Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 126 (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.254 Based on this, the following can be applied for calculating “within 30 days after receiving a report of the commissioner” under FOIP: • The first day the report is received 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 30 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.255 254 The Legislation Act, SS 2019, c L-10.2 at s. 2-28. 255 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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