Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 98 subsections 12(1) or 12(2) of FOIP.143 Therefore, government institutions should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. When it comes to calculating the due date, subsection 2-28(3) of The Legislation Act, provides that the first day is excluded in the calculation of time.144 Therefore, the initial 30-day clock begins the day following receipt of the access to information request. For more on calculating time, see Section 7: Response Required, Calculating 30 Days, earlier in this Chapter. Subsection 12(1)(a) 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; Subsection 12(1)(a) of FOIP provides for an additional 30 days where: • The access to information request is for a large number of records. • A search through a large number of records is required. • A large number of access to information requests were received. However, government institutions must demonstrate that even where one of the above circumstances exist, completing the work within the original 30 days would unreasonably interfere with the government institution’s operations. If a government institution has not complied with subsection 12(3) of FOIP, the Commissioner will not consider whether a government institution has complied with 143 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124]. 144 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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