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. 107 its Freedom of Information and Privacy Branch, it was reasonable to consider the interference with its operations if it were to try to complete them within the original 30 days. Justice normally had 25 to 50 access to information requests. However, it had over 100 at the time it applied the extension. 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 a position becoming vacant in the FOIP unit during the time the access request was being processed met the second part of the test for subsection 12(1)(a)(ii) of FOIP. The Ministry of Energy and Resources was engaged in a staffing process to fill the vacant position. 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. Subsection 12(1)(b) Extension of time 12(1) The head of a local authority may extend the period set out in section 7 or 11 for a reasonable period not exceeding 30 days: … (b) where consultations that are necessary to comply with the application cannot reasonably be completed within the original period; or

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