Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 99 subsections 12(1) or 12(2) of FOIP.145 Therefore, government institutions should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. Subsection 12(1)(a)(i) Subsection 12(1)(a)(i) of FOIP provides that an extension can be applied where there are a large number of records responsive to the request that require processing or where a search through a large number of records is required in order to respond to the request. In addition, completing this work within the original 30 days would unreasonably interfere with the operations of the government institution. Subsection 49(1)(a) of FOIP provides that an applicant can request a review by the Commissioner if not satisfied with a decision of the government institution pursuant to section 12 of FOIP. In the event an applicant requests a review of the government institution’s application of an extension, the Commissioner will consider whether the government institution’s application of the extension complied with section 12 of FOIP. 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 subsections 12(1) or 12(2) of FOIP.146 Therefore, government institutions should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. For this purpose, both parts of the following test must be met: 1. Are there a large number of records requested or needing to be searched? Volume considerations: • How many pages are involved? • Do the records require special handling? • Does the type of record require different methods of searching or handling?147 IPC Findings In Review Report F-2014-003, the Commissioner found that the Ministry of Justice and Attorney General appropriately applied an extension for purposes of processing a large 145 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124]. 146 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124]. 147 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 5-6.
RkJQdWJsaXNoZXIy MTgwMjYzOA==