Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 80 third parties have been identified before beginning the notification process, then to send out all the notices at the same time.187 If releasing, notice to the third party is required • Additional time for third party notice may be permitted under subsection 12(1)(c) of FOIP where the government institution intends to release the third party information. Applicants must be advised of this extension within the initial 30-day period pursuant to subsection 12(2) of FOIP and the entire process must be completed within a maximum of 60 days from the date the access to information request was received (i.e., the section 7 decision and/or section 37 decision to the applicant must be sent by the 60th day at the latest). For more information on extensions of time for third party notice, see Chapter 3: Access to Records at section 12. • Consider whether subsection 19(2) of FOIP can be relied upon for release. In other words, does the government institution have written consent from the third party to release the information? A request for consent should be included when drafting the notice to the third party. See subsection 34(2) below for more information on what to include in the notice. The third party may consent to release of the information, or it may wish to make representations to the government institution pursuant to section 36 of FOIP on why the information should be withheld. • Consider if subsection 19(3) of FOIP has any application. Subsection 19(3) of FOIP provides that third party information can be released if the circumstances described in subsections 19(3)(a) and (b) of FOIP apply. The notice to the third party can include notice that subsection 19(3)(a) and (b) of FOIP has been found to apply. The third party may consent to release of the information, or it may wish to make representations to the government institution pursuant to section 36 of FOIP on why the information should be withheld. See below for more on section 36 of FOIP. To receive notice, the third party must be able to be located with reasonable effort by the government institution. A reasonable effort is the level of effort you would expect of any fair, sensible person. What is reasonable depends on the information at issue and related 187 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 216.
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