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. 16 IPC Findings In Review Report 110-2017, the Commissioner considered whether the Ministry of Labour Relations and Workplace Safety (LRWS) conducted a reasonable search for records from the applicant’s case file. The applicant had requested a copy of his file from 2000/2001. The applicant believed that records were missing from the copy he received from LRWS. The applicant identified four records he believed were missing. Upon review of LRWS’ search efforts, the Commissioner found that LRWS had demonstrated that its search for records was reasonable and adequate for purposes of FOIP. Furthermore, it persuaded the Commissioner in its attempts to explain why the four records did not exist. This finding was based partly on the fact that the applicant’s claim that records existed was based on speculation and conclusions drawn from snippets of information in the copy of the file the applicant had received. In Review Report 344-2017, the Commissioner considered whether the Ministry of Immigration and Career Training conducted a reasonable search for records. Upon review, the Commissioner found that the Ministry of Immigration and Career Training had not demonstrated that its search for records was adequate for purposes of FOIP. This finding was partly due to a lack of details provided regarding search efforts. The Commissioner recommended that the Ministry of Immigration and Career Training conduct a more fulsome search for responsive records. In Review Report 016-2014, the Commissioner considered whether the Ministry of Education conducted a reasonable search for records. The records the applicant asserted were missing were correspondence between the applicant and the Deputy Minister. Upon review, the Commissioner found that the Ministry of Education demonstrated that its search for records was reasonable and adequate for purposes of FOIP. In Review Report 101-2014, the Commissioner considered whether the Ministry of Justice (Corrections & Policing) had conducted a reasonable search for records. The applicant had requested a copy of a complaint that had been directed to the Regina Leader Post (Leader Post). In its submission, Corrections & Policing had explained that the applicant was seeking a letter written in 1995 to the Leader Post by a former Chief Provincial Firearms Officer in relation to an article about the applicant printed in the Leader Post by another individual. Corrections & Policing detailed the steps it took in its search to locate the letter from 1995. The Commissioner found that the search conducted by Corrections & Policing was reasonable.

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