Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 90 • 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.202 IPC Findings In Review Report 171-2018, 189-2018, the Commissioner considered whether eHealth Saskatchewan met its timelines when providing notice to the third party pursuant to section 34 of FOIP. The Commissioner found that as eHealth had missed providing the notice within the initial 30 days following receipt of the access to information request, it should not have provided third party notification. In Review Report 021-2021, 022-2021, 023-2021, the Commissioner considered the extension provision at subsection 12(1)(c) of FOIP which permits up to an additional 30 days to provide a response to applicants where a section 34 notice to third parties is required. The Ministry of Highways (Highways) applied the time extension citing subsection 12(1)(c) of FOIP. However, the Commissioner found that the extension was not authorized as Highways did not provide any arguments regarding third parties or that it required time to notify them. As well, Highways did not indicate in its initial response to the Commissioner and the applicant that any third parties were even involved. The Commissioner recommended that within 15 days of the issuance of the Review Report, Highways complete processing of the applicant’s three access to information requests, provide properly executed section 7 responses and refund the deposits already paid by the applicant. 202 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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