Guide to LA FOIP-Chapter 3

Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 103 IPC Findings In Review Report F-2014-003, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner found that the Ministry of Justice appropriately applied an extension for purposes of processing a large number of records. The Commissioner found that generally more than 500 records constitute a large number of records for purposes of subsection 12(1)(a)(i) of FOIP. In Review Report 322-2021, 030-2022, the Commissioner found that the Ministry of Health (Health) failed to provide the section 7 decision letter to the applicant within the period of extension. As such, the Commissioner found that Health was not in compliance with subsection 12(3) of The Freedom of Information and Protection of Privacy Act (FOIP) and as a result, the Commissioner did not need to consider whether Health was in compliance with subsections 12(1) or 12(2) of FOIP. In Review Report 164-2021, the Commissioner found that the Ministry of Corrections, Policing and Public Safety (Corrections) failed to provide the section 7 decision letter to the applicant within the period of extension. As such, the Commissioner found that Corrections was not in compliance with subsection 12(3) of The Freedom of Information and Protection of Privacy Act (FOIP) and as a result the Commissioner did not need to consider whether Corrections had complied with subsections 12(1) or 12(2) of FOIP. The Commissioner recommended Corrections follow its obligations pursuant to subsection 12(3) of FOIP. 2. Will meeting the original time limit unreasonably interfere with the operations of the local authority? Unreasonably interfere means going beyond the limits of what is reasonable or equitable in time and resources and the impact, which this use of resources would have on the local authority’s day-to-day activities.148 Circumstances that may contribute to unreasonable interference: • Significant increase in access to information requests (e.g., sharp rise over 1-4 months) • Significant increase in access to information caseloads • Computer systems or technical problems • Unexpected employee leaves from the LA FOIP branch 148 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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