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. 33 o Can this information be routinely released. o Have the records sought been released previously through an earlier access to information request. o Does the applicant only want an answer to a question and not access to records. o Is there another Act or administrative process that provides a right of access. o Is the information being sought available publicly online or in a government publication. If it is, direct the applicant where to look. • Would another government institution be better able to assist the applicant. If so, the request may be transferred in certain cases. • Provide information about records in the government institution’s possession or control. • Provide copies of the prescribed form or accept written requests that contain all the necessary elements. • Explain the access to information processes to the applicant including: o That the applicant’s identity will only be shared on a need-to-know basis. o Any pertinent timeframes. o What is required if identity needs to be authenticated. o What is required if a fee waiver is requested. o If and why consent is required in certain circumstances. o Methods of access to records (i.e., view or receive a copy). o Any fees estimated. o Extensions. o The right to request a review by the Commissioner’s office if dissatisfied.59 For further guidance on the duty to assist, see IPC resource, Understanding the Duty to Assist: A Guide for Public Bodies. IPC Findings In Review Report 301-2017, 302-2017, 303-2017, 304-2017, 003-2018, the Commissioner found that several ministries involved in the review did not meet their duty to assist the applicant. The applicant had requested copies of all Deputy Ministers’ emails received or sent to specific Saskatchewan Party email addresses. The applicant received identical responses from each ministry asking the applicant if he would be willing to alter or narrow his request pursuant to subsection 6(1)(b) of FOIP. Upon review, each ministry reconsidered its 59 SK OIPC, Resource, Understanding the Duty to Assist: A Guide for Public Bodies, January 2018, at p. 3.

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