Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 12 the first 30 days after an application is made. Within the period of extension, the head shall give notice in accordance with section 7. • Subsection 25(2) requires the local authority to inform an individual of the purpose for the direct collection of the individual’s personal information. • Section 33 notice is to be given to third parties where a head intends to give access to third party information (see section 18 of LA FOIP) or personal information that may be disclosed pursuant to subsection 28(2)(n) of LA FOIP. This notice requirement can be waived by the third party (see section 34 of LA FOIP). • Section 36 notice of the head’s decision regarding whether access to the third party information will be given is to be provided to the third parties within 30 days after the third party was provided notice pursuant to section 33 of LA FOIP. • Section 41 notice is to be given to third parties that a review by the Information and Privacy Commissioner (IPC) is occurring. The head shall provide this notice to any third party that was or would have been given notice under section 33 of LA FOIP. This notice shall be given immediately upon learning of the IPC’s review. The head must also immediately provide notice of a review to an applicant where the review is requested by the third party. • Section 45 notice of the head’s decision regarding the Commissioner’s report must be given to the Commissioner, applicant or individual and third party within 30 days of receiving the Commissioner’s report. • Subsections 46(2) and (3) require notice to be given to any third party that was or would have been given notice under section 33 of LA FOIP advising them that an appeal to the Court of King’s Bench has been made by an applicant. If it is the third party that is appealing to the Court of King’s Bench, then the head must give notice to the applicant. Subsection 54(1)(c) of LA FOIP provides that no proceeding lies or shall be instituted against a local authority or the head or other officer or employee of a local authority if it fails to give any notice required under LA FOIP provided reasonable care was taken to give the notice. Subsection 54(2) of LA FOIP provides that reasonable care is deemed to have been taken if the notice was sent to the applicant’s address that was provided on the access to information form.
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