Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 2, Administration of FOIP. Updated 7 March 2023. 29 (c) head whose decision is the subject of a review; are entitled to make representations to the commissioner in the course of the review. (3) No one is entitled as of right: (a) to be present during a review; or (b) before or after a review: (i) to have access to; or (ii) to comment on; representations made to the commissioner by any other person. Subsection 53(1) of FOIP provides that the Commissioner shall “conduct every review in private.” However, the Commissioner also has some discretion to disclose what the Commissioner deems necessary pursuant to subsection 46(3) of FOIP. For more on this, see Section 44: Confidentiality earlier in this Chapter. Further, the Commissioner has the authority to determine the procedure to be followed for reviews pursuant to subsection 45(2)(d) of FOIP. Subsection 53(2) of FOIP provides that applicants, government institutions and third parties (given notice under section 52) are entitled to make submissions to the Commissioner in the course of a review. Subsection 53(3) of FOIP provides that no person is entitled to be present during a review. Further, no person is entitled to have access to or comment on submissions made to the Commissioner before or after a review.
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