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. 42 LA FOIP was not necessary. The Commissioner recommended that the U of S develop and implement policies and procedures for clarifying and narrowing requests. Subsection 6(2) Application 6(2) Subject to subsection (4) and subsection 11(3), an application is deemed to be made when the application is received by the government institution to which it is directed. Provided no clarification is needed (see s. 6(4)) and the application does not have to be transferred (see s. 11(3)), the application is considered made when the government institution receives it. The 30-day deadline to respond begins when the application is received. In accordance with subsection 2-28(3) of The Legislation Act75 the first day shall be excluded in the calculation of time. Therefore, the 30-day clock begins the day following receipt of the access to information request. For more on calculating the time see Response required, Calculating 30 Days, later in this Chapter. Subsection 6(3) Application 6(3) Where the head is unable to identify the record requested, the head shall advise the applicant, and shall invite the applicant to supply additional details that might lead to identification of the record. Where an access to information request is unclear or lacks sufficient detail to identify the record, the government institution must provide the applicant with the opportunity to provide more detail. Contact with the applicant to clarify the request should occur as soon as possible. 75 Subsection 2-28(3) of The Legislation Act, SS 2019, c L-10.2 provides “A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens”.

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