Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 107 Subsection 37(2)(b) Decision 37(2) A notice given pursuant to clause (1)(b) is to include: … (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. The notice of decision should contain the following elements: 1. ... 2. where the decision is to permit access, a statement that the applicant will be given access (and what portions will be given) within 20 days after the notice of decision is given, unless the third party requests a review by the Commissioner pursuant to section 49 of FOIP (s 37(2)(b)). The 20-day time period for a government institution to release the third party information begins on the day after the section 37 notice of decision is sent (i.e., the day after the government institution sends the notice, the clock starts), not the date the third party receives it. The date on which the notice of decision is sent should be marked on the notice indicating posting or electronic transmission (e.g., the postmark for regular mail, the transmission date for email or facsimile). Government institutions should choose a delivery method that ensures that notice is given promptly (e.g., courier, email, or priority post).235 If the third party has consented to the release of the third party information, the government institution should release the information unless another exemption in the Act applies to it. For a sample model letter236 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. 235 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 216. 236 For other samples of model letters by the Access and Privacy Branch, Ministry of Justice see publications. Saskatchewan.ca/#/categories/340.
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