Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 118 (4) In the calculation of time expressed as a number of clear days, weeks, months or years or as “at least” or “not less than” a number of days, weeks, months or years, the first and last days are excluded. (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.244 Based on this, the following can be applied for calculating “20 days after being given” the government institution’s decision 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)]. • 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.245 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 244 The Legislation Act, SS 2019, c L-10.2 at s. 2-28. 245 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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