Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 65 each request in what the City felt was the applicable timeline. The applicant requested a review by the IPC. The Commissioner found that the conditions for issuing a notice of abandonment pursuant to section 7.1 of LA FOIP were not met and that the City improperly issued a notice of abandonment to the applicant. In other words, subsection 7.1(1) of LA FOIP was not applicable following the issuing of a fee estimate. It was only applicable for the final notice of payment of the remainder of the fees pursuant to subsection 7(2)(a) of LA FOIP.107 In Review Report 136-2022, the Commissioner reviewed a fee estimate issued to an applicant by the Water Security Agency (WSA). The fee estimate was $200, and the applicant requested the Commissioner review the WSA’s estimate. Shortly after requesting a review, the applicant received a letter from the WSA indicating that as no response to the fee estimate was received in the form of a deposit, the WSA had deemed the request abandoned pursuant to subsection 7.1(1) of FOIP. Upon review, the Commissioner pointed to Review Report 3022018, 303-2018, 304-2018 where the Commissioner found that subsection 7.1(1) of the equivalent provision in The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP) was not applicable following the issuance of a fee estimate. It was only applicable following the final notice of payment of the remainder of the fees pursuant to subsection 7(2)(a) of LA FOIP. The Commissioner found that WSA was premature in its decision to deem the access to information request abandoned. Subsection 7.1(2) Applications deemed abandoned 7.1(2) The head shall provide the applicant with a notice advising that the application is deemed to be abandoned. If the applicant does not respond within 30 days of being contacted, the government institution can advise the applicant, in writing, that the application has been declared abandoned. The Ministry of Justice and Attorney General has developed model letters. The samples include a letter to an applicant notifying them that the application is being declared abandoned. See 20 Applications Deemed Abandoned – FOIP. 107 SK OIPC Review Report 302-2018, 303-2018, 304-2018 at [51] to [52].
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