Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 11 that it is not mandatory for an individual to use a prescribed form provided certain criteria are met: 2-26 If an enactment requires the use of a specified form, deviations from the form do not invalidate a form used if: (a) the deviations do not affect the substance; (b) the deviations are not likely to mislead; and (c) the form used is organized in the same way or substantially the same way as the form the use of which is required.16 IPC Findings In Review Report 150-2018, the Commissioner reviewed a denial of access involving the Ministry of Social Services (Social Services). Social Services was asserting that FOIP did not apply and the access to information requests were not requests under FOIP. As part of the review, the Commissioner considered whether the internal form created by Social Services were still access to information request forms under FOIP. The Commissioner found that by creating a separate form, Social Services had not removed the requests from the scope of FOIP. Regardless of which form was submitted by an applicant (the prescribed Form A or Social Services’ form), FOIP was engaged when the form includes the elements of Form A and is recognized as a request for access to information. By creating its own separate process and form, Social Services was deciding in advance, independently, when FOIP applied and when it did not and was attempting to remove an applicant’s right to have that decision reviewed by the Commissioner. In conclusion, the Commissioner found that all access requests submitted to Social Services on the Child and Family Programs Access to Information Request forms were access requests pursuant to subsection 6(1) of FOIP. In Review Report 278-2019, the Commissioner reviewed a denial of access involving the Resort Village of Candle Lake (RVCL). An applicant sought access to documentation related to a cheque including the invoice for the amount, copy of the cheque, the council resolution and retainer agreement. In the process of handling the request, the applicant made some modifications to the request and added some additional things via emails and letters. The RVCL responded requesting the applicant remit the additions on the prescribed Form A as it would help in clarifying the request in detail. The applicant requested the Commissioner review the RVCL’s decision. The Commissioner found that to qualify as a request under LA 16 The Legislation Act, SS 2019, c L-10.2 at subsection 2-26.
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