Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 98 not transfer the access to information request until more than 15 months after receiving the request. The Commissioner found that the government institution did not comply with section 11 of FOIP. Subsection 11(2) Transfer of application 11(2) (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. Subsection 11(2) of LA FOIP provides the circumstances under which another local authority or government institution would have a greater interest in an access to information request or the responsive record: • The responsive record was originally prepared in or for the other local authority or government institution. • The other local authority or the government institution was the first local authority or government institution to obtain the responsive record or a copy of it. This is common where a local authority or government institution sends a record or copy to several other local authorities or government institutions such as contracts or agreements. IPC Findings In Review Report F-2013-005, the Commissioner considered the equivalent provision in FOIP. The Commissioner considered subsection 11(2) of The Freedom of Information and Protection of Privacy Act (FOIP). The Ministry of Health (Health) had transferred two access to information requests to the Ministry of Justice stating that Justice held the responsive records for litigation purposes. However, Health acknowledged that there were responsive records “contained” within its Ministry. The Commissioner found that Health did not demonstrate that Justice had a “greater interest” in the records pursuant to subsection 11(2) of FOIP. The Commissioner also found that Health improperly transferred the requests to Justice.
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