Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 28 A government institution can request the Commissioner dismiss or discontinue a review based on subsection 50(2) of FOIP. The government institution should provide its arguments in support of its position to the Commissioner. For more on dismissing or discontinuing reviews, see the Guide to FOIP, Chapter 3, “Access to Records” at Section 50: Review or Refusal to Review. IPC Findings In Review Report F-2010-002, the Commissioner considered subsections 50(2)(a) and (b) of FOIP. A series of access to information requests were repeatedly submitted by an applicant to six separate government institutions. Requests for review were submitted to the Commissioner on the grounds that the six government institutions failed to meet their obligations under section 7 of FOIP. Through the course of the reviews, the government institutions raised the issue that the requests for review were frivolous, vexatious and not in good faith pursuant to subsection 50(2) of FOIP. The Commissioner considered the actions of the applicant and agreed the applicant was engaging in a pattern of conduct that was vexatious and not in good faith. The Commissioner discontinued the reviews pursuant to subsections 50(2)(a) and (b) of FOIP. In Review Report 053-2015, the Commissioner considered subsection 50(2)(a) of FOIP. An applicant had made an access to information request to the Ministry of Justice (Justice). Justice responded to the applicant providing partial access to a report. The applicant requested a review by the Commissioner. Upon review, Justice requested the Commissioner dismiss the review as frivolous and vexatious pursuant to subsection 50(2)(a) of FOIP. The Commissioner found that the circumstances of the case did not meet the threshold to support a finding that the request for review was frivolous or vexatious. The review continued. Section 53: Conduct of Review Conduct of review 53(1) The commissioner shall conduct every review in private. (2) The: (a) person who applies for a review; (b) third party or applicant who is entitled to notice pursuant to section 52; and
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