Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 114 (a.3) an applicant believes that an application was transferred to another government institution pursuant to subsection 11(1) and that government institution did not have a greater interest; (a.4) an individual believes that his or her personal information has not been collected, used or disclosed in accordance with this Act or the regulations; (b) a head fails to respond to an application for access to a record within the required time; or (c) an applicant requests a correction of personal information pursuant to clause 32(1)(a) and the correction is not made; the applicant or individual may apply in the prescribed form and manner to the commissioner for a review of the matter. Subsection 49(1) of FOIP provides that an applicant can request a review by the Commissioner under several circumstances including when they are not satisfied with the decisions of the government institution in sections 7, 12 or 37 notices or responses. Therefore, if applicants receive a section 37 decision from the government institution that denies access to the third party information, applicants have a right to request a review by the Commissioner of that decision. For more on subsection 49(1), see Chapter 3: Access to Records. Subsection 49(2) Application for review 49(2) An applicant or individual may make an application pursuant to subsection (1) within one year after being given written notice of the decision of the head or of the expiration of the time mentioned in clause (1)(b). Subsection 49(2) of FOIP provides that applicants may make a request for review to the Commissioner within one year after being given written notice of the decision of the government institution (i.e., after receiving the section 37 notice). For calculating “one year after being given written notice of the decision of the head” or of the deemed refusal, The Legislation Act establishes general rules that govern the interpretation of all statutory instruments in the province of Saskatchewan. Section 2-28 of The Legislation Act provides the following for the computation of time:

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