Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 138 the principle that applicants should bear a reasonable portion of the cost of producing the information they are seeking, but not costs arising from administrative inefficiencies or poor records management practices.234 If the fees end up being less than what was originally estimated, the government institution should refund the applicant accordingly as required by subsection 7(2) of The Freedom of Information and Protection of Privacy Regulations. Fees cannot be charged to the applicant when access to the record is refused pursuant to subsection 8(1) of The Freedom of Information and Protection of Privacy Regulations. For more on fee estimates, see Section 9: Fee, earlier in this Chapter. Subsection 49(1)(a.2) Application for review 49(1) Where: … (a.2) an applicant believes that all or part of the fee estimated should be waived pursuant to subsection 9(5); … 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.2) of FOIP provides that an applicant can request a review of the government institution’s decision not to waive some or all of the fees. Applicants can request a review: • Of the decision not to waive some or all of the fees (s. 9 of FOIP Regulations). Subsection 9(5) of FOIP provides that a government institution can waive payment of all or part of the fees in prescribed circumstances. The prescribed circumstances are outlined at section 9 of The Freedom of Information and Protection of Privacy Regulations. For more on waiving of fees, see Section 9: Fee, Assessing Fees, Subsection 9(5), Fee Waivers earlier in this Chapter. 234 SK OIPC Review Report 2005-005 at [21].
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