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. 49 (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. It is often said that information delayed is information denied. One of the major problems with access to information regimes across Canada is delay in providing applicants with access to public records.84 Subsection 7(2) of FOIP provides that within 30 days of receiving an access to information request, the government institution must provide a response to the applicant. The response should include one or more of the enumerated statements listed at subsection 7(2) of FOIP. Calculating 30 Days The Legislation Act establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. Section 2-28 of The Legislation Act provides the following for the computation of time: 2-28(1) A period expressed in days and described as beginning or ending on, at or with a specified day, or continuing to or until a specified day, includes the specified day. (2) A period expressed in days and described as occurring before, after or from a specified day excludes the specified day. (3) 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. (4) In the calculation of time expressed as a number of clear days, weeks, months or years or as “at least” or “not less than” a number of days, weeks, months or years, the first and last days are excluded. (5) A time limit for the doing of anything that falls or expires on a holiday is extended to include the next day that is not a holiday. (6) A time limit for registering or filing documents or for doing anything else that falls or expires on a day on which the place for doing so is not open during its regular hours of 84 SK OIPC Review Reports LA-2013-004 at [13], LA-2014-001 at [20] and 104-2018 at [12].

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