Office of the Information and Privacy Commissioner. Guide to FOIP, CHAPTER 5, Third Party Information. Updated 9 March 2023. 95 Subsection 36(1)(a) 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 … A third party that has received notice from the government institution has the right to make representations to the government institution. The government institution will take into consideration written representations received from third parties when deciding whether to withhold or release information from records. Representation means the documents, other evidence and/statements or affidavits provided by a party setting out its position with respect to the information at issue and often referred to as a submission.209 A submission informs the government institution of the third party’s main arguments and presents supporting information to make its case.210 Written submissions may be made in the form of a letter, fax, email or other written communication submitted to the government institution in which the third party clearly states: • What specific information the third party considers to be subject to section 19 of FOIP. • Which specific subsection of section 19 of FOIP applies (i.e., (a) through (f)). • Why that subsection applies (provide any supporting evidence). OR • That it does not oppose release of the information. The submissions must be in writing unless the head of the government institution waives that requirement in certain circumstances as per subsection 36(2) of FOIP – see below. The fact that a third party has objected to the release of information is not sufficient grounds for information to be withheld under FOIP. The purpose of third party representations is to 209 SK OIPC Rules of Procedure at p. 3. 210 SK OIPC resource, What to Expect During a Review with the IPC at p. 8.
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