Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 61 the RM to invoke subsection 7(4) of LA FOIP. The Commissioner recommended that if responsive records existed that they be released to the applicant. In Review Report 223-2015 and 224-2015, the Commissioner considered whether the City of Regina (City) could rely on the equivalent subsection 7(4) in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The applicant had requested a copy of an audit and all internal correspondence related to the Coroner’s requirement for an independent audit related to the death of a specific individual. The City responded indicating it was refusing to confirm or deny the existence of records pursuant to subsection 7(4) of LA FOIP. Upon review, the Commissioner found that subsection 14(1)(d) of LA FOIP would apply if the records existed. As such, the Commissioner concluded that subsection 7(4) of LA FOIP could be relied on by the City. In Review Report 023-2016, the Commissioner considered whether the Saskatchewan Workers’ Compensation Board (WCB) could rely on subsection 7(4) of FOIP. The applicant had requested information that had been provided about him to WCB and information about him that was in the possession of WCB outside his claim file. WCB responded indicating that records were not found and also that WCB refused to confirm or deny whether responsive records were found in the Fair Practices Office. The Commissioner found that WCB had not demonstrated that subsection 7(4) of FOIP was appropriately applied. The Commissioner recommended that the Fair Practices Office be searched for records responsive to the request and that a new section 7 response be provided to the applicant. In Review Report 273-2016, the Commissioner considered whether Saskatchewan Polytechnic could rely on the equivalent of subsection 7(4) in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The applicant had requested the complete file of his allegations of harassment. Saskatchewan Polytechnic responded citing subsection 7(4) of LA FOIP. Upon review, the Commissioner found that there was no reasonable basis for Saskatchewan Polytechnic to invoke subsection 7(4) of LA FOIP. The Commissioner recommended that if records existed, they be released to the applicant. In Review Report 037-2017, the Commissioner considered whether the City of Saskatoon (City) could rely on the equivalent subsection 7(4) in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The applicant had requested an explanation of all cost increases in construction of the Remai Modern Art Gallery. The City responded providing access to some records and refusing to confirm or deny the existence of any further records pursuant to subsection 7(4) of LA FOIP. Following the commencement of a review by the Commissioner, the City indicated it was no longer relying on subsection 7(4) of LA FOIP.
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