Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 105 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.157 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. Was the government institution consulting a third party or other public body? The government institution should be able to explain why it was necessary to consult with a third party or other public body in order to make a decision about access, including how the third party or other public body is expected to assist. Public body, in this context, means a separate government institution or local authority as defined by The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) or health trustee as defined by The Health Information Protection Act (HIPA).158 Some valid reasons for consulting: • Third party or other public body has an interest in the records. • Records were created or controlled jointly.159 Consultations with staff, program areas or branches within the government institution processing the access to information request do not qualify for this provision. Internal consultations are part of every government institution’s routine responsibilities when responding to access to information requests. Therefore, activities that constitute consultations should be those outside of intrinsic and routine obligations of any government institution.160 Consultations for a purpose other than deciding whether to give access do not qualify for this provision.161 2. Was it not reasonable for the consultations to be completed within the first 30 days? Considerations: • When did the government institution initiate consultations. 157 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124]. 158 Adapted from BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 8. 159 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 8. 160 SK OIPC Review Report F-2006-003 at [44]. 161 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 8.
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