Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 79 Alternatively, the applicant could request a review of the fee estimate. If a review of the fee estimate is requested and the applicant has paid the 50% deposit, the government institution should proceed with processing the request despite the review underway. This prevents a delay in accessing records. Depending on the outcome of the review, a fee can be adjusted or refunded at any point.126 If the applicant requests a review of the fee estimate but chooses not to pay the 50% deposit until the review is complete, the government institution does not need to proceed with processing the request until the review is complete and the applicant indicates he or she wishes to proceed. Where a 50% deposit has been paid and access to the records is refused, the deposit must be refunded to the applicant pursuant to subsection 8(2) of The Freedom of Information and Protection of Privacy Regulations. Subsection 9(5) Fee 9(5) Where a prescribed circumstance exists, the head may waive payment of all or any part of the prescribed fee. Subsection 9(5) of FOIP provides that a government institution can waive payment of all or part of the fees in prescribed circumstances. The prescribed circumstances are outlined at section 9 of The Freedom of Information and Protection of Privacy Regulations. Fee Waivers Section 9 – FOIP Regulations Waiver of fees 9(1) For the purposes of subsection 9(5) of the Act, the following circumstances are prescribed as circumstances in which a head may waive payment of fees: 126 SK OIPC Review Report F-2010-001 at [13] and [14].
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