Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 136 • Of the contents and timing of the notice to the applicant (s.12(2) and 12(3)). In terms of calculating time, subsection 2-28(3) of The Legislation Act provides that the first day is excluded in the calculation of time.232 Therefore, the initial 30-day clock begins the day following receipt of the access to information request. For more on the timeframe for responses see Section 7: Response Required, Calculating 30 Days, earlier in this Chapter. 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 subsections 12(1) or 12(2) of FOIP.233 Therefore, government institutions should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. A review involving section 37 of FOIP would be focused on the decision of the government institution to deny access to information or records following a consideration of a third party’s representations. Applicants can request a review: • Of the government institution’s decision to deny access to information deemed third party information. • Of the content or timing of the government institution’s notice [s. 37(1)(b)/37(2)]; and/or • Of the lack of notice [s. 37(4)]. 232 Subsection 2-28(3) of The Legislation Act, SS 2019, c L-10.2 provides “A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens”. 233 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124].
RkJQdWJsaXNoZXIy MTgwMjYzOA==