Guide to LA FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 95 Subsection 10(4) Manner of access 10(4) A head may give access to a record: (a) by providing the applicant with a copy of the record; or (b) if it is not reasonable to reproduce the record, by giving the applicant an opportunity to examine the record. Local authorities can provide applicants with a copy of the record or give the applicant an opportunity to examine the record if it is not reasonable to reproduce it. IPC Findings In Review Report 027-2016, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner considered whether the Ministry of Justice and Attorney General (Justice) had an obligation to provide the applicant copies of records pursuant to subsection 10(2) of FOIP (now subsection 10(4) of FOIP). The applicant had requested access to any and all written documents that included the applicants name in any form from June 2014 until the time of the access request. Justice did not provide the applicant with copies of emails that were sent to or from the applicant. Justice did not provide them because the applicant was an employee of Justice and the applicant had access to the emails sent to and from him through his work email account. Justice asserted that this satisfied its requirement under subsection 10(2) of FOIP. Upon review, the Commissioner found that if the applicant wanted Justice to gather and print copies of records the applicant had access to, it was reasonable to charge fees. Section 11: Transfer of Application Transfer of application 11(1) Where the head of the local authority to which an application is made considers that another local authority or a government institution has a greater interest in the record, the head: (a) may, within 15 days after the application is made, transfer the application and, if necessary, the record to the other local authority or government institution; and

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