Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 83 For this reason, government institutions should have a policy or process for dealing with fee waivers and not make decisions arbitrarily. A government institution should be able to explain in detail how it arrived at its decision to deny the request for a fee waiver. For more information, the Ministry of Justice and Attorney General developed a resource titled, Managing Fee Waiver Requests. IPC Findings In Review Report 302-2018, 303-2018, 304-2018, the Commissioner considered the equivalent provision [s. 8(1)(b)] of The Local Authority Freedom of Information and Protection of Privacy Regulations. An applicant had requested the City of Regina (City) waive all of the fee for accessing records because the fee would cause financial hardship to the applicant. The City denied a full fee waiver. Upon review, the Commissioner found that the applicant did not provide what was requested by the City in order to establish financial hardship and to meet the prescribed circumstances. The Commissioner recommended the City amend its fee waiver application form to include examples of what “documented evidence” could include so applicants are aware of what constitutes acceptable documentation or evidence. This may include, but not be limited to, copies of a Notice of Assessment, an existing program eligibility letter or pay stub. Subsection 9(1)(b) - 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: … (b) if the application involves the personal information of the applicant; Subsection 9(1)(b) of The Freedom of Information and Protection of Privacy Regulations provides that the government institution can waive the payment of fees if the application involves the personal information of the applicant. It is important for government institutions to be open with individuals regarding their own personal information.130 130 Ministry of Justice, Resource, Managing Fee Waiver Requests, at p. 5.
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