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. 48 Subsection 7(1) Response required 7(1) Where an application is made pursuant to this Act for access to a record, the head of the government institution to which the application is made shall: (a) consider the application and give written notice to the applicant of the head’s decision with respect to the application in accordance with subsection (2); or (b) transfer the application to another government institution in accordance with section 11. Subsection 7(1) of FOIP requires that when a government institution receives an access to information request from an applicant, it must respond in writing advising the applicant of its decision regarding the request. Subsection 7(2) of FOIP enumerates what the response must include and the timeframe it must be provided in. If the government institution believes that another government institution has a greater interest in the records being requested, it can transfer the access to information request to the other government institution. For more on transferring access to information requests, see Section 11: Transfer of Application, later in this Chapter. Subsection 7(2) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: (a) stating that access to the record or part of it will be given on payment of the prescribed fee and setting out the place where, or manner in which, access will be available; (b) if the record requested is published, referring the applicant to the publication; (c) if the record is to be published within 90 days, informing the applicant of that fact and of the approximate date of publication; (d) stating that access is refused, setting out the reason for the refusal and identifying the specific provision of this Act on which the refusal is based; (e) stating that access is refused for the reason that the record does not exist;

RkJQdWJsaXNoZXIy MTgwMjYzOA==