Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 300 (5) A time limit for the doing of anything that falls or expires on a holiday is extended to include the next day that is not a holiday. (6) A time limit for registering or filing documents or for doing anything else that falls or expires on a day on which the place for doing so is not open during its regular hours of business is extended to include the next day the place is open during its regular hours of business.784 Based on this, the following can be applied for calculating “within 30 days after a request pursuant to clause (1)(a) is received” under FOIP: • The first day the request is received is excluded in the calculation of time [s 2-28(2)]. • 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)]. • 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.785 If the government institution does not respond to an individual within 30 days after receiving the request for correction, the individual has a right to request a review by the Commissioner pursuant to subsection 49(1)(c) of FOIP. For more on subsection 49(1)(c) of FOIP, see Guide to FOIP, Chapter 3: “Access to Records”, Section 49. Individual’s may also request a review by the Commissioner if they disagree with the decision made by the government institution or if the government institution does not respond at all to the correction request. In each case, the appropriate method for correcting personal information should be determined by taking into account the nature of the record, the method indicated by the applicant, if any, and the most practical and reasonable method in the circumstances. 784 The Legislation Act, SS 2019, c L-10.2 at s. 2-28. 785 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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