Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 94 Section 35: Waiver of notice Waiver of notice 35(1) A third party to whom a notice is required to be given pursuant to subsection 34(1) may waive the requirement for notice. (2) A third party who consents to the giving of access to a record containing information described in subsection 34(1) is deemed to have waived the requirement for notice. Subsection 35(1) of FOIP provides that a third party that would receive notice under subsection 34(1) of FOIP, can waive the requirement for notice. Subsection 35(2) of FOIP provides that a third party that has consented to the release of the third party information is deemed to have waived the requirement to receive notice. No response to the notice by the 21st day after the notice is given does not imply that the third party has consented to the disclosure of the information. The government institution should document its efforts to contact the third party. This is helpful in the event of a review by the Commissioner.208 Section 36: Right to make representations Right to make representations 36(1) A third party who is given notice pursuant to subsection 34(1): (a) is entitled to make representations to the head as to why access to the record or part of the record should not be given; and (b) within 20 days after the notice is given, shall be given the opportunity to make those representations. (2) Representations made by a third party pursuant to clause (1)(b) shall be made in writing unless the head waives that requirement, in which case they may be made orally. 208 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 5: Third Party Notice at p. 220.
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