Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 97 Subsection 11(1) 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 (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. Subsection 11(1) of LA FOIP enables local authorities to transfer an access to information request (and if necessary, the responsive records) to another local authority or a government institution if the other local authority or government institution has a greater interest in the record. The transfer must take place within 15 days of the local authority receiving the access to information request. Once transferred, the 30-day deadline for the receiving local authority or government institution begins [subsection 11(3)]. In accordance with subsection 2-28(3) of The Legislation Act, the first day is excluded in the calculation of time.141 Therefore, the 30-day clock begins the day following the day of the transfer. For more on calculating time, see Section 7: Response Required, Calculating 30 Days, earlier in this Chapter. The receiving local authority or government institution may extend the 30-day deadline pursuant to subsection 12(1) of LA FOIP or subsection 12(1) of FOIP. This means a maximum of 60 days to process. Where a local authority transfers a request (and if necessary, the record), it is required to provide written notice of the transfer to the applicant and provide the date of the transfer. IPC Findings In Review Report 059-2014, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The government institution did 141 Subsection 2-28(3) of The Legislation Act, SS 2019, c L-10.2 provides, “A period described by reference to a number of days between two events excludes the day on which the first event happens and includes the day on which the second event happens”.
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