Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 104 IPC Findings In Review Report 082-2019, 083-2019, the Commissioner considered whether the Ministry of Health (Health) met the timelines required by subsection 37(1) of FOIP. The Commissioner noted that the section 37 notice was provided past the extended 60-day deadline. The section 7 decision should have already been provided to the applicant by the time the section 37 notice was issued. However, the section 37 notice issued by Health to the applicant appeared to contain all the required elements for a section 7 decision. The Commissioner determined that there was nothing in FOIP that prevented a government institution from combining its section 7 decision with its section 37 response. The Commissioner indicated that procedurally, this process makes sense as the applicant can end up requesting a review within 20 days, as the applicant did in this case, before the final section 7 decision is issued. Subsection 37(2) Decision 37(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 (b) in the case of a decision to give access, a statement that the applicant will be given access to the record or to the part of it specified unless, within 20 days after the notice is given, the third party requests a review pursuant to section 49. When the government institution has made the decision on access to the record, written notice is sent to both the applicant and the third party and should contain the following: 1) Government institution decides to deny access. The notices must: • State that the government institution has decided to deny access to the record in full or in part. • Include information about the applicant’s right to request a review by the Commissioner within one year of the notice of decision being given pursuant to section 49 of FOIP.
RkJQdWJsaXNoZXIy MTgwMjYzOA==