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. 34 application of subsection 6(1)(b) of FOIP and began searching for records. The Commissioner found that the applicant’s request contained sufficient information to process the request. As such, subsection 6(1)(b) of FOIP was not appropriately applied. The Commissioner considered how the ministries handled the applicant’s request and concluded that the ministries did not meet their duty to assist the applicant. The Commissioner recommended the ministries implement a practice for processing access to information requests. In the Report, the Commissioner referred to best practices outlined in the Nova Scotia Information and Privacy Commissioner Review Report 16-05. Subsection 5.1(2) Duty of government institution to assist 5.1 (2) On the request of an applicant, the government institution shall: (a) provide an explanation of any term, code or abbreviation used in the information; or (b) if the government institution is unable to provide an explanation in accordance with clause (a), endeavor to refer the applicant to a government institution that is able to provide an explanation. Subsection 5.1(2) of FOIP provides that a government institution will assist applicants when they: (a) need explanation of a term, code, or abbreviation; or (b) if the government institution is unable to explain it, refer the applicant to a government institution that can. In addition to providing the record, if an applicant requires assistance with understanding a term, code or abbreviation, the government institution should assist the applicant.

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