Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 108 the initial 30-day deadline. This would minimize the likelihood of GTH putting itself in a “deemed refusal” situation in the future. 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 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(2) Extension of time 12(2) A head who extends a period pursuant to subsection (l) shall give notice of the extension to the applicant within 30 days after the application is made. Subsection 12(2) of FOIP provides that where a government institution intends to extend the response time, it must give notice of the extension to the applicant within the first 30 days following receipt of the access to information request. If a government institution does not give notice within the original 30 day deadline, it is no longer able to request an extension as its lack of response constitutes a “deemed refusal” pursuant to subsection 7(5) of FOIP. Subsection 12(2) of FOIP supports this view, as it requires that notice of an extension be given within 30 days of the application being made.164 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 164 SK OIPC Review Report F-2008-001 at [32].
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