Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 58 Subsection 7(2)(g) Response required 7(2) The head shall give written notice to the applicant within 30 days after the application is made: … (g) stating that the request has been disregarded pursuant to section 45.1, and setting out the reason for which the request was disregarded. Subsection 7(2)(g) of FOIP provides that a government institution can respond to an applicant indicating that the access to information request has been disregarded pursuant to subsection 45.1 of FOIP. The government institution must set out the reasons why the request is being disregarded. Section 45.1 of FOIP provides government institutions the ability to apply to the Commissioner requesting authorization to disregard an access request (section 6 application) or a correction request (section 32 request) made by an applicant. Where a government institution intends to initiate the process for disregarding an access to information request, subsection 45.1(1) of FOIP requires a government institution to make an application to the Commissioner. This should be in the form of a written application (letter) that includes evidence and argument about how the criteria under subsection 45.1(2) are met. Details of how to make an application are contained in the IPC resource, Application to Disregard an Access to Information Request or Request for Correction. Further assistance can also be found in the IPC’s The Rules of Procedure. A request to disregard is a serious matter as it could have the effect of removing an applicant’s express right to seek access to information in a particular case. It is important for a government institution to remember that a request to disregard must present a sound basis for consideration and should be prepared with this in mind.101 For more on disregarding access requests, see Section 45.1: Power to Authorize a Government Institution to Disregard Applications or Requests later in this Chapter. 101 NB IPC, Interpretation Bulletin, Section 15 – Permission to disregard access request.
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