Guide to LA FOIP-Chapter 2

Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 29 Once an applicant, individual or third party receives the head’s section 45 response, it has 30 days to make an application to the Court of King’s Bench if not satisfied pursuant to section 46 of LA FOIP. For more information on the Court of King’s Bench see Courts of Saskatchewan. See also Court of King’s Bench – Roles & Responsibilities, later in this Chapter. In the recent Court of Appeal for Saskatchewan decision, Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII), the court clarified the de novo nature of an appeal pursuant to [section 46 of LA FOIP]. Part VI of LA FOIP does not in any way contemplate that, on an appeal to the Court of King’s Bench, parties can raise any and all provisions of the Act that bear on the question of whether the record in issue may be released. The system of the Act offers no room for a direct appeal to the Court of King’s Bench from the decision of a head, i.e., an appeal that circumvents the application to the Commissioner for a review.36 For more on the Commissioner’s procedures for reviews, investigations and issuing reports, see The Rules of Procedure. Section 45 (FOIP): General Powers of Commissioner General powers of commissioner 45(1) In this section, “extraprovincial, territorial or federal commissioner” means a person who, with respect to Canada or with respect to another province or territory of Canada, has duties, powers and functions similar to those of the commissioner. (2) The commissioner may: (a) engage in or commission research into matters affecting the carrying out of the purposes of this Act; (b) conduct public education programs and provide information concerning this Act and the commissioner’s role and activities; (c) receive representations concerning the operation of this Act; (d) determine the procedure to be followed in the exercise of the powers or performance of any duties of the commissioner pursuant to this Act; and (e) exchange personal information with an extraprovincial, territorial or federal commissioner for the purpose of carrying out investigations with respect to personal 36 Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLII) at [41] and [47]. Although this matter dealt with The Freedom of Information and Protection of Privacy Act, it is relevant as substantially similar provisions can be found in LA FOIP.

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