Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 99 Furthermore, the Commissioner found that Health should have processed the responsive records it had in its possession in response to the request. The Commissioner recommended that Health complete a search for additional records it may have in its possession and process the records in response to the request. Subsection 11(3) Transfer of application 11(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. Local authorities or government institutions that receive a transferred access to information request must provide a response within 30 days. In accordance with subsection 2-28(3) of The Legislation Act, the first day is excluded in the calculation of time.142 Therefore, the 30-day clock begins the day following the day of 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. If the local authority or government institution intends to extend the timeline, it must comply with the requirements of section 12 of LA FOIP or section 12 of FOIP. Applicants have a right to request a review of a local authority’s decision to extend the response time pursuant to subsection 38(1)(a) of LA FOIP. 142 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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