Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 108 Subsection 12(1)(b) of LA FOIP provides that an extension can be applied where the local authority needs more time to consult in order to process the request. The consultations must be necessary in order to comply with the application. Comply with means to act in accordance with or fulfil the requirements.156 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.157 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. Was the local authority consulting a third party or other public body? The local authority should be able to explain why it was necessary to consult with a third party or other public body in order to make a decision about access, including how the third party or other public body is expected to assist. Public body, in this context, means a separate local authority or government institution as defined by The Freedom of Information and Protection of Privacy Act (FOIP) or health trustee as defined by The Health Information Protection Act (HIPA).158 Some valid reasons for consulting: • Third party or other public body has an interest in the records. • Records were created or controlled jointly.159 156 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. 157 SK OIPC Review Reports 322-2021, 030-2022at [19], 164-2021 at [124]. 158 Adapted from BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 8. 159 BC IPC, Resource, Time Extension Guidelines for Public Bodies, at p. 8.
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