Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 116 • 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)]. • As FOIP expresses the time as one year, this is interpreted as 365 calendar days, not business days [s. 2-28(8)]. If an applicant did not receive a response from the government institution, the applicant still has one year from the 30th day under which the government institution was deemed to have responded.242 The same rules around the computation of time noted above from The Legislation Act apply in this circumstance also. Subsection 49(3) Application for review 49(3) A third party may apply in the prescribed form and manner to the commissioner for a review of a decision pursuant to section 37 to give access to a record that affects the interest of the third party. Subsection 49(3) of FOIP provides that a third party can request a review by the Commissioner. Third parties can request a review pursuant to subsection 49(3) of FOIP when they are not satisfied with the government institution’s section 37 notice of decision. For example, the government institution provides notice that it has decided to release the third party information. This request for review must be made within 20 days after being given the section 37 notice of decision from the government institution. Third parties who wish to make a request for review can do so using Form B found in The Freedom of Information and Protection of Privacy Regulations. The form should be completed and provided to the IPC along with a copy of the government institution’s section 37 notice of decision. Any other relevant information, such as other communications with the government institution, can also be attached. The IPC will also accept requests for review that 242 Section 49(2) of FOIP provides that the one year also includes the date as of which the government institution is deemed to have responded – see sections 7(5) and 37(4) of FOIP.
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