Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 53 Published is defined as to make known to people in general…an advising of the public or making known of something to the public for a purpose.89 Subsection 3(1)(a) of FOIP provides that FOIP does not apply to material that is published or material available for purchase by the public. For more on subsection 3(1)(a) of FOIP see the Guide to FOIP, Chapter 1, “Purposes and Scope of FOIP”. Subsection 7(2)(c) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: … (c) if the record is to be published within 90 days, informing the applicant of that fact and of the approximate date of publication; Subsection 7(2)(c) of FOIP provides that if the record requested will be published within 90 days, the government institution can advise the applicant of this and provide the approximate date of publication. The 90 days starts to run on the date the applicant’s access to information request is received by the government institution.90 Published means to make known to people in general…an advising of the public or making known of something to the public for a purpose.91 It is not appropriate for a government institution to invoke only subsection 7(2)(c) of FOIP if only some of the records that would be responsive to the access request will be part of the publication in 90 days.92 89 SK OIPC Review Report 249-2017 at [7]. 90 SK OIPC Review Report F-2004-005 at [18]. 91 Originated from Black, Henry Campbell, 1979. Black’s Law Dictionary, 5th Edition St. Paul, Minn.: West Group. Adopted by ON IPC in Order P-204 at p. 4. Adopted by SK OIPC in Review Report 249-2017 at [7]. 92 SK OIPC Review Report F-2004-005 at [22].
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