Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 95 is excluded in the calculation of time.141 Therefore, the 30-day clock begins the day following the day of the transfer. For more on calculating time, see Section 7: Response Required, Calculating 30 Days, earlier in this Chapter. The receiving government institution may extend the 30-day deadline pursuant to subsection 12(1) of FOIP. This means a maximum of 60 days to process. Where a government institution transfers a request (and if necessary, the record), it is required to provide written notice of the transfer to the applicant and provide the date of the transfer. IPC Findings In Review Report 059-2014, the government institution did not transfer the access to information request until more than 15 months after receiving the request. The Commissioner found that the government institution did not comply with section 11 of FOIP. Subsection 11(2) Transfer of application 11(2) For the purposes of this section, a government institution has a greater interest in a record if: (a) the record was originally prepared in or for the government institution; or (b) the government institution was the first government institution to obtain the record or a copy of the record. Subsection 11(2) of FOIP provides the circumstances under which another government institution would have a greater interest in an access to information request or the responsive record: • The responsive record was originally prepared in or for the other government institution. • The other government institution was the first government institution to obtain the responsive record or a copy of it. This is common where a government institution 141 Subsection 2-28(3) of The Legislation Act, SS 2019, c L-10.2 provides, “A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens”.
RkJQdWJsaXNoZXIy MTgwMjYzOA==