Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 110 provides that the head of the City of Regina “shall” provide access to a record (or specified part of it), after 20 days, the Commissioner recommended the City of Regina release the record to the applicant. Subsection 37(4) Decision 37(4) A head who fails to give notice pursuant to clause (1)(b) is deemed to have given notice, on the last day of the period set out in subsection (1), of a decision to refuse to give access to the record. Subsection 37(4) of FOIP provides that where a government institution has failed to give notice to an applicant (or third party) that access to the third party information is denied is deemed to have given notice of this decision on the 30th day after the section 34 notice is sent. This provision is similar to subsection 7(5) of FOIP and has similar intent. The IPC refers to this lack of response or notice as a “deemed refusal”. In the absence of providing notice, the government institution is deemed to have refused access. Government institutions should be aware that a subsection 7(2) decision for an access to information request is still required and exemptions applied to other information (besides the third party information) must be addressed in the subsection 7(2) decision. Applicants who have failed to receive a section 37 notice that access to the third party information is denied, can proceed to request a review by the Commissioner pursuant to section 49 of FOIP. In addition, applicants who have failed to receive a subsection 7(2) decision, can proceed to request a review by the Commissioner pursuant to section 49 of FOIP. Applicants have up to one year to request a review (see section 49 later in this Chapter). IPC Findings In Review Report 066-2019, the Commissioner considered subsection 7(5) of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The Northern Village of Pinehouse (Village) failed to provide a section 7 response to the applicant within the 30-day deadline. Therefore, it is deemed to have responded on the 30th day with a refusal
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