Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 74 6. Clarify or narrow the request again (if the applicant initiates it). 7. Start searching for records when applicant pays 50% deposit. Types of Fees There are generally three kinds of fees that can be included in a fee estimate: 1. Fees for searching for records. 2. Fees for preparing records. 3. Fees for reproduction of records.123 1. Fees for Searching Fees for searching for a responsive record are pursuant to subsection 6(2) of The Freedom of Information and Protection of Privacy Regulations (FOIP Regulations). The government institution should develop a search strategy when preparing its fee estimate. For more on search strategies, see Search for Records earlier in this Chapter. The Commissioner has found that it is not reasonable to charge an applicant a fee for work already completed before the applicant has agreed to pay the fee.124 Government institutions should not complete the work when fee estimates are being prepared. It should be a true estimate. Completing the entire search before an applicant has agreed to pay fees or has the opportunity to narrow the search is a potential waste of government resources. This is supported by the language found at subsection 9(4) of FOIP which indicates a deposit is paid by the applicant “before a search is commenced for the records”. Fees for search time consists of every half hour of manual search time required to locate and identify responsive records. For example: • Staff time involved with searching for records. • Examining file indices, file plans or listings of records either on paper or electronic. • Pulling paper files/specific paper records out of files. • Reading through files to determine whether records are responsive. 123 Subsection 6(3) of The Freedom of Information and Protection of Privacy Regulations provides that where search and retrieval of electronic records is required, a fee equal to the actual cost is payable at the time access is given. See SK OIPC Review Report 258-2022 at [35] to [43] for more on this. 124 SK OIPC Review Reports 146-2015 and 147-2015 at [16] to [19], 115-2016 at [15].
RkJQdWJsaXNoZXIy MTgwMjYzOA==