Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 2 Quick Reference 1: Third party timelines If the government institution does not intend to disclose third party information, third party notice is not required. However, if the government institution intends to disclose, notice is required to the third party. The following is a quick reference for the time limits involved with third party information.3 For more detail on each section below, refer to that section in this Chapter. The timelines set out in subsections 34(2), 36(1)(b), 37(1), 37(2), 37(3), 49(2), 49(4), and sections 56, and 57 of FOIP are fixed and there is no mechanism established within FOIP to formally modify or extend them. Step Step Description Time Limit 1. Notice to Third Party (section 34) Wavier of Notice (section 35) Extension of Time (section 12) As soon as possible, but at least within 30 days of receipt of the access to information request (unless time limit is extended by section 12). 2. Right to Make Representations (section 36) Government institution must have received representation from the third party within 20 days after Notice to Third Party is sent. 3. Notice of Decision (section 37) Within 30 days after Notice to Third Party is sent. (Can also be articulated as 10 days after 3 The above table was adapted from British Columbia Government Services, FOIPPA Policy and Procedures Manual at Section 24 - Time limit and notice of decision - Province of British Columbia (gov.bc.ca). Accessed Sept. 1, 2022. For a more detailed reference document on timelines and procedures, see the Access and Privacy Branch, Ministry of Justice resource, Help with FOIP!!, Access Request Checklist, Third Party Notification Required.
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