Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 55 For subsection 7(2)(d) of FOIP, the written response to the applicant must have three elements: 1. It must state that access is refused in full or in part. 2. It must set out the reason for refusal. 3. It must identify the specific provision in FOIP on which the refusal is based.93 Subsection 7(2)(d) of FOIP requires a reasonable degree of transparency as to the decision of the government institution such that the applicant can understand the basis for the denial of access.94 The Guide to FOIP, Chapter 4, “Exemptions from the Right of Access” provides guidance on determining whether an exemption under Part III of FOIP applies to a record or information in a record. Subsection 5.1(1) of FOIP requires government institutions to respond to applicants openly, accurately and completely. If a government institution removes information from a responsive document because it has been deemed not responsive, it should advise the applicant in its section 7 response and explain why.95 IPC Findings In Review Report F-2006-003, the Commissioner considered whether the Ministry of Justice and Attorney General (Justice) complied with the requirements of subsection 7(2)(d) of FOIP. The applicant had requested copies of Civil Law Division billable hours for 2002 and 2003. In addition, the applicant requested copies of private legal billings for 2002, 2003 and 2004. Justice responded to the applicant indicating that access was refused in part and provided a severed version of the record. The Commissioner found that Justice’s minimal notice of refusal did not satisfy the requirements of subsection 7(2)(d) of FOIP. In particular, Justice’s response did not set out the reason for the refusal or identify specific provisions under FOIP it was relying on. 93 SK OIPC Review Report F-2006-003 at [22]. 94 SK OIPC Review Report F-2006-003 at [25]. 95 SK OIPC Review Reports 061-2017 at [82] and 023-2017 & 078-2017 at [39] and [40].
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