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. 102 • How does volume compare with average request volume.. 152 IPC Findings In Review Report 158-2017, the Commissioner found that an increase from 69 to 112 requests (61.6% increase) qualified as a high number of requests for purposes of subsection 12(1)(a)(ii) of FOIP. In Review Report 322-2021, 030-2022, the Commissioner found that the Ministry of Health (Health) failed to provide the section 7 decision letter to the applicant within the period of extension. As such, the Commissioner found that Health was not in compliance with subsection 12(3) of FOIP and as a result, the Commissioner would not consider whether Health was in compliance with subsections 12(1) or 12(2) of FOIP. In Review Report 164-2021, the Commissioner found that the Ministry of Corrections, Policing and Public Safety (Corrections) failed to provide the section 7 decision letter to the applicant within the period of extension. As such, the Commissioner found that Corrections was not in compliance with section 12(3) of FOIP and as a result the Commissioner would not consider whether Corrections had complied with subsections 12(1) or 12(2) of FOIP. The Commissioner recommended Corrections follow its obligations pursuant to subsection 12(3) of FOIP. 2. Will meeting the original time limit unreasonably interfere with the operations of the government institution? Unreasonably interfere mean going beyond the limits of what is reasonable or equitable in time and resources and the impact, which this use of resources would have on the government institution’s day-to-day activities.153 Circumstances that may contribute to unreasonable interference: • Significant increase in FOIP requests (e.g., sharp rise over 1-4 months) • Significant increase in FOIP caseloads • Computer systems or technical problems • Unexpected employee leaves from FOIP branch • Unusual number (high percentage) of new FOIP employees in training 152 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 5-6. 153 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.

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