Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 157 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 wellbeing.258 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. Subsection 50(2)(c) 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: … (c) concerns a trivial matter. Subsection 50(2)(c) of FOIP provides that the Commissioner can dismiss or discontinue a review where the request for review concerns a trivial matter. A trivial matter is something insignificant, unimportant or without merit. It is similar to frivolous. However, what is trivial to one person may not be trivial to another.259 258 Fifth factor adopted from AB IPC Order F2015-16 at [39] to [54]. Also, in SK OIPC Review Report 053-2015 at [15] and [38] to [41]. 259 SK OIPC Review Report F-2010-002 at [50] and [51].
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