Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 109 (5) A time limit for the doing of anything that falls or expires on a holiday is extended to include the next day that is not a holiday. (6) A time limit for registering or filing documents or for doing anything else that falls or expires on a day on which the place for doing so is not open during its regular hours of business is extended to include the next day the place is open during its regular hours of business.238 Based on this, the following can be applied for calculating “20 days after a notice is given” under FOIP: • The first day the notice is given is excluded in the calculation of time [s. 2-28(2)]; • If the due date falls on a holiday, the time is extended to the next day that is not a holiday [s. 2-28(5)]; • If the due date falls on a weekend, the time is extended to the next day the office is open [s. 2-28(6)]; and • As FOIP expresses the time in a number of days, this is interpreted as 20 calendar days, not business days. 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.239 IPC Findings In Review Report 012-2018, the Commissioner considered whether a third party met the 20day timeline to request a review under subsection 36(3) of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The Commissioner received the third party’s request for review seven days past the 20-day deadline. In its representations to the Commissioner, the third party asserted that there was confusion on how to request a review by the Commissioner. However, upon review, the Commissioner found that the City of Regina’s notice of decision to the third party instructed it on how and where to request a review by the Commissioner. As a result, the Commissioner found that the City of Regina met its duty to assist under section 5.1 of LA FOIP. Furthermore, the Commissioner found that the third party did not request a review within the legislated timeline of 20 days after receiving the City’s notice pursuant to section 36 of LA FOIP. Since subsection 36(3) of LA FOIP 238 The Legislation Act, SS 2019, c L-10.2 at s. 2-28. 239 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.
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