Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 151 • Timing of the requests: is the timing of the requests connected to the occurrence of some other related event, such as a court or tribunal proceeding.251 • Wording of the request: are the requests or subsequent communications in their nature offensive, vulgar, derogatory or contain unfounded allegations. Offensive or intimidating conduct or comments by applicants is unwarranted and harmful. They can also suggest that an applicant’s objectives are not legitimately about access to records. Requiring employees to be subjected to and to respond to offensive, intimidating, threatening, insulting conduct or comments can have a detrimental effect on well-being.252 IPC Findings In Review Report F-2010-002, the Commissioner considered subsection 50(2) of FOIP. A series of access to information requests were repeatedly submitted by an applicant to six separate government institutions. Requests for review were submitted to the IPC on the grounds that the six government institutions failed to meet their obligations under section 7 of FOIP. Through the course of the reviews, the government institutions raised the issue that the requests for review were frivolous, vexatious, and not in good faith pursuant to subsection 50(2). The Commissioner considered the actions of the applicant and agreed the applicant was engaging in a pattern of conduct that was vexatious and not in good faith. The Commissioner discontinued the reviews pursuant to subsections 50(2)(a) and (b) of FOIP. In Review Report 053-2015, the Commissioner considered subsection 50(2)(a) of FOIP. An applicant had made an access to information request to the Ministry of Justice and Attorney General (Justice). Justice responded to the applicant providing partial access to a report. The applicant requested a review by the Commissioner. Upon review, Justice requested the Commissioner dismiss the review as frivolous and vexatious pursuant to subsection 50(2)(a) of FOIP. The Commissioner found that the circumstances of the case did not meet the threshold to support a finding that the request for review was frivolous or vexatious. The review continued. 251 Four factors adopted from ON IPC Order MO-3108 at [24]. Also, in SK OIPC Review Report F-2010002 at [69]. 252 Fifth factor adopted from AB IPC Order F2015-16 at [39] to [54]. Added to criteria in SK OIPC Review Report 053-2015 at [15] and [38] to [41].
RkJQdWJsaXNoZXIy MTgwMjYzOA==