Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 144 Subsection 2-28(3) of The Legislation Act, provides that the first day is excluded in the calculation of time.238 In addition, if the due date falls on a holiday, the due date falls on the next day that is not a holiday.239 If an applicant did not receive a response from the government institution, the applicant has one year from the 30th day under which the government institution was deemed to have responded pursuant to subsection 7(5) of FOIP. Subsection 49(3) Application for review 49(3) A third party may apply in the prescribed form and manner to the commissioner for a review of a decision pursuant to section 37 to give access to a record that affects the interest of the third party. Subsection 49(3) of FOIP provides that a third party can request a review by the Commissioner. Third parties can request a review where a government institution has decided to provide access to information or records pursuant to section 37 of FOIP. Third party means a person, including an unincorporated entity, other than an applicant or a government institution.240 A government institution may have information in its records that engage third party interests. When an access to information request is received and records or information appear to engage the interests of a third party and the government institution intends to provide access to the information or records, the government institution must provide notice to the third party pursuant to section 34 of FOIP. The types of information that may engage a third party includes: • The information described in subsection 19(1) of FOIP. • Personal information described in section 24(1) of FOIP but only if the government intends to release it pursuant to subsection 29(2)(o) of FOIP. 238 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”. 239 Subsection 2-28(5) of The Legislation Act, SS 2019, c L-10.2 provides “A time limit for the doing of anything that falls or expires on a holiday is extended to include the next day that is not a holiday”. 240 The Freedom of Information and Protection of Privacy Act, S.S. 1990-91, c. F-22.01, s. 2(1)(j).
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