Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 120 Subsection 45.1(2)(a) Power to authorize a government institution to disregard applications or requests 45.1(2) In determining whether to grant an application or request mentioned in subsection (1), the commissioner shall consider whether the application or request: (a) would unreasonably interfere with the operations of the government institution because of the repetitious or systematic nature of the application or request For this provision to be found to apply, the government institution would have to demonstrate that the applicant’s access to information requests or requests for correction interfere unreasonably with the operations of the government institution due to their repetitious or systematic nature. Both parts of the following test must be met: 1. Are the requests for access or correction repetitious or systematic? Repetitious requests are requests that are made two or more times.195 Systematic requests are those made according to a method or plan of acting that is organized and carried out according to a set of rules or principles.196 It includes a pattern of conduct that is regular or deliberate.197 To be methodical; arranged, conducted, according to system; deliberate.198 The following factors should be considered: • Are the requests repetitious (does the applicant ask more than once for the same records or information or for the same information to be corrected). • Are the requests similar in nature or do they stand alone as being different. • Do previous requests overlap to some extent. • Are the requests close in their filing time. • Does the applicant continue to engage in a determined effort to request the same information (an important factor in finding whether requests are systematic, is to determine whether they are repetitious). 195 BC IPC Order F10-01 at [16]. 196 BC IPC Order F13-18 at [23]. 197 AB IPC Request to Disregard F2019-RTD-01 at p. 9. 198 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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