Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 3, Access to Records. Updated 5 May 2023. 94 institution should respond to a request for access to the record.139 See Subsection 11(2) below for the criteria to determine “greater interest” in a record. Transfer means the act by which one government institution formally passes to another government institution the responsibility for processing a request for access to records under FOIP.140 Subsection 49(1)(a.3) of FOIP provides that an applicant can request a review of the government institution’s decision to transfer the applicant’s access to information request. For more on requests for review, see Section 49: Application for Review later in this Chapter. Subsection 11(1) Transfer of application 11(1) Where the head of the government institution to which an application is made considers that another government institution has a greater interest in the record, the head: (a) may, within 15 days after the application is made, transfer the application and, if necessary, the record to the other government institution; and (b) if a record is transferred pursuant to clause (a), shall give written notice of the transfer and the date of the transfer to the applicant. Subsection 11(1) of FOIP enables government institutions to transfer an access to information request (and if necessary, the responsive records) to another government institution if the other government institution has a greater interest in the record. The transfer must take place within 15 days of the government institution receiving the access to information request. Once transferred, the 30-day deadline for the receiving government institution begins [subsection 11(3)]. In accordance with subsection 2-28(3) of The Legislation Act, the first day 139 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 140 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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