Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 122 a requirement. If a third party does not wish to make representation to the Commissioner, the review will continue without it. At the beginning of a review, the IPC will request the contact information for the third party from the government institution. The IPC will then send a notification to the third party inviting them to provide representations for section 19 of FOIP (or subsection 29(2)(o) of FOIP if applicable in the circumstances). The third party will generally be given 30 days to provide its representations to the Commissioner.248 Representation means the documents, other evidence and/statements or affidavits provided by a party setting out its position with respect to the information at issue and often referred to as a submission.249 A submission informs the Commissioner of the third party’s main arguments and presents supporting information to make its case.250 The IPC has issued several guides, blogs, and other resources on how to prepare an effective submission: • A Guide to Submissions: Increasing your chances of success • IPC Guide to FOIP, Chapters 1 to 6 • IPC Guide to LA FOIP, Chapters 1 to 6 • IPC Guide to HIPA • What Makes a Good Submission? • Tips for a Good Submission Third parties should focus their arguments and supporting information on how section 19 applies (or why personal information should not be released pursuant to subsection 29(2)(o) of FOIP if that is the issue subject to review). The discretion to apply other discretionary exemptions under Part III of FOIP is reserved for the “head” of the government institution 248 SK OIPC resource, The Rules of Procedure at sections 2-5 and 2-6. 249 SK OIPC Rules of Procedure at p. 3. 250 SK OIPC resource, What to Expect During a Review with the IPC at p. 8.
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