Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 47 (f) stating that confirmation or denial of the existence of the record is refused pursuant to subsection (4); or (g) stating that the request has been disregarded pursuant to section 45.1, and setting out the reason for which the request was disregarded. (3) A notice given pursuant to subsection (2) is to state that the applicant may request a review by the commissioner within one year after the notice is given. (4) If an application is made with respect to a record that is exempt from access pursuant to section 15, 16, 21 or 22 or subsection 29(1), the head may refuse to confirm or deny that the record exists or ever did exist. (5) A head who fails to give notice pursuant to subsection (2) is deemed to have given notice, on the last day of the period set out in that subsection, of a decision to refuse to give access to the record. Section 7 of FOIP provides that an applicant must receive a response from the government institution. The response must be within 30 days and must contain certain elements, which are enumerated at subsections 7(2) and 7(3) of FOIP. FOIP does not require government institutions to answer questions that come in an access to information request.82 For example, access to information requests that ask why the government institution made certain decisions. FOIP provides access to records and unless answers are in a record, the government institution is not required under FOIP to answer them. However, it does have a duty to answer questions as to whether it has responsive records.83 All responses provided to applicants pursuant to subsection 7(2) of FOIP must include a statement that advises applicants of their right to request a review by the Information and Privacy Commissioner. The requirement is addressed at subsection 7(3) of FOIP. The Ministry of Justice and Attorney General has developed model letters to assist government institutions with responding to applicants in each of the circumstances outlined at subsection 7(2) of FOIP. See Model Letters (FOIP) for samples. 82 SK OIPC Review Report 091-2015 at [15]. 83 AB IPC Order F2014-39 at [22].
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