Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 135 Subsection 49(1)(a) Application for review 49(1) Where: (a) an applicant is not satisfied with the decision of a head pursuant to section 7, 12 or 37; … the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. Subsection 49(1)(a) of FOIP provides that an applicant can request a review of decisions made by the government institution pursuant to: • Section 7 (response required). • Section 12 (extension of time). • Section 37 (decision following third party notice). Section 7 involves any decision related to the government institution’s section 7 response to the applicant. Under this provision, applicants can request a review where the government institution has: • Not provided a response that contains the elements required by subsection 7(2).231 • Not responded openly, accurately, or completely (s. 5.1). • Has deemed the applicant’s access request abandoned (s. 7.1). • Has offered access in a manner the applicant does not agree with (s. 10). • Denied access because records were deemed not responsive. • Denied access because the record is published (publicly available). • Denied access because the record will be published within 90 days. • Denied access because exemptions apply. • Denied access because records do not exist. • Denied access because the government institution refused to confirm or deny the existence of records. A review involving section 12 would be any decision related to the government institution’s extension of the time allotted to respond to an applicant’s access to information request. Applicants can request a review: • Of the decision to extend the deadline for a response (s. 12). 231 This also includes if the applicant is not satisfied with the final fee. For example, see SK OIPC Review Report 037-2022 at [64] to [65].
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