Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 78 Subsection 9(3) Fee 9(3) Where an estimate is provided pursuant to subsection (2), the time within which the head is required to give written notice to the applicant pursuant to subsection 7(2) is suspended until the applicant notifies the head that the applicant wishes to proceed with the application. For the government institution, the 30-day deadline to respond to an access request is suspended once the fee estimate is sent and remains suspended until the applicant notifies the government institution that the applicant wishes to proceed with the application. When an applicant pays the 50% deposit referred to in subsection 9(4) of FOIP, this qualifies as an indication that they wish to proceed. When the applicant indicates they wish to proceed, the clock is no longer suspended, and the government institution has whatever days are left within its original 30 days to complete the work and issue the response. IPC Findings In Review Report 261-2016 & 284-2016, the Commissioner found that an extension applied at the same time of a fee estimate was not necessary and not in keeping with FOIP because the clock stopped when the fee estimate was issued. The Commissioner recommended government institutions issue fee estimates within the first three to 10 days of an access request being received so there is still time to process the request once a deposit is received. Subsection 9(4) Fee 9(4) Where an estimate is provided pursuant to subsection (2), the head may require the applicant to pay a deposit of an amount that does not exceed one-half of the estimated amount before a search is commenced for the records for which access is sought. Subsection 9(4) of FOIP provides that the government institution can require the applicant to pay a 50% deposit on the fee estimate. The applicant must pay this deposit before the government institution commences its search for records.
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