Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 96 (b) if a record is transferred pursuant to clause (a), shall give written notice of the transfer and the date of the transfer to the applicant. (2) For the purposes of this section, another local authority or a government institution has a greater interest in a record if: (a) the record was originally prepared in or for the other local authority or the government institution; or (b) the other local authority or the government institution was the first government institution to obtain the record or a copy of the record. (3) For the purposes of section 7 and section 7 of The Freedom of Information and Protection of Privacy Act, an application that is transferred pursuant to subsection (1) is deemed to have been made to the local authority or the government institution on the day of the transfer. (4) Where the application is transferred to a government institution, The Freedom of Information and Protection of Privacy Act, and not this Act, applies to the application. There are occasions when an applicant makes a request to one local authority that would be more appropriately handled by another local authority or a government institution. Greater interest is where two or more local authorities or government institutions have possession or control of a record, the concept of greater interest may be used to determine which local authority or government institution should respond to a request for access to the record.139 See subsection 11(2) below for the criteria to determine “greater interest” in a record. Transfer means the act by which the local authority formally passes to another local authority or a government institution the responsibility for processing a request for access to records under LA FOIP.140 Subsection 38(1)(a.3) of LA FOIP provides that an applicant can request a review of the local authority’s decision to transfer the applicant’s access to information request. For more on requests for review, see Section 38: Application for Review later in this Chapter. 139 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 140 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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