Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 113 The Commissioner is an independent Officer of the Legislative Assembly. The Commissioner has oversight over FOIP and jurisdiction to review compliance of FOIP by all government institutions in Saskatchewan subject to it. The Commissioner is neutral and does not represent a government institution, an applicant or a third party in a review. The Commissioner prepares a report on the completion of a review, which includes findings and recommendations for the government institution. The government institution has a responsibility to respond to the Commissioner’s report under section 56 of FOIP indicating whether it will comply with the recommendations. If not satisfied with the response from the government institution, an applicant or third party can pursue an appeal to the Court of King’s Bench for Saskatchewan. The Court of King’s Bench will determine the matter de novo. A hearing de novo means a review of a matter anew, as if the original hearing had not taken place.240 For more on the IPC review process, see The Rules of Procedure. For more on the role of the Commissioner, see Information and Privacy Commissioner – Roles and Responsibilities in Chapter 2. For more on section 49, see Chapter 3: Access to Records. Subsection 49(1) Application for review 49(1) Where: (a) an applicant is not satisfied with the decision of a head pursuant to section 7, 12 or 37; (a.1) an applicant is not satisfied that a reasonable fee was estimated pursuant to subsection 9(2); (a.2) an applicant believes that all or part of the fee estimated should be waived pursuant to subsection 9(5); 240 Garner, Bryan A., 2009. Black’s Law Dictionary, Deluxe 10th Edition. St. Paul, Minn.: West Group at p. 837.
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