Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 109 subsections 12(1) or 12(2) of FOIP.165 Therefore, government institutions should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. IPC Findings 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(3) Extensions of time 12(3) Within the period of extension, the head shall give written notice to the applicant in accordance with section 7. Subsection 12(3) of FOIP provides that following the extension, the government institution must provide its section 7 decision letter to the applicant within the extended 30-day deadline. In other words, the government institution has a maximum of 60 days to provide a section 7 decision letter to the applicant (initial 30 days + extension of up to 30 days). 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 165 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124].
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