Guide to FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 97 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. If the government institution intends to extend the timeline, it must comply with the requirements of section 12 of FOIP. Applicants have a right to request a review of a government institution’s decision to extend a response time pursuant to subsection 49(1)(a) of FOIP. SECTION 12: EXTENSION OF TIME Extension of time 12(1) The head of a government institution may extend the period set out in section 7 or 11 for a reasonable period not exceeding 30 days: (a) where: (i) the application is for access to a large number of records or necessitates a search through a large number of records; or (ii) there is a large number of requests; and completing the work within the original period would unreasonably interfere with the operations of the government institution; (b) where consultations that are necessary to comply with the application cannot reasonably be completed within the original period; or (c) where a third party notice is required to be given pursuant to subsection 34(1). (2) A head who extends a period pursuant to subsection (1) shall give notice of the extension to the applicant within 30 days after the application is made. (3) Within the period of extension, the head shall give written notice to the applicant in accordance with section 7. Section 12 of FOIP provides that government institutions can extend the initial 30-day response deadline for a maximum of 30 more days. This means 60 days in total. However, this is only under limited circumstances, which are outlined in this section. If a government institution has not complied with subsection 12(3) of FOIP, the Commissioner will not consider whether the government institution has complied with

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