Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 64 Subsection 7.1(1) Applications deemed abandoned 7.1(1) If the head has invited the applicant to supply additional details pursuant to subsection 6(3) or has given the applicant notice pursuant to clause 7(2)(a) and the applicant does not respond within 30 days after receiving the invitation or notice, the application is deemed to be abandoned. Often, it is clear when an applicant has decided not to pursue an access request. An applicant will indicate either in writing or on the telephone an intention not to proceed. This may be for a variety of reasons. For example, the applicant has found the information is available another way or no longer needs the information.105 Sometimes situations will arise where an applicant simply ceases to respond during the processing of an access to information request. No indication is given that the applicant has decided not to pursue the request. They simply do not respond to queries from the government institution.106 When this situation occurs, section 7.1(1) of FOIP sets out provisions for declaring an application abandoned. Subsection 7.1(1) of FOIP provides that the government institution can consider an application for access abandoned: • If the government institution invited the applicant to supply additional details to help identify the record pursuant to subsection 6(3) of FOIP and the applicant does not respond within 30 days. • If the government institution provided a subsection 7(2)(a) notice and the applicant does not respond within 30 days. IPC Findings In Review Report 302-2018, 303-2018, 304-2018, the Commissioner considered equivalent subsection 7.1(1) of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) for the first time. The City of Regina (City) had received three separate access to information requests along with a request to waive the full fees for processing each request. The City provided its fee estimate for each request to the applicant, and included a fee reduction, but not a full waiver. At a certain point, the City deemed the applications abandoned because the applicant had not provided the required deposit to proceed with 105 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 3 at p. 81. 106 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 3 at p. 81.
RkJQdWJsaXNoZXIy MTgwMjYzOA==