for a mandatory exception is considered to be of such a nature that the decision to refuse disclosure is provided for in the legislation. All mandatory exceptions are prefaced with “the head of the Calgary Board of Education must refuse to disclose.” Discretionary exceptions to the right of access permit the Calgary Board of Education to disclose a record despite the existence of the exception. Discretionary exceptions commence with “the head of the Calgary Board of Education may refuse to disclose.” All discretionary exceptions are also subject to the public interest disclosure provisions of the Act.
