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. 37 IPC Findings In Review Report 336-2017, the Commissioner addressed concerns raised by the Chinook School Division No. 211 regarding an applicant not using the prescribed access to information form (Form A). The Commissioner was of the view that it is not mandatory for applicants to use the prescribed form, provided the request is in writing and contains the information that pertains to the elements on Form A. Furthermore, if the School Division required any additional information, it should have advised the applicant at the time the access request was received. The Commissioner recommended that the School Division develop and implement a policy or procedure for the processing of access requests.64 Subsection 6(1)(b) Application 6(1) An applicant shall: … (b) specify the subject matter of the record requested with sufficient particularity as to time, place and event to enable an individual familiar with the subject-matter to identify the record. While an applicant does not have a statutory duty to assist a government institution with responding to their access to information request under FOIP. However, the applicant should make a reasonable effort to assist the government institution so it can respond accurately and completely to the access to information request. Open communication between an applicant and a government institution is recommended, particularly when an access to information request is all-encompassing or unclear.65 Subsection 6(1)(b) of FOIP is intended to ensure that applicants provide enough detail to make it possible for the government institution to identify the record being requested. Applicants must be clear and provide parameters (i.e., timeframe, place, and event). 64 SK OIPC Review Report 336-2017 at [56] to [57]. 65 NFLD IPC Review Report A-2010-006 at [17].

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