Guide to FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 84 Subsection 9(1)(c) - 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: … (c) if the prescribed fee or actual cost for the service is $100 or less. Subsection 9(1)(c) of The Freedom of Information and Protection of Privacy Regulations provides that the government institution can waive the payment of fees if the fee is $100 or less. In view of the administrative costs involved to collect $100 for processing fees from an applicant, the government institution may decide to waive the fees. Once a policy for this is adopted, it should be applied consistently for all access requests (i.e., the practice should not just be applied to certain applicants and not others).131 Subsection 9(2) - FOIP Regulations Waiver of fees 9(2) For the purposes of clause 9(1)(a), substantial financial hardship includes circumstances in which the applicant: (a) is receiving assistance pursuant to The Saskatchewan Assistance Act as an individual or as part of a family unit; (b) is receiving assistance pursuant to The Training Allowance Regulations; or (c) is receiving legal assistance or representation from any of the following organizations, including any of the same organizations operating from time to time under another name: (i) The Saskatchewan Legal Aid Commission; (ii) Pro Bono Law Saskatchewan; (iii) Community Legal Assistance Services for Saskatoon Inner City Inc. (CLASSIC). 131 Ministry of Justice, Resource, Managing Fee Waiver Requests, at p. 5.

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