Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 102 in demonstrating to the Commissioner that the exemption applies (see section 61 of FOIP or Chapter 2: Administration of FOIP under the heading Burden of Proof for more guidance). Subsection 37(1)(b) 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: … (b) give written notice of the decision to the third party and the applicant. Notice of the decision must be given to both the third party and the applicant that has requested the information. Third parties should not be told who the applicant is at any point in the process. 226 Government institutions can combine a section 7 decision with the section 37 notice to an applicant.227 This is an efficient way to meet the timelines imposed by FOIP. For more on section 7 responses, see Chapter 3: Access to Records. When determining the 30-day timeline for sending the section 37 notice of decision, The Legislation Act establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. Section 2-28 of The Legislation Act provides the following for the computation of time: 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. 226 Les Viandes du Breton Inc. v. Canada (Canadian Food Inspection Agency), 2006 FC 1075 (CanLII) at [13] and [19]. 227 SK OIPC Review Report 082-201-, 083-2019 at [12] to [17] and [121].
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