Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 148 Subsection 50(2) Review or refusal to review 50(2) The commissioner may refuse to conduct a review or may discontinue a review if, in the opinion of the commissioner, the application for review: (a) is frivolous or vexatious; (a.1) does not affect the applicant or individual personally; (a.2) has not moved forward as the applicant or individual has failed to respond to the requests of the commissioner; (a.3) concerns a government institution that has an internal review process that has not been used; (a.4) concerns a professional who is governed by a professional body that regulates its members pursuant to an Act, and a complaints procedure available through the professional body has not been used; (a.5) may be considered pursuant to another Act that provides a review or other mechanism to challenge a government institution’s decision with respect to the collection, amendment, use or disclosure of personal information and that review or mechanism has not been used; (a.6) does not contain sufficient evidence; (a.7) has already been the subject of a report pursuant to section 55 by the commissioner; (b) is not made in good faith; or (c) concerns a trivial matter. Subsection 50(2) of FOIP permits the Commissioner to dismiss or discontinue a review where it appears an applicant is not utilizing the access provisions of FOIP appropriately. A government institution can request the Commissioner dismiss or discontinue a review based on subsection 50(2) of FOIP. The government institution should provide its arguments in support of its position to the IPC. The Commissioner may also initiate this process independent of a request from a government institution where it appears appropriate.
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