Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 99 The Legislation Act does not allow for additional time for personal holidays, scheduled days off or if staff are away from the office due to illness.220 Subsection 36(2) Right to make representations 36(2) Representations made by a third party pursuant to clause (1)(b) shall be made in writing unless the head waives that requirement, in which case they may be made orally. A third party’s representations to the government institution must be in writing. There is good reason for this. In the interest of transparency, government institutions should have a written record of a decision-making process. There are unique situations where the “head”221 may waive the requirement and accept oral representations. A government institution may choose to record the oral representation which can be transcribed afterward or take detailed notes. Section 37: Decision Decision 37(1) After a third party has been given an opportunity to make representations pursuant to clause 36(1)(b), the head shall, within 30 days after notice is given: (a) decide whether or not to give access to the record or part of the record; and (b) give written notice of the decision to the third party and the applicant. (2) A notice given pursuant to clause (1)(b) is to include: (a) a statement that the third party and applicant are entitled to request a review pursuant to section 49 within 20 days after the notice is given; and 220 SK OIPC Blog, The Interpretation Act, 1995 – Things to Know, June 7, 2017. The Legislation Act replaced The Interpretation Act, 1995. It came into force on May 15, 2019. 221 The “head” is defined at section 2(1)(e) of The Freedom of Information and Protection of Privacy Act.

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