Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 98 2-28(1) A period expressed in days and described as beginning or ending on, at or with a specified day, or continuing to or until a specified day, includes the specified day. (2) A period expressed in days and described as occurring before, after or from a specified day excludes the specified day. (3) A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens. (4) In the calculation of time expressed as a number of clear days, weeks, months or years or as “at least” or “not less than” a number of days, weeks, months or years, the first and last days are excluded. (5) A time limit for the doing of anything that falls or expires on a holiday is extended to include the next day that is not a holiday. (6) A time limit for registering or filing documents or for doing anything else that falls or expires on a day on which the place for doing so is not open during its regular hours of business is extended to include the next day the place is open during its regular hours of business.219 Based on this, the following can be applied for calculating “within 20 days after the notice is given” under FOIP: • The first day the notice is given is excluded in the calculation of time [s 2-28(2)]; • If the due date falls on a holiday, the time is extended to the next day that is not a holiday [s 2-28(5)]; • If the due date falls on a weekend, the time is extended to the next day the office is open [s 2-28(6)]; and • As FOIP expresses the time in a number of days, this is interpreted as 20 calendar days, not business days. 219 The Legislation Act, SS 2019, c L-10.2 at s. 2-28.
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