Guide to FOIP Chapter-5

Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 127 Section 57: Appeal to court Appeal to courts 57(1) Within 30 days after receiving a decision of the head pursuant to section 56, an applicant or individual or a third party may appeal that decision to the court. (2) A head who has refused an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by an applicant, give written notice of the appeal to any third party that the head: (a) has notified pursuant to subsection 34(1); or (b) would have notified pursuant to subsection 34(1) if the head had intended to give access to the record or part of the record. (3) A head who has granted an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by a third party, give written notice of the appeal to the applicant. (4) A third party who has been given notice of an appeal pursuant to subsection (2) or an applicant or individual who has been given notice of an appeal pursuant to subsection (3) may appear as a party to the appeal. (5) The commissioner shall not be a party to an appeal. Section 57 of FOIP provides that within 30 days of receiving a decision of the head, an applicant or third party can appeal the decision of the head to the court if not satisfied with the decision. The levels of an appeal follow a hierarchical model as follows: 1. Court of King’s Bench for Saskatchewan; 2. Court of Appeal for Saskatchewan; and 3. Supreme Court of Canada.256 The Court of King’s Bench for Saskatchewan consists of a Chief Justice of the King’s Bench and currently 36257 other judges. Each King’s Bench judge is assigned to a specific judicial 256 Courts of Saskatchewan, Resources, Court Structure. Available at https://sasklawcourts.ca/index.php/home/resources/learn-about-the-courts-resources/court-structure. 257 Courts of Saskatchewan at https://sasklawcourts.ca/index.php/home/court-of-queen-sbench/judges. Accessed February 21, 2023.

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