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. 103 • Cross government requests • Program area discovers a significant amount of additional records • Type of records (maps, etc.) • Number of program areas searched • Location of records154 Circumstances that would not qualify: • The government institution has not allocated the FOIP area sufficient resources • Long term or systemic problems • Vacations • Office processes (e.g., sign-off) • Personal commitments • Pre-planned events (e.g., retirements) • No work done during initial 30 days • Type of applicant (media, political, etc.)155 IPC Findings In Review Report 123-2015, the Commissioner found that, at least double the number of requests normally opened within the Ministry of Justice and Attorney General (Justice) qualified as a “large number” of requests. In addition, because Justice had seven vacancies in its Freedom of Information and Privacy Branch, it was reasonable to consider the interference with its operations if it were to try to complete them within the original 30 days. Justice normally had 25 to 50 access to information requests. However, it had over 100 at the time it applied the extension. In Review Report 158-2017, the Commissioner found that a position becoming vacant in the FOIP unit during the time the access request was being processed met the second part of the test for subsection 12(1)(a)(ii) of FOIP. The Ministry of Energy and Resources was engaged in a staffing process to fill the vacant position. 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 154 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 5-6. 155 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 5-6.

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