Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 125 Section 56: Decision of head Decision of head 56(1) Within 30 days after receiving a report of the commissioner pursuant to subsection 55(1), a head shall: (a) make a decision to follow the recommendation of the commissioner or any other decision that the head considers appropriate; and (b) give written notice of the decision to the commissioner and the persons mentioned in subsection 55(2). Section 56 of FOIP provides that 30 days after receiving the Commissioner’s report, the government institution will provide its decision regarding the Commissioner’s recommendations (or any other decision it intends to make) to the Commissioner, applicant, and third parties involved in the review. For calculating “within 30 days after receiving a report of the commissioner”, 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: 2-28(1) A period expressed in days and described as beginning or ending on, at or with a specified day, or continuing to or until a specified day, includes the specified day. (2) A period expressed in days and described as occurring before, after or from a specified day excludes the specified day. (3) A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens. (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.

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