Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 62 In Review Report 339-2017, 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 all records pertaining to a specific fire report and records surrounding a previous access to information request. The City responded indicating that access to some records was granted, others were redacted pursuant to exemptions and confirmation or denial of the existence of further records was refused. Upon review, the Commissioner found that the City could not rely on subsection 7(4) of LA FOIP. The Commissioner recommended that the City reconsider its application of subsection 7(4) of LA FOIP. In Review Report 063-2021, the Commissioner reviewed a denial of access by the Regina Police Service (RPS). An applicant had requested access to records related to a call to the police involving the applicant. The RPS refused to confirm or deny that any records existed pursuant to subsection 7(4) of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The position of RPS was that if the records existed, subsection 28(1) of LA FOIP would apply to the records. Upon review, the Commissioner found that if the records existed, it would be the applicant’s personal information involved and therefore RPS could not rely on subsection 7(4) of LA FOIP to neither confirm nor deny the existence of records. Subsection 7(5) Response required 7(5) A head who fails to give notice pursuant to subsection (2) is deemed to have given notice, on the last day of the period set out in that subsection, of a decision to refuse to give access to the record. (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(5) of FOIP provides that where a government institution has failed to respond to an applicant within 30 days it is deemed to have responded on the 30th day refusing access to the record. The government institution should be aware that if it does not respond within the original 30-day deadline as required by section 7, it is no longer able to request an extension via section 12 of FOIP. Subsection 12(2) of FOIP supports this view, as it requires that notice of an
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