Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 137 Subsection 49(1)(a.1) Application for review 49(1) Where: … (a.1) an applicant is not satisfied that a reasonable fee was estimated pursuant to subsection 9(2); … 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.1) of FOIP provides that an applicant can request a review of the government institution’s fee estimate. Applicants can request a review of how: • The fee estimate was provided (s. 7(2)(a)). • Access was provided following payment of fees (s. 9(2)). • Payment of a deposit was handled (s. 9(4)). • The fee estimate was calculated (s. 6 FOIP Regulations). • Fees exceeding the estimate were handled (s. 7(2) FOIP Regulations). • Fees for records that were refused were handled (s. 8(1) FOIP Regulations). • Refunds of fees were handled (s. 8(2) FOIP Regulations). Government institutions issue fee estimates in accordance with subsection 7(2)(a) and section 9 of FOIP. In addition, fee estimates are issued pursuant to sections 6, 7 and 8 of The Freedom of Information and Protection of Privacy Regulations. Reviews involving fee estimates can occur both at the time the fee estimate was issued or after the fee has already been paid and records provided to an applicant. For all fee reviews, the IPC requires details on how the fee amount was arrived at. This includes how fees were calculated for search, preparation and reproduction of the record. For this reason, a government institution should retain details and notes about its search, preparation and reproduction so it can support the amount of the fee estimate in the event of a review. Fee estimates under FOIP are generally judged on the basis of whether they are reasonable and equitable. A fee estimate is reasonable when it is proportionate to the work required on the part of the government institution to respond efficiently and effectively to the applicant’s request. A fee estimate is equitable when it is fair and even-handed, that is, when it supports
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