Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 105 2) Government institution decides to give full or partial access. The notices must: • State that the government institution has decided to grant full or partial access to the record. • Include information about the third party’s right to request a review by the Commissioner within 20 days of the notice of decision being given pursuant to section 49 of FOIP. • State that the applicant will be given access within 20 days from when the notice of decision is given unless a review is requested by the third party.230 For a sample model letter231 see the Ministry of Justice, Access and Privacy Branch’s sample titled, 16 Notification to Third Party under Sec 37 – Decision of Government Institution and 17 Notification to Applicant under section 37 – Decision of Government Institution. Third parties should not be told who the applicant is at any point in the process.232 Subsection 37(2)(a) 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 … The notice of decision should contain the following elements: 1. A statement that the third party and the applicant are entitled to request a review by the Commissioner pursuant to section 49 of FOIP within 20 days after the notice of decision is given (s 37(2)(a)); and 230 Adapted from British Columbia Government Services, FOIPPA Policy and Procedures Manual at Section 24 - Time limit and notice of decision - Province of British Columbia (gov.bc.ca). Accessed Sept. 1, 2022. 231 For other samples of model letters by the Access and Privacy Branch, Ministry of Justice see publications. Saskatchewan.ca/#/categories/340. 232 Les Viandes du Breton Inc. v. Canada (Canadian Food Inspection Agency), 2006 FC 1075 (CanLII) at [13] and [19].
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