Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 142 Subsection 49(1)(b) Application for review 49(1) Where: … (b) a head fails to respond to an application for access to a record within the required time; or … the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. Subsection 49(1)(b) of FOIP provides that an applicant can request a review if the government institution fails to respond to an access to information request within the required time. The required time is either the initial 30 days or the extended maximum 60 days. 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.237 Therefore, the initial 30-day clock begins the day following receipt of the access to information request. For more on response requirements, see Section 7: Response Required, earlier in this Chapter. Subsection 49(1)(c) Application for review 49(1) Where: … (c) an applicant requests a correction of personal information pursuant to clause 32(1)(a) and the correction is not made; the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. 237 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”.
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