Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 145 Upon receiving notice, a third party has a right to make representations to the government institution explaining why it believes the information should not be released (section 36 of FOIP). After considering the representations, the government institution must decide whether it intends to release the information. The government institution must give notice of its decision to the third party (section 37 of FOIP). If the third party is not satisfied with that decision, it can request a review by the Commissioner pursuant to subsection 49(3) of FOIP. That request must be made within 20 days after receiving the government institution’s decision (subsection 49(4) of FOIP). For more on third parties and the timelines involved in third party notices see Guide to FOIP, Chapter 5, “Third Party Information”. Subsection 49(4) Application for review 49(4) A third party may make an application pursuant to subsection (3) within 20 days after being given notice of the decision. Subsection 49(4) of FOIP provides that where a third party requests the Commissioner review the decision of the government institution, it must make that request within 20 days after receiving the government institution’s decision. Subsection 2-28(3) of The Legislation Act, provides that the first day is excluded in the calculation of time.241 In addition, if the due date falls on a holiday, the due date falls on the next day that is not a holiday.242 241 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”. 242 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”.
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