Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 105 For this purpose, both parts of the following test must be met: 1. Were there a high number of requests at the time? Volume considerations: • How many requests are involved. • How does volume compare with average request volume.152 IPC Findings In Review Report 158-2017, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner found that an increase from 69 to 112 requests (61.6% increase) qualified as a high number of requests for purposes of subsection 12(1)(a)(ii) 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. 152 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 5-6.
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