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. 104 • Unusual number (high percentage) of new LA FOIP employees in training • Program area discovers a significant amount of additional records • Type of records (maps, etc.) • Number of program areas searched • Location of records149 Circumstances that would not qualify: • The local authority has not allocated the LA FOIP area sufficient resources • Long term or systemic problems • Vacations • Office processes (e.g., sign-off) • Personal commitments • Pre-planned events (e.g., retirements) • No work done during initial 30 days • Type of applicant (media, political, etc.)150 Subsection 12(1)(a)(ii) Subsection 12(1)(a)(ii) of LA FOIP provides that an extension can be applied where the local authority has received a large number of access to information requests and completing them 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.151 Therefore, local authorities should ensure that the section 7 decision letter is provided to the applicant within the period of the extension. 149 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 5-6. 150 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 5-6. 151 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124].

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