Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 104 subsection 12(3) of FOIP and as a result, the Commissioner did not need to 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 did not need to 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. Subsection 12(1)(b) 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: … (b) where consultations that are necessary to comply with the application cannot reasonably be completed within the original period; or Subsection 12(1)(b) of FOIP provides that an extension can be applied where the government institution needs more time to consult in order to process the request. The consultations must be necessary in order to comply with the application. Comply with means to act in accordance with or fulfil the requirements.156 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. 156 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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