Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 119 Subsection 45.1(1) Power to authorize a government institution to disregard applications or requests 45.1(1) The head may apply to the commissioner to disregard one or more applications pursuant to section 6 or requests pursuant to section 32. Section 45.1 of FOIP provides government institutions the ability to apply to the Commissioner requesting authorization to disregard an access request (section 6 application) or a correction request (section 32 request) made by an applicant. Subsection 45.1(1) requires a government institution to make an application to the Commissioner. This should be in the form of a written application (letter) that includes evidence and argument about how the criteria under subsection 45.1(2) are met. Details of how to make an application are contained in the IPC resource, Application to Disregard an Access to Information Request or Request for Correction. An application to disregard is a serious matter as it could have the effect of removing an applicant’s express right to seek access to information. It is important for a government institution to remember that a request to disregard must present a sound basis for consideration and should be prepared with this in mind.192 Generally, the actions of applicants are not under scrutiny. They have no duty to be accountable to the provincial government. The law is in place to allow for the scrutiny of those who govern, not the other way around. When making access requests, applicants who frequently use the Act are exercising a statutory right. While some requests can be complicated and may even be intended as “fishing expeditions”, they are lawful and ought to be treated with respect.193 However, FOIP must not become a weapon for disgruntled individuals to use against a government institution for reasons that have nothing to do with the Act.194 For more on the IPC process for applications to disregard an application or request, see The Rules of Procedure. 192 Office of the New Brunswick Information and Privacy Commissioner (NB IPC) Interpretation Bulletin, Section 15 – Permission to disregard access request. 193 AB IPC Investigation Report F2017-IR-01 at [80]. 194 BC IPC Order 110-1996 at p. 6.
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