Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 158 SECTION 57: APPEAL TO THE COURT Appeal to courts 57(1) Within 30 days after receiving a decision of the head pursuant to section 56, an applicant or individual or a third party may appeal that decision to the court. (2) A head who has refused an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by an applicant, give written notice of the appeal to any third party that the head: (a) has notified pursuant to subsection 34(1); or (b) would have notified pursuant to subsection 34(1) if the head had intended to give access to the record or part of the record. (3) A head who has granted an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by a third party, give written notice of the appeal to the applicant. (4) A third party who has been given notice of an appeal pursuant to subsection (2) or an applicant or individual who has been given notice of an appeal pursuant to subsection (3) may appear as a party to the appeal. (5) The commissioner shall not be a party to an appeal. A person or party (not the government institution) who is dissatisfied with the head’s decision following the Commissioner’s review or investigation under FOIP, may pursue an appeal of the decision to the court. An appeal to the court begins with an application to the Court of King’s Bench for Saskatchewan and may be appealed further by any party. For more on the process of appealing to the Court of King’s Bench see IPC resource, Guide to Appealing the Decision of a Head of a Government Institution, or a Local Authority, or a Health Trustee. The levels of an appeal follow a hierarchical model as follows: 1. Court of King’s Bench for Saskatchewan 2. Court of Appeal for Saskatchewan
RkJQdWJsaXNoZXIy MTgwMjYzOA==