Guide to FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 155 When there is not enough evidence to proceed with a complaint, the complaint will be determined to be “not well founded”. Subsection 50(2)(a.7) 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.7) has already been the subject of a report pursuant to section 55 by the commissioner; Subsection 50(2)(a.7) of FOIP provides that the Commissioner can dismiss or discontinue a review where the request for review has already been the subject of a previous report by the Commissioner. This is a new provision following the amendments of January 1, 2018. Subsection 50(2)(b) 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: … (b) is not made in good faith; or Subsection 50(2)(b) of FOIP provides that the Commissioner can dismiss or discontinue a review where the request for review has not been made in good faith. Good faith means that state of mind denoting honesty of purpose, freedom from intention to defraud, and, generally speaking, means being faithful to one’s duty or obligation. Good faith is an intangible quality encompassing honest belief, the absence of malice and the absence of design to defraud or take advantage of something.254 254 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.

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