Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 92 business is extended to include the next day the place is open during its regular hours of business.203 Based on this, the following can be applied for calculating the initial 30 days under FOIP: • The first day the access request is received is excluded in the calculation of time [s 228(3)]; • 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)]; and • 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.204 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 112-2021, the Commissioner found that the extension of the response deadline applied by the Ministry of Highways (Highways) pursuant to subsection 12(1)(c) of FOIP did not satisfy the criteria set out in section 12 of FOIP. This finding was partly due to third party notice being provided to the third party 84 days after Highways received the applicant’s access to information request. 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, 203 The Legislation Act, SS 2019, c L-10.2 at s. 2-28. 204 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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