Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 119 are not on Form B provided the request is in writing and contains the same elements of information as Form B. For more on section 49, see Chapter 3: Access to Records. IPC Findings In Review Report 012-2018, the Commissioner considered whether a third party met the 20day timeline to request a review under subsection 36(3) of The Local Authority Freedom of Information and Protection of Privacy Act (LA FOIP). The Commissioner received the third party’s request for review 7 days past the 20-day deadline. In its representations to the Commissioner, the third party asserted that there was confusion on how to request a review by the Commissioner. However, upon review, the Commissioner found that the City of Regina’s notice of decision to the third party instructed it on how and where to request a review by the Commissioner. As a result, the Commissioner found that the City of Regina met its duty to assist under section 5.1 of LA FOIP. Furthermore, the Commissioner found that the third party did not request a review within the legislated timeline of 20 days after receiving the City’s notice of decision pursuant to section 36 of LA FOIP. Since subsection 36(3) of LA FOIP 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.

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