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. 35 The Commissioner considers those representations in a neutral non-biased manner and makes decisions based on a balance of probabilities or a preponderance of the evidence presented by the parties. The process, because of the legislative requirements, is not like a trial in a court or a hearing by a tribunal. The legislation in effect requires the review to occur in private. It is within these limits that the Commissioner and staff attempt to be procedurally fair. To assist parties in understanding the procedures used by the Commissioner’s office, the Commissioner issued, The Rules of Procedure. Court of King’s Bench - Roles & Responsibilities Section 57: Appeal to Court Appeal to court 57(1) Within 30 days after receiving a decision of the head pursuant to section 56, an applicant or individual or a third party may appeal that decision to the court. (2) A head who has refused an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by an applicant, give written notice of the appeal to any third party that the head: (a) has notified pursuant to subsection 34(1); or (b) would have notified pursuant to subsection 34(1) if the head had intended to give access to the record or part of the record. (3) A head who has granted an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by a third party, give written notice of the appeal to the applicant. (4) A third party who has been given notice of an appeal pursuant to subsection (2) or an applicant or individual who has been given notice of an appeal pursuant to subsection (3) may appear as a party to the appeal. (5) The commissioner shall not be a party to an appeal. A person or party who is dissatisfied with the head’s decision following the Commissioner’s review or investigation under FOIP, may pursue an appeal of the decision to the court.

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