Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 36 All of the Commissioner’s annual reports dating back to 2003 are posted on the Commissioner’s website. COURT OF KING’S BENCH - ROLES & RESPONSIBILITIES Section 46: Appeal to Court Appeal to court 46(1) Within 30 days after receiving a decision of the head pursuant to section 45, an applicant or individual or a third party may appeal that decision to the court. (2) A head who has refused an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by an applicant, give written notice of the appeal to any third party that the head: (a) has notified pursuant to subsection 33(1); or (b) would have notified pursuant to subsection 33(1) if the head had intended to give access to the record or part of the record. (3) A head who has granted an application for access to a record or part of a record shall, immediately on receipt of a notice of appeal by a third party, give written notice of the appeal to the applicant. (4) A third party who has been given notice of an appeal pursuant to subsection (2) or an applicant or individual who has been given notice of an appeal pursuant to subsection (3) may appear as a party to the appeal. (5) The commissioner shall not be a party to an appeal. A person or party who is dissatisfied with the head’s decision following the Commissioner’s review or investigation under LA FOIP, may pursue an appeal of the decision to the court. An appeal to the court begins with an application to the Court of King’s Bench for Saskatchewan and may be appealed further by any party. For more on the process of appealing to the Court of King’s Bench see the Guide to LA FOIP, Chapter 3, “Access to Records” or IPC resource, Guide to Appealing the Decision of a Head of a Government Institution, or a Local Authority, or a Health Trustee. The levels of an appeal follow a hierarchical model as follows: 1. Court of King’s Bench for Saskatchewan
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