Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 102 If a local authority has not complied with subsection 12(3) of LA FOIP, the Commissioner will not consider whether the local authority has complied with subsections 12(1) or 12(2) of LA FOIP.145 Therefore, local authorities should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. Subsection 12(1)(a)(i) Subsection 12(1)(a)(i) of LA FOIP provides that an extension can be applied where there are a large number of records responsive to the request that require processing or where a search through a large number of records is required in order to respond to the request. In addition, completing this work within the original 30 days would unreasonably interfere with the operations of the local authority. Subsection 38(1)(a) of LA FOIP provides that an applicant can request a review by the Commissioner if not satisfied with a decision of the local authority pursuant to section 12 of LA FOIP. In the event an applicant requests a review of the local authority’s application of an extension, the Commissioner will consider whether the local authority’s application of the extension complied with section 12 of LA FOIP. If a local authority has not complied with subsection 12(3) of LA FOIP, the Commissioner will not consider whether the local authority has complied with subsections 12(1) or 12(2) of LA FOIP.146 Therefore, local authorities should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. For this purpose, both parts of the following test must be met: 1. Are there a large number of records requested or needing to be searched? Volume considerations: • How many pages are involved. • Do the records require special handling. • Does the type of record require different methods of searching or handling.147 145 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124]. 146 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124]. 147 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 5-6.
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