Guide to FOIP-Chapter 2

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 25 conduct a review involving a government institution and at least one other jurisdiction [s. 45(2)(e) of FOIP]. Section 45.1: Power to Authorize a Government Institution to Disregard Applications or Requests Power to authorize a government institution to disregard applications or requests 45.1 (1) The head may apply to the commissioner to disregard one or more applications pursuant to section 6 or requests pursuant to section 32. (2) In determining whether to grant an application or request mentioned in subsection (1), the commissioner shall consider whether the application or request: (a) would unreasonably interfere with the operations of the government institution because of the repetitious or systematic nature of the application or request; (b) would amount to an abuse of the right of access or right of correction because of the repetitious or systematic nature of the application or request; or (c) is frivolous or vexatious, not in good faith or concerns a trivial matter. (3) The application pursuant to subsection 6(1) or the request pursuant to clause 32(1)(a) is suspended until the commissioner notifies the head of the commissioner’s decision with respect to an application or request mentioned in subsection (1). (4) If the commissioner grants an application or request mentioned in subsection (1), the application pursuant to subsection 6(1) or the request pursuant to clause 32(1)(a) is deemed to not have been made. (5) If the commissioner refuses an application or request mentioned in subsection (1), the 30-day period mentioned in subsection 7(2) or subsection 32(2) resumes. Section 45.1 of FOIP provides government institutions the ability to apply to the Commissioner requesting authorization to disregard an access request (section 6 application) or a correction request (section 32 request) made by an applicant. Subsection 45.1(1) of FOIP requires a government institution to make an application to the Commissioner. Details of how to make an application are contained in The Rules of Procedure. Additional guidance is available in IPC resource, Application to Disregard an Access to Information Request or Request for Correction. A request to disregard is a serious matter as it could have the effect of removing an applicant’s express right to seek access to information in a particular case. It is important for

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