Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 96 sends a record or copy to several other government institutions such as contracts or agreements. IPC Findings In Review Report F-2013-005, the Commissioner considered subsection 11(2) of FOIP. The Ministry of Health (Health) had transferred two access to information requests to the Ministry of Justice and Attorney General (Justice) stating that Justice held the responsive records for litigation purposes. However, Health acknowledged that there were responsive records “contained” within its Ministry. The Commissioner found that Health did not demonstrate that Justice had a “greater interest” in the records pursuant to subsection 11(2) of FOIP. The Commissioner also found that Health improperly transferred the requests to Justice. Furthermore, the Commissioner found that Health should have processed the responsive records it had in its possession in response to the request. The Commissioner recommended that Health complete a search for additional records it may have in its possession and process the records in response to the request. Subsection 11(3) Transfer of application 11(3) For the purposes of section 7, an application that is transferred pursuant to subsection (1) is deemed to have been made to the government institution on the day of the transfer. Government institutions that receive a transferred access to information request must provide a response within 30 days. In accordance with subsection 2-28(3) of The Legislation Act, the first day is excluded in the calculation of time.142 Therefore, the 30-day clock begins the day following the day of transfer. For more on calculating time, see Section 7: Response Required, Calculating 30 Days, earlier in this Chapter. 142 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”.
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