Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 107 Commissioner recommended Corrections follow its obligations pursuant to subsection 12(3) of FOIP. Subsection 12(1)(c) 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: … (c) where a third party notice is required to be given pursuant to subsection 34(1). Subsection 12(1)(c) of FOIP provides that an extension can be applied where the government institution needs to provide notice to third parties pursuant to subsection 34(1) 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.163 Therefore, government institutions should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. For more on notices to third parties, see the Guide to FOIP, Chapter 5, “Third Party Information”. IPC Findings In Review Report 311-2017, 312-2017, 313-2017, 316-2017, 340-2017, 341-2017, 342-2017, the Commissioner considered the timeframe under which the Global Transportation Hub (GTH) provided its response to an applicant. The Commissioner found that the GTH issued a fee estimate 25 days into the original 30-day deadline. Once the fee estimate was issued, the clock stopped until the applicant paid a 50% deposit. Once paid, this left only five days for GTH to provide a section 7 response. GTH then extended the response time an additional 30 days pursuant to subsection 12(1)(a) of FOIP. However, the GTH failed to provide a response within the extended 30-day deadline. GTH explained that the primary reason for the delay was significant objection by the third party to release of information. The Commissioner recommended that the GTH amend its procedures so that even where it is extending the response period, it ensures it is providing notice to third parties no later than the 30th day of 163 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124].
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